Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 3586 (June 26, 2021).

28 Pa. Code § 1171.31. Test results and reporting.

§ 1171.31. Test results and reporting.

 (a)  Only the results of the following tests are in compliance with the testing requirements of this chapter:

   (1)  Tests conducted on harvest batch samples or harvest lot samples requested by a grower/processor under §  1171.29 (relating to testing requirements) and identified and collected by an employee of an approved laboratory.

   (2)  Tests conducted on process lot samples requested by a grower/processor under §  1171.29 and identified and collected by either an employee of a grower/processor or an employee of an approved laboratory.

 (b)  The test results for each sample shall be entered into the electronic tracking system and shall only be accessible to the grower/processor submitting the sample and to the Department.

 (c)  If a sample fails any test required under §  1171.29, the following apply to the sample:

   (1)  The approved laboratory that performed the initial test may re-test the sample upon a request from the grower/processor in accordance with subsection (d).

   (2)  If the sample passes the re-test, another approved laboratory shall sample the same harvest batch, harvest lot or process lot to confirm the passing test result.

   (3)  If the Department does not agree to accept the results from the approved laboratory, the sample shall be disposed of by the approved laboratory under §  1151.40 (relating to management and disposal of medical marijuana waste).

 (d)  A grower/processor shall notify the Department and the approved laboratory through the electronic tracking system of its intent to re-test the sample or test another sample from the same harvest batch, harvest lot or process lot that failed a test.

 (e)  An approved laboratory shall issue to a grower/processor a certificate of analysis, including the supporting data, for each harvest batch, harvest lot or process lot sample that was tested at the request of the grower/processor. The certificate of analysis must include the following information:

   (1)  Whether the chemical profile of the harvest batch, harvest lot or process lot conforms to the chemical profile of the strain as determined by the Department for the following compounds:

     (i)   THC.

     (ii)   Tetrahydrocannabinolic acid.

     (iii)   CBD.

     (iv)   Cannabidiolic acid.

     (v)   Cannabigerol.

     (vi)   Cannabinol.

   (2)  That the presence of the following contaminants within the harvest batch, harvest lot or process lot does not exceed the levels as determined by the Department for the following:

     (i)   Heavy metals, mercury, lead, cadmium or arsenic.

     (ii)   Foreign material such as hair, insects, or any similar or related adulterant.

     (iii)   Any microbiological impurity, including:

       (A)   Total aerobic microbial count.

       (B)   Total yeast mold count.

       (C)   P. aeruginosa.

       (D)   Aspergillus spp.

       (E)   S. aureus.

       (F)   Aflatoxin B1, B2, G1 and G2.

       (G)   Ochratoxin A.

       (H)   Pesticide residue.

     (iv)   Whether the harvest batch, harvest lot or process lot is within the specification for the strain for the characteristics of:

       (A)   Odor.

       (B)   Appearance.

       (C)   Fineness.

       (D)   Moisture content.

Cross References

   This section cited in 28 Pa. Code §  1171.35 (relating to laboratory reporting).



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