42.39.307 FAILED TEST SAMPLES
(1) If a sample fails any initial test, the laboratory that did the testing must reanalyze the sample.
(2) A licensee must request a reanalysis within seven calendar days of receiving notice from the laboratory of any failed testing.
(3) The reanalysis must be completed by the laboratory within 30 days of receiving the request from the licensee.
(4) If the sample passes reanalysis, a second laboratory must sample the test batch and confirm the results for the test batch to pass testing.
(5) The licensee is responsible for the costs of reanalysis.
(6) A licensee is not permitted to sell or transfer to a registered cardholder, marijuana items that have failed a test.
(7) Failed harvests, lots, or test batches may be remediated so long as the remediation method does not impart any toxic or deleterious substance to the usable marijuana, marijuana concentrates, or marijuana-infused product.
(8) Remediation methods used on the marijuana item must be disclosed to the department.
(9) No remediated harvests, lots, or test batches may be sold until the completion and successful passage of quality assurance testing as required in these rules and Montana statute.
(10) If a sample fails and cannot be remediated or sterilized the test batch must be destroyed.
(11) A licensee must document all sampling, testing, sterilization, remediation and destruction that are a result of failing a test under these rules.
History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-311, 50-46-326, MCA; NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.410, 2021 MAR p. 765, Eff. 7/2/21.