Basis and Purpose - 4-220
The statutory authority for this rule includes but is not
limited to sections
44-10-202(1)(c),
44-10-203(1)(a),
44-10-203(1)(c),
44-10-203(1)(g),
44-10-203(1)(k),
44-10-203(2)(d),
44-10-203(2)(f),
44-10-203(3)(d),
44-10-203(3)(e),
44-10-501(6),
44-10-502(3),
44-10-503(8),
44-10-504(1)(b),
44-10-504(2),
44-10-601(4),
44-10-602(4),
44-10-603(6),
44-10-604(1)(b),
and 44-10-604(2),
C.R.S. Authority also exists in the Colorado Constitution at Article XVIII,
Subsection 16(5)(a) (VII). The purpose of this rule is to protect the public
health and safety by establishing R&D testing procedures and rules for the
Division's Regulated Marijuana sampling and testing program. This Rule 4-220
was previously Rules 4-105, 1 CCR 212-3, Rules M and R 1504,
1 CCR
212-1 and
1 CCR
212-2.
A.
R&D Testing. A Regulated Marijuana Business may
submit Test Batches from a Harvest Batch (including a Manicure Batch) or
Production Batch for R&D testing. R&D testing may be performed for any
test required by these 4-200 Series Rules or any other test.
1. Harvest Batches or Production Batches that
are Designated in the Inventory Tracking System as an R&D batch.
a. The Regulated Marijuana from these batches
shall not be Transferred to other Regulated Marijuana Businesses except for
Regulated Marijuana Testing Facilities.
b. Failing R&D test results do not
require compliance with failed test procedures and are not considered a failing
result for the purposes of achieving or maintaining Reduced Testing
Allowance.
2. Harvest
Batches or Production Batches that are Intended to be Transferred to other
Regulated Marijuana Businesses.
a.
Passing R&D Test Results. If a Harvest or
Production Batch passes an R&D test it shall not constitute a pass for the
purposes of compliance with required contaminant or potency testing. If a
Harvest or Production Batch passes an R&D test it shall not constitute a
pass for purposes of achieving or maintaining a Reduced Testing Allowance.
See Rules 4-210 and 4-230.
b.
Failed R&D Test
Results. If a Harvest or Production Batch fails an R&D test:
i. It does not require compliance with failed
test procedures. See Rule 4-240.
ii. If a Test Batch fails an R&D test
that is a test type required by these Rules, the Licensee must submit a Test
Batch from the same Harvest or Production Batch for compliance testing and
obtain passing results for that test type prior to Transferring that Harvest or
Production Batch to a Regulated Marijuana Business.
iii. If the Test Batch submitted pursuant to
paragraph (1)(b)(ii)(B) fails testing, compliance with the failed test
procedures in Rule 4-240 is required.
iv. Licensees shall not Transfer Regulated
Marijuana that they have reason to believe would not pass testing required by
Rule 4-210 and 4-215, unless otherwise authorized in these rules.
