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This entry was published on 2021-04-09
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SECTION 129
Laboratory testing permits
Cannabis (CAN) CHAPTER 7-A, ARTICLE 6
§ 129. Laboratory testing permits. 1. The board shall approve and
permit one or more independent cannabis testing laboratories to test
medical cannabis, adult-use cannabis and/or cannabinoid hemp or hemp
extract.

2. To be permitted as an independent cannabis laboratory, a laboratory
must apply to the office, on a form and in a manner prescribed by the
office, which may include a reasonable fee, and must demonstrate the
following to the satisfaction of the board:

(a) the owners and directors of the laboratory are of good moral
character;

(b) the laboratory and its staff has the skills, resources and
expertise needed to accurately and consistently perform all of the
testing required for adult-use cannabis, medical cannabis and/or
cannabinoid hemp or hemp extract;

(c) the laboratory has in place and will maintain adequate policies,
procedures, and facility security to ensure proper: collection,
labeling, accessioning, preparation, analysis, result reporting,
disposal and storage of adult-use cannabis, and/or medical cannabis;

(d) for the testing of cannabis, the laboratory is physically located
in New York state; and

(e) the laboratory meets any and all requirements prescribed by this
chapter and by the board in regulation.

3. The owner of a laboratory testing permit under this section shall
not hold a permit, registration or license in any category of this
chapter and shall not have any direct or indirect ownership interest in
such registered organization or licensee. No board member, officer,
manager, owner, partner, principal stakeholder or member of a registered
organization or licensee under this chapter, or such person's immediate
family member, shall have an interest or voting rights in any laboratory
testing permittee.

4. The board shall require that the permitted laboratory report
testing results to the board in a manner, form and timeframe as
determined by the office.

5. The board is authorized to promulgate regulations, establishing
minimum operating and testing requirements, and requiring permitted
laboratories to perform certain tests and services.

6. A laboratory granted a laboratory testing permit under this chapter
shall not required to be licensed by the federal drug enforcement
agency.

7. The board is authorized to enter into contracts or memoranda of
understanding with any other state for the purposes of aligning
laboratory testing requirements or establishing best practices in
testing of cannabis.