15 Miss. Code. R. 22-5.5 - Failed Test Samples

5.5.1 If a sample fails any initial test, the cannabis testing entity that did the testing may reanalyze the sample. If the sample passes, another cannabis testing entity shall resample the batch and confirm that result in order for the batch to pass testing.

5.5.2 If a sample fails a test or a reanalysis under Rule 5.5.1 of this Chapter, the batch:

A. May be remediated or sterilized in accordance with this subchapter; or

B. If it is not or cannot be remediated or sterilized under this rule, it shall be destroyed in a manner specified by the Department.

5.5.3 If a cultivation entity is permitted under this Part to sell or transfer a harvest batch that has failed a test, the cultivation entity shall notify the processing entit to whom the harvest batch is sold or transferred of the failed test within twenty-four (24) hours of receipt of the COA.

5.5.4 Failed Microbiological Contaminant Testing.

A. If a sample from a batch of usable medical cannabis fails microbiological contaminant testing, the batch may be used to make a cannabinoid concentrate or extract if the processing method effectively sterilizes the batch, such as a method using a hydrocarbon-based solvent, or a CO₂ closed loop system.

B. If a sample from a batch of a cannabinoid concentrate or extract fails microbiological contaminant testing, the batch may be further processed, if the processing method effectively sterilizes the batch, such as a method using a hydrocarbon-based solvent, or a CO₂ closed loop system.

C. A batch that is sterilized in accordance with subsection (A) or (B) of this rule shall be sampled and tested in accordance with this Chapter and must be tested, if not otherwise required for that product, for microbiological contaminants, solvents and pesticides.

D. A batch that fails microbiological contaminant testing after undergoing a sterilization process in accordance with subsection (A) or (B) of this rule shall be destroyed in a manner specified by the Department.

5.5.5 Failed Solvent Testing.

A. If a sample from a batch fails solvent testing, the batch may be remediated using procedures that would reduce the concentration of solvents to less than the action level.

B. A batch that is remediated in accordance with subsection (A) of this rule shall be sampled and tested in accordance with this Chapter and shall be tested if not otherwise required for that product under this Chapter, for solvents and pesticides.

C. A batch that fails solvent testing that is not remediated or that if remediated fails testing shall be destroyed in a manner specified by the Department.

5.5.6 Failed Water Activity Testing and Moisture Testing.

A. If a sample from a batch of usable medical cannabis fails for water activity or moisture activity, the batch from which the sample was taken may:

1. Be used to make a cannabinoid concentrate or extract; or

2. Continue to dry or cure.

B. A batch that undergoes additional drying or curing as described in subsection (A) of this rule shall be sampled and tested in accordance with this Part.

5.5.7 Failed pesticide testing. If a sample from a batch fails pesticide testing, the batch may not be remediated and shall be destroyed in a manner permitted under this Part and/or approved by the Department.

5.5.8 Failed Potency Testing.

A. Usable medical cannabis that fails potency testing under Rule 5.4.7 of this Part may be repackaged in a manner that enables the item to meet the standard in Rule 5.4.7 of this Part.

B. Usable medical cannabis that is repackaged in accordance with this section shall be sampled and tested in accordance with these Rules.

5.5.9 Failed Remediation.

A. If a sample fails a test after undergoing remediation or sterilization as permitted under this rule, the batch shall be destroyed in a manner approved by the Department.

B. A cultivation or processing entity shall inform a cannabis testing facility prior to samples being taken that the batch has failed a test and is being retested after undergoing remediation or sterilization.

C. A cultivation or processing entity shall, as applicable:

1. Have detailed procedures for sterilization processes to remove microbiological contaminants and for reducing the concentration of solvents.

2. Document all sampling, testing, sterilization, remediation and destruction that are a result of failing a test under these rules.

D. A cannabis or cannabis product batch may only be remediated twice. If the batch fails after a second remediation attempt and the second retesting, the entire batch shall be destroyed in a manner approved by the Department.

E. Within one (1) business day of completing the required analyses of a representative sample obtained from a remediated cannabis or cannabis product batch, the cannabis testing entity shall upload the COA information into the seed-to-sale system.

Notes

15 Miss. Code. R. 22-5.5

Adopted 1/13/2024