4-41a-702. Reporting — Inspections — Seizure by the department.
(1)
If an independent cannabis testing laboratory determines that the results of a lab test indicate that a cannabis or cannabis product batch may be unsafe for human use:
Terms Used In Utah Code 4-41a-702
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
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
(a)
the independent cannabis testing laboratory shall report the results and the cannabis or cannabis product batch to:
(i)
the department; and
(ii)
the cannabis production establishment that prepared the cannabis or cannabis product batch;
(b)
the department shall place a hold on the cannabis or cannabis product batch to:
(i)
investigate the cause of the defective batch; and
(ii)
make a determination; and
(c)
the cannabis production establishment that prepared the cannabis or cannabis product batch may appeal the determination described in Subsection (1)(b)(ii) to the department.
(2)
If the department determines, under Subsection (1)(b)(ii) or following an appeal under Subsection (1)(c), that a cannabis or cannabis product prepared by a cannabis production establishment is unsafe for human consumption, the department may seize, embargo, or destroy, in the same manner as a cannabis production establishment under Section 4-41a-405, the cannabis or cannabis product batch.
(3)
If an independent cannabis testing laboratory determines that the results of a lab test indicate that the cannabinoid content of a cannabis or cannabis product batch diverges more than 10% from the amounts the label indicates, the cannabis processing facility may not sell the cannabis or cannabis product batch unless the facility replaces the incorrect label with a label that correctly indicates the cannabinoid content.
