Basis and Purpose – R 103

The statutory authority for this rule is found at subsection 12-43.4-202(2)(b), C.R.S. The purpose of this rule is to provide necessary definitions of terms used throughout the rules. Defined terms are capitalized where they appear in the rules, to let the reader know to refer back to these definitions. When a term is used in a conventional sense, and not intended to be a defined term, it is not capitalized.

With regard to the definition of Child-Resistant, the State Licensing Authority relied extensively upon written commentary provided by a public health agency within a Colorado hospital, which had conducted a health impact assessment of packaging regulations, looking at accidental ingestion of medical marijuana. The assessment was supported by others in the public, including industry representatives and a physician specializing in medical toxicology.

With regard to the definition of Restricted Access Area, the State Licensing Authority relied extensively upon written commentary provided by a consumer advocate.

R 103 – Definitions

Definitions. The following definitions of terms, in addition to those set forth in section 12-43.4-103, C.R.S., shall apply to all rules promulgated pursuant to the Retail Code, unless the context requires otherwise:

“Advertising” means the act of providing consideration for the publication, dissemination, solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any Person to patronize a particular a Retail Marijuana Establishment, or to purchase particular Retail Marijuana or a Retail Marijuana Product. “Advertising” includes marketing, but does not include packaging and labeling. “Advertising” proposes a commercial transaction or otherwise constitutes commercial speech.

“Alarm Installation Company” means a Person engaged in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing a Security Alarm System in a Licensed Premises.

“Applicant” means a Person that has submitted an application pursuant to these rules that was accepted by the Division for review but has not been approved or denied by the State Licensing Authority.

“Batch Number” means any distinct group of numbers, letters, or symbols, or any combination thereof, assigned by a Retail Marijuana Cultivation Facility or Retail Marijuana Products Manufacturer to a specific Harvest Batch or Production Batch of Retail Marijuana.

"Cannabinoid" means any of the chemical compounds that are the active principles of marijuana. “Child-Resistant” means special packaging that is:
a.	Designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995) and ASTM classification standard D3475-12, http://www.astm.org/Standards/D3475.htm. Note that this rule does not include any later amendments or editions to the Code of Federal Regulations or the ASTM classification
a.	
standards.  The Division has maintained a copy of the applicable federal regulation and ASTM classification standard, which are available to the public.

b.	Opaque so that the product cannot be seen from outside the packaging;

c.	Closable for any product intended for more than a single use or containing multiple servings, and

d.	Labeled properly as required by the R 1000 Series.

"Container" means the sealed package in which Retail Marijuana or a Retail Marijuana Product is placed for sale to a consumer and that has been labeled according to the requirements set forth in Rules R 1002 et. seq.

“CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE” MEANS A RETAIL MARIJUANA CONCENTRATE THAT WAS PRODUCED BY EXTRACTING CANNBINIODS FROM RETAIL MARIJUANA THROUGH THE USE OF A HYDRO-CARBON SOLVENT, SUCH AS BUTANE OR PROPANE, OR CO2.

"Denied Applicant" means any Person whose application for licensure pursuant to the Retail Code has been denied.

“Department” means the Colorado Department of Revenue. "Director" means the Director of the Marijuana Enforcement Division. "Division" means the Marijuana Enforcement Division.
"Edible Retail Marijuana Product" means any Retail Marijuana Product which is intended to be consumed orally, including but not limited to, any type of food, drink, or pill.

“Executive Director” means the Executive Director of the Department of Revenue.

"Exit Package" means a sealed Container or package provided at the retail point of sale, in which any Retail Marijuana or Retail Marijuana Product already within a Container are placed.

“FAT-BASED RETAIL MARIJUANA CONCENTRATE” MEANS A RETAIL MARIJUANA CONCENTRATE THAT WAS PRODUCED BY EXTRACTING CANNABINOIDS FROM RETAIL MARIJUANA THROUGH THE USE OF BUTTER, OLIVE OIL OR OTHER TYPICAL COOKING FATS AS A SOLVENT.

