Fla. Admin. Code Ann. R. 64-4.213 - MMTC Remediation
(1) The
capitalized terms used in this rule shall have the same meaning as provided in
Emergency Rule 64ER20-1.
(2) An
MMTC may remediate a previously failed Retail Batch as provided for
herein.
(3) Prior to remediating a
previously failed Retail Batch, an MMTC must provide the failed Certificate of
Analysis together with completed Form DH8025-OMMU-03/2021, Notification of
Remediation, which is incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-13905
via email to OMMULABS@flhealth.gov. An MMTC must remediate a previously failed
Retail Batch within 30 calendar days of submission of the Notification of
Remediation form to the department.
(4) Usable Whole Flower Marijuana that fails
regulatory compliance testing may be remediated through processing to create
Derivative Product . Usable Whole Flower Marijuana that fails regulatory
compliance testing due to Water Activity or Moisture Content may also be
remediated by subjecting the Retail Batch to additional drying or
curing.
(5) Derivative Product ,
excluding Edibles, that fails regulatory compliance testing for Heavy Metals or
Agricultural Agents shall be disposed of in accordance with Rule
64-4.207, F.A.C. Derivative
Product , excluding Edibles, that fails regulatory compliance testing for
Residual Solvents, Microbes, or Mycotoxins may be remediated through further
processing.
(6) Edibles that fail
regulatory compliance testing for any reason may not be remediated and must be
disposed of in accordance with Rule
64-4.207, F.A.C.
(7) All remediated products must undergo and
pass regulatory compliance testing in accordance with the MMTC Regulatory
Compliance Testing rule as a new Retail Batch.
(8) A remediated Retail Batch is not eligible
for additional remediation.
(9)
This rule shall be reviewed, and if necessary, repealed, modified, or renewed
through the rulemaking process five years from the effective
date.
Notes
Rulemaking Authority 381.986(8)(e)11.d., 381.986(8)(k) FS. Law Implemented 381.986(8)(e)11. FS.
New 12-20-21.
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