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  4. R 1507 – Contaminated Product and Failed Test Results
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  2. Colorado Regulations
  3. R 1507 – Contaminated Product and Failed Test Results

R 1507 – Contaminated Product and Failed Test Results

Basis and Purpose

The statutory authority for this rule includes but is not limited to sections 44-12-202(2)(b), 44-12-202(3)(a)(IV), 44-12-202(3)(a)(VII), 44-12-202(3)(a)(VIII), 44-12-202(3)(a)(X), 44-12-202(3)(a)(XI), 44-12-202(3)(a)(XII), 44-12-202(3)(c)(III), 44-12-202(3)(c)(VIII), 44-12-202(3)(d)(IV), 44-12-202(3)(d)(VI), 44-12-402(4), 44-12-403(4), 44-12-404(3), and 44-12-404(6), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(VII). The purpose of this rule is to protect the public health and safety by establishing rules governing the quarantining of potentially contaminated product and the destruction of product that failed contaminant or potency testing for Division’s Retail Marijuana Sampling and Testing Program.

Contaminated Product and Failed Test Results

A. Quarantining of Product

  1. If the Division has reasonable grounds to believe that a particular Harvest Batch, Production Batch, or Inventory Tracking System package of Retail Marijuana, Retail Marijuana Concentrate or Retail Marijuana Product is contaminated or presents a risk to public safety, then the Division may require a Retail Marijuana Establishment to quarantine it until the completion of the Division’s investigation, which may include, but is not limited to, the receipt of any test results.
  2. If a Retail Marijuana Establishment is notified by any local or state agency, or by a Retail Marijuana Testing Facility, that a Test Batch failed a contaminant or potency testing, then the Retail Marijuana Establishment shall quarantine any Retail Marijuana, Retail Marijuana Concentrate or Retail Marijuana Product from any Inventory Tracking System package, Harvest Batch or Production Batch associated with that failed Test Batch and must follow the procedures established pursuant to paragraph (B), (B.1), (B.2), and/or (C) of this Rule.
  3. Except as provided by this Rule, Retail Marijuana, Retail Marijuana Concentrate or Retail Marijuana Product that has been quarantined pursuant to this Rule must be physically separated from all other inventory and the Licensee may not Transfer or further process the Retail Marijuana, Retail Marijuana Concentrate, or Retail Marijuana Product.
  4. In addition to any other method authorized by law, the Division may implement the quarantine through the Inventory Tracking System by (a) indicating failed test results and (b) limiting the Licensee’s ability to Transfer the quarantined Retail Marijuana, Retail Marijuana Concentrate, or Retail Marijuana Product unless otherwise permitted by these rules.

B. Failed Contaminant Testing: All Contaminant Testing Except Microbial Testing of Retail Marijuana Flower or Trim and Pesticide Testing. 

If a Retail Marijuana Establishment is notified by the Division or a Retail Marijuana Testing Facility that a Test Batch failed contaminant testing (except microbial testing of Retail Marijuana flower or trim and Pesticide testing), then for each Inventory Tracking System package, Harvest Batch or Production Batch associated with that failed Test Batch the Retail Marijuana Establishment must either:

  1. Destroy and document the destruction of the Inventory Tracking System package, Harvest Batch or Production Batch pursuant to Rule R 307 – Waste Disposal; or
  2. Decontaminate the Inventory Tracking System package, Harvest Batch or Production Batch, if possible, and create two new Test Batches, each containing the requisite number of Samples, and have those Test Batches tested for the required contaminant test that failed. Such testing must comport with the sampling procedures under Rule R 1504.
    1. A Licensee must either (1) submit both new Test Batches to the same Retail Marijuana Testing Facility that reported the original failed test result, or (2) submit the new Test Batches to two different Retail Marijuana Testing Facilities.
    2. If both new Test Batches pass the required contaminant testing, then the
      Inventory Tracking System package, Harvest Batch, or Production Batch of Retail Marijuana, Retail Marijuana Concentrate or Retail Marijuana Product associated with each Test Batch may be Transferred or processed into a Retail Marijuana Concentrate or Retail Marijuana Product.
    3. If one or both of the Test Batches do not pass contaminant testing, then the Retail Marijuana Establishment must destroy and document the destruction of the Inventory Tracking System package, Harvest Batch or Production Batch included in that Test Batch pursuant to Rule R 307 – Waste Disposal.