“Final Agency Order” means an Order of the State Licensing Authority issued in accordance with the Retail Code and the State Administrative Procedure Act. The State Licensing Authority will issue a Final Agency Order following review of the Initial Decision and any exceptions filed thereto or at the conclusion of the declaratory order process. A Final Agency Order is subject to judicial review.

“Flower” means the gametophytic or reproductive state of Cannabis in which the plant in in a light cycle intended to produce flowers, trichromes, and cannabinoids characteristic of marijuana.

“Good Cause” for purposes of denial of an initial, renewal, or reinstatement of a license application, means:

a.	The Licensee or Applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Retail Code, any rules promulgated pursuant to it, or any supplemental relevant state or local law, rule, or regulation;

b.	The Licensee or Applicant has failed to comply with any special terms or conditions that were placed upon the license pursuant to an order of the State Licensing Authority or the relevant local jurisdiction; or

c.	The Licensee’s Licensed Premises have been operated in a manner  that  adversely affects the public health or welfare or the safety of the immediate neighborhood in which the establishment is located.

“Good Moral Character” means an individual with a personal history demonstrating  honesty, fairness, and respect for the rights of others and for the law.

“Harvest Batch” means a specifically identified quantity of processed Retail Marijuana that is uniform in strain, cultivated utilizing the same herbicides, pesticides, and fungicides, and harvested at the same time.

“Identity Statement” means the name of the business as it is commonly known and used in any Advertising.

"Immature plant” means a nonflowering Retail Marijuana or Medical Marijuana plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping, or seedling and that is in a growing/cultivating container that is no larger than two inches wide and two inches tall that is sealed on the sides and bottom.

“Initial Decision” means a decision of a hearing officer in the Department following a licensing, disciplinary, or other administrative hearing. Either party may file exceptions to the Initial Decision. The State Licensing Authority will review the Initial Decision and any exceptions filed thereto, and will issue a Final Agency Order.

"Licensed Premises” means the premises specified in an application for a license pursuant to the Retail Code that are owned or in possession of the Licensee and within which the Licensee is authorized to cultivate, manufacture, distribute, sell, or test Retail Marijuana in accordance with the provisions of the Retail Code and these rules.

"Licensee" means any Person licensed pursuant to the Retail Code or, in the case of an Occupational License Licensee, any individual licensed pursuant to the Retail Code or Medical Code.

"Limited Access Area" means a building, room, or other contiguous area upon the Licensed Premises where Retail Marijuana is grown, cultivated, stored, weighed, packaged, sold, or processed for sale, under control of the Licensee.

“Limit of Detection” or “LOD” means the lowest quantity of a substance that can be distinguished from the absence of that substance (a blank value) within a stated confidence limit (generally 1%).[

“Limit of Quantitation” or “LOQ” means the lowest concentration at which the analyte can not only be reliably detected but at which some predefined goals for bias and imprecision are met.

“MITS” means Marijuana Inventory Tracking Solution.

“MITS Trained Administrator” means an Owner or an occupationally licensed employee of a Retail Marijuana Establishment who has attended and successfully completed MITS training and who has completed any additional training required by the Division.

“MITS User” means an Owner or occupationally licensed Retail Marijuana Establishment employee who is granted MITS User account access for the purposes of conducting inventory tracking functions in the MITS system and who has been successfully trained by a MITS Trained Administrator in the proper and lawful use of MITS.

“Medical Code” means the Colorado Medical Marijuana Code found at sections 12-43.3-101 et. seq., C.R.S.

“Medical Marijuana” means “Medical Marijuana” means marijuana that is grown and sold pursuant to the Medical Code and includes seeds and Immature Plants.

"Medical Marijuana Business" means a Medical Marijuana Center, a Medical Marijuana-Infused Product Manufacturing Business, or an Optional Premises Cultivation Operation.

