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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:
(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.
Cite this article: FindLaw.com - Utah Code Title 4. Utah Agricultural Code § 4-41a-701. Cannabis and cannabis product testing - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-4-utah-agricultural-code/ut-code-sect-4-41a-701/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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