California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10711 - Inspection, Testing, and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  certified operation shall make all agricultural inputs, cannabis waste or
				  cannabis that is to be sold, labeled, or represented as OCal accessible for
				  examination and sampling by the department or the certified operation's
				  registered certifying agent.
(b)
				  The department or the registered certifying agent may require preharvest or
				  postharvest testing of any agricultural input used, cannabis waste, or cannabis
				  that is to be sold, labeled, or represented as OCal when there is reason to
				  believe the agricultural input or cannabis has come into contact with a
				  prohibited substance or has been produced using excluded methods. Samples
				  collected and tested may include soil, water, cannabis waste, seeds, plant
				  tissue, and whole plants. Such tests shall be conducted by the department or
				  the registered certifying agent at the department's or the registered
				  certifying agent's own expense.
(c)
				  The registered certifying agent shall conduct periodic residue testing of
				  cannabis waste and pre- and post-harvest cannabis that is to be sold, labeled,
				  or represented as OCal. Samples collected and tested may include soil, water,
				  cannabis waste, seeds, plant tissue, and whole plants. Such tests shall be
				  conducted by the registered certifying agent at the registered certifying
				  agent's own expense.
(d) The
				  registered certifying agent shall, on an annual basis, sample and test from a
				  minimum of 5 percent of the operations it certifies, rounded to the nearest
				  whole number. The registered certifying agent that certifies fewer than 30
				  operations on an annual basis shall sample and test from at least one operation
				  annually.
(e) Sample collection in
				  accordance with this section shall be performed by a representative of the
				  department or the registered certifying agent. Sample integrity shall be
				  maintained throughout the chain of custody.
(f) Testing shall be performed by the
				  Department of Food and Agriculture Center for Analytical Chemistry or a
				  laboratory located in California that is a California commercial cannabis
				  licensee or is accredited by an accrediting body that is independent from all
				  other persons involved in commercial cannabis activity in the state and
				  approved by the department.
(g)
				  When testing detects prohibited substances, the registered certifying agent
				  shall investigate to determine the cause of the prohibited substance.
(h) A certified operation must provide its
				  registered certifying agent with a copy of the Certificate of Analysis (COA)
				  for any batch tested, pursuant to section
				  26100
				  of the Business and Professions Code, that is destroyed within three business
				  days after notification of destruction. If the batch was held or destroyed due
				  to residue from prohibited substances, the registered certifying agent shall
				  investigate pursuant to section
				  10702 of this chapter.
(i) Results of all analyses and tests
				  performed under this chapter will be available for public access unless the
				  testing is part of a compliance investigation or action. Results may be
				  reviewed as part of a department audit pursuant to section
				  10412 of this chapter.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.