New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 130 - Cannabis Laboratories › Section 130.19 - Laboratory Sampling Firm Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A laboratory sampling firm may only
				employ persons who are twenty-one (21) years of age or older.
(b) A laboratory sampling firm shall train
				all sampling and transportation employees on appropriate sampling and
				transportation procedures, and such training shall be documented.
(c) A laboratory sampling firm shall require
				all sampling and transportation employees to complete data integrity training
				upon hire and annually thereafter, and evidence that such training was
				performed for a sampling and transportation employee shall be documented and
				available upon request.
(d) An
				employee of a laboratory sampling firm shall carry a copy of the firm's
				approval and the copy shall, upon request, be provided to any person requesting
				the services of a laboratory sampling firm.
(e) A laboratory sampling firm shall conduct
				all sampling as set forth in this Part.
(f) A shipping manifest shall accompany every
				transport of cannabis product or medical cannabis and any other intermediates
				or forms from a registered organization, cultivator, processor, cooperative,
				microbusiness, or any other person licensed pursuant to the Cannabis Law or
				authorized to cultivate or process medical cannabis or adult-use cannabis
				pursuant to the Cannabis Law.
(g)
				While transporting cannabis product or medical cannabis and any other
				intermediates or forms, a laboratory sampling firm shall ensure the cannabis
				product or medical cannabis and any other intermediates or forms are not
				visible to and secure from the public:
(1) The
				cannabis product or medical cannabis and any other intermediates or forms shall
				be locked in a fully enclosed box, container, or cage that is secured to the
				inside of the vehicle or trailer. No portion of the enclosed box, container, or
				cage shall be comprised of any part of the body of the vehicle or trailer. For
				the purposes of this section, the inside of the vehicle includes the
				trunk.
(2) A vehicle and trailer
				transporting cannabis product or medical cannabis and any other intermediates
				or forms shall while left unattended be locked and secured.
(3) A vehicle or trailer containing cannabis
				product or medical cannabis and any other intermediates or forms shall not be
				left unattended in a residential area or parked overnight in a residential
				area.
(4) An employee of a
				laboratory sampling firm shall ensure that any vehicle or trailer used by the
				firm for transporting cannabis product or medical cannabis and any other
				intermediates or forms has a functioning alarm system.
(5) An employee of a laboratory sampling firm
				shall ensure that packages or containers holding cannabis product or medical
				cannabis and any other intermediates or forms are neither tampered with, nor
				opened during transport.
(6) An
				employee of a laboratory sampling firm, who is transporting cannabis product or
				medical cannabis and any other intermediates or forms shall only travel between
				the licensed premises and a cannabis laboratory, conducting testing.
(7) An employee of a laboratory sampling firm
				shall not deviate from the travel requirements described in this section,
				except for necessary rest, fuel, or vehicle repair stops.
(8) An employee of a laboratory sampling firm
				may transport multiple cannabis product or medical cannabis and any other
				intermediates or forms obtained from multiple licensees at once.
(9) An employee of a laboratory sampling firm
				shall preserve the integrity of the cannabis product or medical cannabis and
				any other intermediates or forms during transport by maintaining environmental
				conditions that would not impact the cannabis product or medical cannabis, and
				any other intermediates or forms, including but not limited to, avoiding
				temperature and humidity extremes.
(10) Vehicles or trailers transporting
				cannabis product or medical cannabis and any other intermediates or forms are
				subject to inspection by the Office at any licensed premises or during
				transport at any time.
(11) No
				person under the age of twenty-one (21) years old shall be in a vehicle or
				trailer transporting cannabis product or medical cannabis and any other
				intermediates or forms.
(12) Only
				employees of a laboratory sampling firm shall be in any vehicle containing
				cannabis product or medical cannabis and any other intermediates or forms while
				being transported.