JurisdictionUtahTitle 4Utah Agricultural Code
Ch. 4-41aCannabis Production Establishments and Pharmacies
Part 4-41a-7Independent Cannabis Testing Laboratories
This text of Utah § 4-41a-701 (Cannabis and cannabis product testing.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:
(1)(a) determine required adulterant tests for a cannabis plant product, cannabis concentrate, or cannabis product;
(1)(b) determine the amount of any adulterant that is safe for human consumption;
(1)(c) immediately ban or limit the presence of any ingredient in a medical cannabis product after receiving a recommendation to do so from a public health authority under Section 26B-1-102;
(1)(d) establish protocols for a recall of medical cannabis by a cannabis production establishment; or
(1)(e) allow the propagation of testing results forward to derived product if the processing steps the cannabis production establishment uses to produce the product are unlikely to change the r
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:
(1)(a) determine required adulterant tests for a cannabis plant product, cannabis concentrate, or cannabis product;
(1)(b) determine the amount of any adulterant that is safe for human consumption;
(1)(c) immediately ban or limit the presence of any ingredient in a medical cannabis product after receiving a recommendation to do so from a public health authority under Section 26B-1-102;
(1)(d) establish protocols for a recall of medical cannabis by a cannabis production establishment; or
(1)(e) allow the propagation of testing results forward to derived product if the processing steps the cannabis production establishment uses to produce the product are unlikely to change the results of the test.
(2) (2)(a) The department may require testing for a toxin if:
(2)(a)(i) the department receives information indicating the potential presence of a toxin; or
(2)(a)(ii) the department's inspector has reason to believe a toxin may be present based on the inspection of a facility.
(2)(b) The department may not require a cannabis processor to test a cannabis batch or a cannabis product batch a third time if the cannabis batch or cannabis product has previously met all testing requirements after being tested by:
(2)(b)(i) an independent cannabis testing laboratory that is not the department; and
(2)(b)(ii) the department.
(3) (3)(a) A cannabis production establishment may not:
(3)(a)(i) incorporate cannabis concentrate into a cannabis derivative product until an independent cannabis testing laboratory tests the cannabis concentrate in accordance with department rule; or
(3)(a)(ii) transfer cannabis or a cannabis product to a medical cannabis pharmacy until an independent cannabis testing laboratory tests a representative sample of the cannabis or cannabis product in accordance with department rule.
(3)(b) A medical cannabis pharmacy may not offer any cannabis or cannabis product for sale unless an independent cannabis testing laboratory has tested a representative sample of the cannabis or cannabis product in accordance with department rule.
(4) Before the sale of a medical cannabis product, an independent cannabis testing laboratory shall:
(4)(a) identify and quantify any cannabinoid known to be present in the medical cannabis product; and
(4)(b) test terpene profiles for the following products:
(4)(b)(i) raw cannabis; or
(4)(b)(ii) a cannabis product:
(4)(b)(ii)(A) contained in a vaporizer cartridge; or
(4)(b)(ii)(B) in concentrate form; and
(4)(c) record the five highest terpene profiles tested under Subsection (4)(b).
(5) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the testing of cannabis and cannabis products by independent cannabis testing laboratories.
(6) The department may require an independent cannabis testing laboratory to participate in a proficiency evaluation that the department conducts or that an organization that the department approves conducts.