§ 5727. Remediation and Retesting (a) A harvest batch or cannabis product batch that has been additionally processed after a failed testing must be retested and successfully pass all the analyses required under this chapter. (b) A harvest batch or cannabis product batch that failed to test because of non-conformance with the labeled content may be relabeled so that the batch conforms with the labeled content. (c) A harvest or batch or cannabis product batch may only be remediated twice. If the batch fails after the second remediation attempt and the second retesting, the entire batch shall not be released for retail sale. (d) Within 1 business day of completing the required analyses of a sample obtained from a remediated harvest batch or remediated cannabis product batch, the laboratory sha11 enter the COA information into the track and trace system. Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104 and 26110, Business and Professions Code. § 5728. Post-Testing Sample Retention (a) The laboratory shall retain the reserve sample, consisting of any portion of a sample that was not used in the testing process. The reserve sample shall be kept, at a minimum, for 45 business days after the analyses, after which time it may be destroyed and denatured to the point the material is rendered unrecognizable. (b) The laboratory shall securely store the reserve sample in a manner that prohibits sample degradation, contamination, and tampering. (c) The laboratory shall provide the reserve sample to the Bureau upon request.

Proposed Regs – October 19, 2018

Subsection (a) has been revised to remove the language indicating that edible cannabis products may not undergo additional processing after a failed laboratory test. This restriction is no longer in place. Although most edible cannabis products may not undergo remediation. In certain circumstances, limited forms of remediation may be performed on edible cannabis goods that have failed laboratory testing.

Subsection (b) of this section has been removed due to changes in the section 5303 which have rendered this subsection unnecessary. The other subsections of this section have been renumbered to account for the removal of subsection (b). Lastly clarification has been made in new subsection (b) to clarify that a microbusiness referenced in this section must be one that is authorized to engage in distribution. This change is necessary for consistency of terms used throughout the regulations.

Subsection (c) has been revised to clarify that the subsection applies only to failed batches.

Subsection (e) has been revised to correct grammatical errors.

Subsection (f) has been added to clarify that the section would not prevent a cannabis goods batch from being retested when the COA is 12 months old or older. This is necessary to clarify that cannabis batches that have a COA that has expired due to time, may be retested and sold.

Changes Made to Article 7. Laboratory Quality Assurance and Quality Control

Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104 and 26110, Business and Professions Code.

Testing Laboratory