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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 696 (January 28, 2023).

28 Pa. Code § 1171.29. Testing requirements.

§ 1171.29. Testing requirements.

 (a)  Prior to conducting any testing of a sample at the request of a grower/processor, an approved laboratory shall enter into a written contract with the grower/processor for testing services. The approved laboratory shall provide a copy of the contract to the Department within 2 days following the Department’s request.

 (b)  A grower/processor shall submit through the electronic tracking system a request to the approved laboratory with which it has a written contract under subsection (a) for each test to be conducted.

 (c)  At a minimum, an approved laboratory shall perform tests as prescribed by the Department on the following items:

   (1)  Samples from a harvest batch or harvest lot prior to being used to produce a medical marijuana product.

   (2)  Samples from each process lot before the medical marijuana is sold or offered for sale to another medical marijuana organization.

 (d)  The samples identified in subsection (c) shall be tested, at a minimum, for the following:

   (1)  Pesticides.

   (2)  Solvents.

   (3)  Water activity and moisture content.

   (4)  THC and CBD concentration.

   (5)  Microbiological contaminants.

   (6)  Terpenes.

 (e)  Sampling and testing under this chapter shall be conducted with a statistically significant number and size of samples and with methodologies acceptable to the Department to ensure that all harvest batches, harvest lots and medical marijuana products are adequately tested for contaminants and that the cannabinoid profile is consistent throughout the harvest batch, harvest lot or medical marijuana products.

 (f)  An approved laboratory may not test any samples when there is evidence of improper collection, improper preservation, apparent spoilage, excessive time lapse between collection of the sample and testing, or any other factor sufficient to render the findings of questionable validity.

 (g)  An approved laboratory shall enter test results into the electronic tracking system and, under §  1151.40 (relating to management and disposal of medical marijuana waste), properly dispose of all tested and untested samples and test samples.

Cross References

   This section cited in 28 Pa. Code §  1171.22 (relating to laboratories generally); and 28 Pa. Code §  1171.31 (relating to test results and reporting).

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