Florida Regulations 64-4.213: MMTC Remediation
Current as of: 2024 | Check for updates
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(1) The capitalized terms used in this rule shall have the same meaning as provided in Emergency Rule 64ER20-1.
(2) An MMTC may remediate a previously failed Retail Batch as provided for herein.
(3) Prior to remediating a previously failed Retail Batch, an MMTC must provide the failed Certificate of Analysis together with completed Form DH8025-OMMU-03/2021, Notification of Remediation, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13905 via email to OMMULABS@flhealth.gov. An MMTC must remediate a previously failed Retail Batch within 30 calendar days of submission of the Notification of Remediation form to the department.
(4) Usable Whole Flower Marijuana that fails regulatory compliance testing may be remediated through processing to create Derivative Product. Usable Whole Flower Marijuana that fails regulatory compliance testing due to Water Activity or Moisture Content may also be remediated by subjecting the Retail Batch to additional drying or curing.
(5) Derivative Product, excluding Edibles, that fails regulatory compliance testing for Heavy Metals or Agricultural Agents shall be disposed of in accordance with Fl. Admin. Code R. 64-4.207 Derivative Product, excluding Edibles, that fails regulatory compliance testing for Residual Solvents, Microbes, or Mycotoxins may be remediated through further processing.
(6) Edibles that fail regulatory compliance testing for any reason may not be remediated and must be disposed of in accordance with Fl. Admin. Code R. 64-4.207
(7) All remediated products must undergo and pass regulatory compliance testing in accordance with the MMTC Regulatory Compliance Testing rule as a new Retail Batch.
(8) A remediated Retail Batch is not eligible for additional remediation.
(9) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority 381.986(8)(e)11.d., 381.986(8)(k) FS. Law Implemented 381.986(8)(e)11. FS. History—New 12-20-21.
(2) An MMTC may remediate a previously failed Retail Batch as provided for herein.
(3) Prior to remediating a previously failed Retail Batch, an MMTC must provide the failed Certificate of Analysis together with completed Form DH8025-OMMU-03/2021, Notification of Remediation, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13905 via email to OMMULABS@flhealth.gov. An MMTC must remediate a previously failed Retail Batch within 30 calendar days of submission of the Notification of Remediation form to the department.
(4) Usable Whole Flower Marijuana that fails regulatory compliance testing may be remediated through processing to create Derivative Product. Usable Whole Flower Marijuana that fails regulatory compliance testing due to Water Activity or Moisture Content may also be remediated by subjecting the Retail Batch to additional drying or curing.
(5) Derivative Product, excluding Edibles, that fails regulatory compliance testing for Heavy Metals or Agricultural Agents shall be disposed of in accordance with Fl. Admin. Code R. 64-4.207 Derivative Product, excluding Edibles, that fails regulatory compliance testing for Residual Solvents, Microbes, or Mycotoxins may be remediated through further processing.
(6) Edibles that fail regulatory compliance testing for any reason may not be remediated and must be disposed of in accordance with Fl. Admin. Code R. 64-4.207
(7) All remediated products must undergo and pass regulatory compliance testing in accordance with the MMTC Regulatory Compliance Testing rule as a new Retail Batch.
(8) A remediated Retail Batch is not eligible for additional remediation.
(9) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority 381.986(8)(e)11.d., 381.986(8)(k) FS. Law Implemented 381.986(8)(e)11. FS. History—New 12-20-21.