B.1. Failed Contaminant Testing: Microbial Testing of Retail Marijuana Flower or Trim.

If a Retail Marijuana Establishment is notified by the Division or a Retail Marijuana Testing Facility that a Test Batch of Retail Marijuana flower or trim failed microbial testing, then for each Inventory Tracking System package or Harvest Batch associated with that failed Test Batch the Retail Marijuana Establishment must either:

  1. Destroy and document the destruction of the Inventory Tracking System package or Harvest Batch pursuant to Rule R 307 – Waste Disposal;
  2. Decontaminate the Inventory Tracking System package or Harvest Batch of Retail Marijuana flower or trim, if possible, and create two new Test Batches, each containing the requisite number of Samples, and have those Test Batches tested for the required microbial test that failed. Such testing must comport with the sampling procedures under Rule R 1504.
    1. A Licensee must either (1) submit both new Test Batches to the same Retail Marijuana Testing Facility that reported the original failed test result, or (2) submit the new Test Batches to two different Retail Marijuana Testing Facilities
    2. If both Test Batches pass the required microbial testing, then the Inventory Tracking System package or Harvest Batch of Retail Marijuana flower or trim associated with each Test Batch may be Transferred or processed into a Retail Marijuana Concentrate or Retail Marijuana Product.
    3. If one or both of the Test Batches do not pass microbial testing, then the Retail Marijuana Establishment must either: (i) destroy and document the destruction of the Inventory Tracking System package or Harvest Batch pursuant to Rule R 307– Waste Disposal; or (ii) Transfer the Inventory Tracking System package or Harvest Batch for Remediation pursuant to Paragraph (B.1)(3)(b) below.
  3. In lieu of decontamination pursuant to Paragraph (B.1)(2) above, the Retail Marijuana Establishment may transfer all Inventory Tracking System packages or Harvest Batches associated with that failed Test Batch to a Retail Marijuana Products Manufacturing Facility for decontamination and/or Remediation by the Retail Marijuana Products Manufacturing Facility.
    1. Decontamination. Only if the Retail Marijuana Establishment has not already attempted to decontaminate pursuant to Paragraph (B.1)(2) above, the Retail Marijuana Products Manufacturing Facility may decontaminate the Inventory Tracking System package or Harvest Batch of Retail Marijuana flower or trim, if possible, and create two new Test Batches, each containing the requisite number of Samples, and have those Test Batches tested for the required microbial test that failed.
      1. A Licensee must either (1) submit both new Test Batches to the same Retail Marijuana Testing Facility that reported the original failed test result, or (2) submit the new Test Batches to two different Retail Marijuana Testing Facilities
      2. If both Test Batches pass the required microbial testing, then the
        Inventory Tracking System package or Harvest Batch of Retail Marijuana flower or trim associated with each Test Batch may be Transferred or processed into a Retail Marijuana Concentrate or Retail Marijuana Product.
      3. If one or both of the Test Batches do not pass microbial testing, then the Retail Marijuana Establishment must either: (i) destroy and document the destruction of the Inventory Tracking System package or Harvest Batch pursuant to Rule R 307 – Waste Disposal; or (ii) attempt Remediation of the Inventory Tracking System package or Harvest Batch for Remediation pursuant to Paragraph (B.1)(3)(b) below.
    2. Remediation.
      1. For Remediation, the Retail Marijuana Establishment shall process the Inventory Tracking System package or Harvest Batch of Retail Marijuana flower or trim associated with the failed Test Batch into a Solvent-Based Retail Marijuana Concentrate. No other Retail Marijuana shall be included in the Solvent-Based Retail Marijuana Concentrate.
      2. The Solvent-Based Retail Marijuana Concentrate that was manufactured pursuant to Paragraph (B.1)(3)(b) shall undergo all required contaminant testing pursuant to Rule R 1501(C) – Retail Marijuana Testing Program – Contaminant Testing, potency testing pursuant to Rule R 1503 – Retail Marijuana Testing Program – Potency Testing, and any other testing required or allowed by the Retail Marijuana Code or these rules, including but not limited to mycotoxins. Such testing must comport with the sampling procedures under Rule R 1504.
      3. If the Solvent-Based Retail Marijuana Concentrate that was
        manufactured pursuant to Paragraph (B.1)(3)(b) fails contaminant
        testing, the Retail Marijuana Establishment shall destroy and document the destruction of the Inventory Tracking System package(s) or Production Batch(es) of Solvent-Based Retail Marijuana Concentrate pursuant to Rule R 307 – Waste Disposal.
    3. Repealed.
    4. Nothing in this rule removes or alters the responsibility of the Retail Marijuana Establishment transferring the Retail Marijuana that failed microbial testing from complying with the requirement to pay excise tax pursuant to Rule R 502(E) and article 28.8 of title 39, C.R.S.

