Utah Code 4-41a-701. Cannabis and cannabis product testing

4-41a-701. Cannabis and cannabis product testing.

(1)

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:

Terms Used In Utah Code 4-41a-701

Adulterant: means any poisonous or deleterious substance in a quantity that may be injurious to health, including:

(a)	pesticides;

(b)	heavy metals;

(c)

solvents;

(d)	microbial life;

(e)	artificially derived cannabinoid;

(f)	toxins; or

(g)

foreign matter. See Utah Code 4-41a-102

Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Cannabis concentrate: means :

(a)	the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and

(b)

any amount of a natural cannabinoid or artificially derived cannabinoid in an artificially derived cannabinoid's purified state. See Utah Code 4-41a-102

Cannabis derivative product: means a product made using cannabis concentrate. See Utah Code 4-41a-102

Cannabis plant product: means any portion of a cannabis plant intended to be sold in a form that is recognizable as a portion of a cannabis plant. See Utah Code 4-41a-102

Cannabis product: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102

Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102

Independent cannabis testing laboratory: includes a laboratory that the department or a research university operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102

Medical cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Medical cannabis pharmacy: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109

(a)

determine required adulterant tests for a cannabis plant product, cannabis concentrate, or cannabis product;

(b)	determine the amount of any adulterant that is safe for human consumption;

(c)	immediately ban or limit the presence of any ingredient in a medical cannabis product after receiving a recommendation to do so from a public health authority under Section 26B-1-102;

(d)	establish protocols for a recall of cannabis or a cannabis product by a cannabis production establishment; or

(e)	allow the propagation of testing results forward to derived product if the processing steps the cannabis production establishment uses to produce the product are unlikely to change the results of the test.

(2)

The department may require testing for a toxin if:

(a)	the department receives information indicating the potential presence of a toxin; or

(b)	the department’s inspector has reason to believe a toxin may be present based on the inspection of a facility.

(3)

(a)

A cannabis production establishment may not:

(i)	incorporate cannabis concentrate into a cannabis derivative product until an independent cannabis testing laboratory tests the cannabis concentrate in accordance with department rule; or

(ii)	transfer cannabis or a cannabis product to a medical cannabis pharmacy until an independent cannabis testing laboratory tests a representative sample of the cannabis or cannabis product in accordance with department rule.

(b)	A medical cannabis pharmacy may not offer any cannabis or cannabis product for sale unless an independent cannabis testing laboratory has tested a representative sample of the cannabis or cannabis product in accordance with department rule.

(4)

Before the sale of a cannabis product, an independent cannabis testing laboratory shall:

(a)	identify and quantify any cannabinoid known to be present in a cannabis product; and

(b)

test terpene profiles for the following products:

(i)	raw cannabis; or

(ii)

a cannabis product:

(A)	contained in a vaporizer cartridge; or

(B)	in concentrate form; and

(c)	record the five highest terpene profiles tested under Subsection (4)(b).

(5)	The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the testing of cannabis and cannabis products by independent cannabis testing laboratories.

(6)	The department may require an independent cannabis testing laboratory to participate in a proficiency evaluation that the department conducts or that an organization that the department approves conducts.

Amended by Chapter 313, 2023 General Session
Amended by Chapter 317, 2023 General Session

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