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Rule Title: MARIJUANA TESTING LABORATORY LICENSEE REQUIREMENTS
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: MARIJUANA REGISTRY
Subchapter: Testing Laboratories
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.107.305    MARIJUANA TESTING LABORATORY LICENSEE REQUIREMENTS

(1) A licensed marijuana testing laboratory may:

(a) obtain samples of marijuana items from licensees for testing as provided in these rules;

(b) transport and dispose of samples as provided in these rules; and

(c) perform testing on marijuana items in a manner consistent with the laboratory's accreditation.

(2) A licensed laboratory may return a marijuana item obtained for purposes of testing to the licensee. The return of such marijuana items must be documented.

(3) A laboratory must document the following:

(a) receipt of samples for testing;

(b) size of the sample;

(c) licensee from whom the sample was obtained;

(d) date the sample was collected;

(e) tests performed on samples;

(f) date testing was performed;

(g) results of all testing performed; and

(h) disposition of any testing sample material.

(4) A licensee must clearly identify all limited access areas at the premises.

(5) All licensee employees must wear a department-issued identification badge.

(6) A licensee must maintain a daily log of all visitor activity on a registered premises. The log must contain the first and last name and the date they visited.

(7) Visitors must be accompanied by a licensee or licensee employee at all times.

(8) A licensee is responsible for the security of all marijuana items on the premises, in transit, and under the supervision of any licensee or licensee employee.

(9) A licensee must have a written security plan maintained on the premises that safeguards against theft, diversion, or tampering of marijuana items both on the premises and during transit.

(10) Commercial grade, nonresidential door locks must be installed on every external door, and gate if applicable, of premises.

(11) A licensee must ensure general sanitary requirements are met on the premises to include:

(a) hand-washing facilities;

(b) proper and timely removal of all litter and waste; and

(c) toilet facilities that are maintained in a sanitary condition and good repair.

(12) A licensee must establish written standard operating procedures for each test being conducted and maintain them on the premises.

(13) A licensee must maintain the following records for at least three years. Records may be kept in either paper or electronic form on the premises:

(a) financial records that clearly reflect all financial transactions;

(b) testing documentation; and

(c) all licensee employee training and payroll records.

(14) A licensee must establish written emergency procedures to be followed in case of a fire, chemical spill, or other emergency at all premises.

(15) A licensee must provide and maintain, at its own expense, analytical testing laboratory professional liability insurance with an aggregate limit of one million dollars prior to the issuance of a license.

(16) A licensee must obtain and maintain a $25,000 surety bond which names the department as loss payee in the event the licensee fails to adhere to the security plan approved by the department, or it otherwise operates the facility in a manner that allows for or results in theft, loss, or diversion of marijuana items. A copy of the bond must be submitted to the department prior to a license being issued.

(17) In addition to the requirements contained in rule, the department has developed and published the METRC MT Testing Lab User Guide, dated April 10, 2018 (Guide), which it adopts and incorporates by reference. The purpose of the Guide is to implement requirements for testing laboratories. A copy of the Guide may be obtained from the department by a request in writing to the Department of Public Health and Human Services, Montana Marijuana Program, P.O. Box 202953, Helena, MT 59620-2953 or at http://dphhs.mt.gov/marijuana.

 

History: 50-46-344, MCA; IMP, 50-46-303, 50-46-311, 50-46-312, 50-46-326, 50-46-328, 50-46-329, MCA; NEW, 2018 MAR p. 321, Eff. 4/10/18; AMD, 2018 MAR p. 1968, Eff. 10/6/18.


 

 
MAR Notices Effective From Effective To History Notes
37-839 10/6/2018 Current History: 50-46-344, MCA; IMP, 50-46-303, 50-46-311, 50-46-312, 50-46-326, 50-46-328, 50-46-329, MCA; NEW, 2018 MAR p. 321, Eff. 4/10/18; AMD, 2018 MAR p. 1968, Eff. 10/6/18.
37-820 4/10/2018 10/6/2018 History: 50-46-344, MCA; IMP, 50-46-303, 50-46-311, 50-46-312, 50-46-326, 50-46-328, 50-46-329, MCA; NEW, 2018 MAR p. 321, Eff. 4/10/18.
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