B.2. Failed Contaminant Testing: Pesticide Testing

If a Retail Marijuana Establishment is notified by the Division or a Retail Marijuana Testing Facility that a Test Batch failed Pesticide testing, then for each Inventory Tracking System package, Harvest Batch, or Production Batch associated with that failed Test Batch the Retail Marijuana Establishment must either:

  1. Destroy and document the destruction of the Inventory Tracking System package, Harvest Batch or Production Batch pursuant to Rule R 307 – Waste Disposal; or
  2. Request that the Retail Marijuana Testing Facility that reported the original fail conduct two additional analyses of the original Test Batch submitted in accordance with Rule R 1504.
    1. If both retesting analyses pass the required Pesticide testing, then the Inventory Tracking System package, Harvest Batch, or Production Batch of Retail Marijuana, Retail Marijuana Concentrate, or Retail Marijuana Product may be Transferred or processed into a Retail Marijuana Concentrate or Retail Marijuana Product.
    2. If one or both of the retesting analyses do not pass Pesticide testing, then the Retail Marijuana Establishment must destroy and document the destruction of the Inventory Tracking System package, Harvest Batch, or Production Batch pursuant to Rule R 307 – Waste Disposal.

C. Failed Potency Testing.

If a Retail Marijuana Establishment is notified by the Division or a Retail Marijuana Testing Facility that a Test Batch of Retail Marijuana Product failed potency testing,
then for each Inventory Tracking System package or Production Batch associated with that failed Test Batch the Retail Marijuana Establishment must either:

  1. Destroy and document the destruction of the Inventory Tracking System package or Production Batch pursuant to Rule R 307 – Waste Disposal; or
  2. Attempt corrective measures, if possible, and create two new Test Batches each containing the requisite number of Samples, and have those Test Batches tested for the required potency test that failed. Such testing must comport with the sampling procedures under Rule R 1504.
    1. A Licensee must either (1) submit both new Test Batches to the same Retail Marijuana Testing Facility that reported the original failed test result, or (2) submit the new Test Batches to two different Retail Marijuana Testing Facilities
    2. If both new Test Batches pass potency testing, then the Inventory Tracking System package or Production Batch associated with each Test Batch may be Transferred.
    3. If one or both of the Test Batches do not pass potency testing, then the Retail Marijuana Products Manufacturing Facility must destroy and document the destruction of Inventory Tracking System package or Production Batch pursuant to Rule R 307 – Waste Disposal.

D. Violation Affecting Public Safety

Failure to comply with this rule may constitute a license violation affecting public safety.

Updated on July 21, 2019

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