"Medical Marijuana Center" means a Person licensed pursuant to the Medical Code to operate a business as described in section 12-43.3-402, C.R.S., and sells medical marijuana to registered patients or primary caregivers as defined in Article XVIII, Section 14 of the Colorado Constitution, but is not a primary caregiver.

“Medical Marijuana-Infused  Product” means a product infused  with Medical Marijuana that  is intended for use or consumption other than by smoking, including but not limited to edible product, ointments, and tinctures. Such products shall not be considered a food or drug for purposes of the “Colorado Food and Drug Act,” part 4 of Article 5 of Title 25, C.R.S.

"Medical Marijuana-Infused Products Manufacturing Business" means a Person licensed pursuant to the Medical Code to operate a business as described in section 12-43.3-404, C.R.S.

"Monitoring” means the continuous and uninterrupted attention to potential alarm signals that could be transmitted from a Security Alarm System located at a Retail Marijuana Establishment Licensed Premises, for the purpose of summoning a law enforcement officer to the premises during alarm conditions.

"Monitoring Company” means a person in the business of providing security system Monitoring services for the Licensed Premises of a Retail Marijuana Establishment.

"Notice of Denial" means a written statement from the State Licensing Authority, articulating the reasons or basis for denial of a license application.

“Occupational License” means a license granted to an individual by the State Licensing Authority pursuant to section 12-43.3-401 or 12-43.4-401, C.R.S.

"Optional Premises Cultivation Operation" means a Person licensed pursuant to the Medical Code to operate a business as described in section 12-43.3-403, C.R.S.

"Order to Show Cause" means a document from the State Licensing Authority alleging the grounds for imposing discipline against a Licensee’s license.

“Owner” means the Person or Persons whose beneficial interest in the license is such that they bear risk of loss other than as an insurer, have an opportunity to gain profit from the operation or sale of the establishment, and have a controlling interest in a Retail Marijuana Establishment license, and includes any other Person that qualifies as an Owner pursuant to Rule R 204.

“Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof; except that “Person” does not include any governmental organization.

"PESTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST OR ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT REGULATOR, DEFOLIANT, OR DESICCANT; EXCEPT THAT THE TERM "PESTICIDE" SHALL NOT INCLUDE ANY ARTICLE THAT IS A "NEW ANIMAL DRUG" AS DESIGNATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION."

“Production Batch” means a group of Retail Marijuana Product created from a production run of marijuana product.

“Proficiency Testing Samples” means performing the same analyses on the same samples and comparing results to ensure the Samples are homogenous and stable, and also that the set of samples analyzed are appropriate to test and display similarities and differences in results.

“Propagation” means the reproduction of Retail Marijuana plants by seeds, cuttings or grafting. “RFID” means Radio Frequency Identification.
“RESIDUAL SOLVENTS” MEANS THE CLASSIFICATION OF VOLATILE ORGANIC COMPOUNDS (VOC) WITH A LOW BOILING POINT OR OTHER SOLVENTS USED IN THE MANUFACTURING PROCESS OF RETAIL MARIJUANA CONCENTRATE PRODUCTS. THE AUTHORIZED SOLVENTS PERMISSIBLE FOR USED INCLUDE: N-BUTANE, ISO-BUTANE, PROPANE, HEPTANE, 2-PROPONYL (ISOPROPYL ALCOHOL), ETHANOL, PROPYLENE GLYCOL, GLYCERIN AND CO2 TO EXCLUDE TYPICAL COOKING FATS.

“Respondent” means a Person who has filed a petition for declaratory order that the State Licensing Authority has determined needs a hearing or legal argument or a Licensee who is subject to an Order to Show Cause.

“Restricted Access Area” means a designated and secure area within a Licensed Premises in a Retail Marijuana Store where Retail Marijuana and Retail Marijuana Product are sold, possessed for sale, and displayed for sale, and where no one under the age of 21 is permitted.

"Retail Code" means the Colorado Retail Marijuana Code found at sections 12-43.4-101 et. seq., C.R.S.

