Lawriter - OAC - 3796:4-2-03 Testing laboratory sample procurement.

3796:4-2-03 Testing laboratory sample procurement.

(A) A testing laboratory shall collect samples of harvested plant material for analysis from a cultivator. Samples must be taken from each segregated, homogenized batch of harvested marijuana, as defined in rule 3796:1-1-01 of the Administrative Code, in such a manner as to ensure that a random sample is selected.

(B) A testing laboratory shall collect samples of medical marijuana products for analysis from a processor. Samples must be taken from each lot of medical marijuana products, as defined in rule 3796:1-1-01 of the Administrative Code, in such a manner as to ensure that a random sample is selected.

(C) A testing laboratory may collect samples of marijuana-derived ingredients, including but not limited to extracts, intended for use in the manufacture of medical marijuana products, if analysis is requested by a processor. Samples must be taken from each batch of marijuana-derived ingredients in such a manner as to ensure that a random sample is selected. Tests performed on medical marijuana extract may satisfy the requirements set forth in paragraph (C) of rule 3796:4-2-04 of the Administrative Code for the following analyses:

(1) Mycotoxin contamination;

(2) Heavy metal contamination;

(3) Pesticide and fertilizer residue contamination; or

(4) Residual solvent contamination.

(D) A testing laboratory may collect samples of plant material at any phase of cultivation for the purposes of assisting cultivators in research and development regarding new strains of medical marijuana or cultivation techniques, if analysis is requested by a cultivator. Tests performed pursuant to this paragraph must be reported to the department in accordance with rule 3796:4-2-05 of the Administrative Code, and the resulting certificate of analysis must be clearly marked with the phrase "For research and development only. Not for sale."

(E) A testing laboratory shall transport all samples in accordance with rule 3796:4-2-10 of the Administrative Code.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03