"Retail Marijuana” means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, that is cultivated, manufactured, distributed, or sold by a licensed Retail Marijuana Establishment. "Retail Marijuana" does not include industrial hemp, nor does it include fiber produced from stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

“RETAIL MARIJUANA CONCENTRATE” MEANS SPECIFIC SUBSET OF RETAIL MARIJUANA THAT WAS PRODUCED BY EXTRACTING CANNABINOIDS FROM RETAIL MARIJUANA. TYPES OF RETAIL MARIJUANA CONCENTRATES INCLUDE WATER-BASED RETAIL MARIJUANA CONCENTRATES, SOLVENT-BASED RETAIL MARIJUANA CONCENTRATES, CRITICAL FLUID EXTRACTION  RETAIL MARIJUANA CONCENTRATES AND FAT-BASED RETAIL MARIJUANA CONCENTRATES.

"Retail Marijuana Cultivation Facility" means an entity licensed to cultivate, prepare, and package Retail Marijuana and sell Retail Marijuana to Retail Marijuana Establishments, but not to consumers.

"Retail Marijuana Establishment" means a Retail Marijuana Store, a Retail Marijuana Cultivation Facility, a Retail Marijuana Products Manufacturing Facility, or a Retail Marijuana Testing Facility.

"Retail Marijuana Product" means concentrated Retail Marijuana and Retail Marijuana Product that are comprised of Retail Marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible product, ointments, and tinctures.

“Retail Marijuana Products Manufacturing Facility” means an entity licensed to purchase Retail Marijuana; manufacture, prepare, and package Retail Marijuana Product; and sell Retail Marijuana and Retail Marijuana Product only to other Retail Marijuana Products Manufacturing Facilities and Retail Marijuana Stores.

“Retail Marijuana Store” means an entity licensed to purchase Retail Marijuana from a Retail Marijuana Cultivation Facility and to purchase Retail Marijuana Product from a Retail Marijuana Products Manufacturing Facility and to sell Retail Marijuana and Retail Marijuana  Product  to consumers.

“Retail Marijuana Testing Facility” means an entity licensed and certified to analyze and certify the safety and potency of Retail Marijuana.

“Sample” means any Retail Marijuana, Retail Marijuana Product, Medical Marijuana, or Medical Marijuana-Infused Product provided for testing or research purposes to a Retail Marijuana Testing Facility by a Retail Marijuana Establishment or Medical Marijuana Business.

"Security Alarm System” means a device or series of devices, intended to summon law enforcement personnel during, or as a result of, an alarm condition. Devices may include hard- wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual, or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in progress).

“Shipping Container” means any container or wrapping used solely for the transport of Retail Marijuana or Retail Marijuana Product in bulk, or in a quantity for other Retail Marijuana Establishments.

“SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE” MEANS A RETAIL MARIJUANA CONCENTRATE THAT WAS PRODUCED BY EXTRACTING CANNBINIODS FROM RETAIL MARIJUANA THROUGH THE USE OF GLYCERIN, ISOPROPYL ALCOHOL, ETHANOL, OR PROPYLENE GLYCOL AS A SOLVENT.

"Standardized Graphic Symbol" means a graphic image or small design adopted by a Licensee to identify its business.

"State Licensing Authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana and Retail Marijuana in Colorado, pursuant to section 12-43.3-201, C.R.S.

"THC" means tetrahydrocannabinol. "THCA" means tetrahydrocannabinolic acid.
“TEST BATCH” MEANS A SAMPLE THAT IS COMPRISED OF RETAIL MARIJUANA FROM MORE THAN ONE HARVEST BATCH OR RETAIL MARIJUANA CONCENTRATE OR RETAIL MARIJUANA PRODUCT FROM MORE THAN ONE PRODUCTION BATCH.

"Universal Symbol" means the image established by the Division and made available to Licensees through the Division’s website indicating Retail Marijuana or a Retail Marijuana Product is within a Container.

“Unrecognizable” means marijuana or Cannabis plant material rendered indistinguishable from any other plant material.

“Vegetation” means the sporophytic state of the Cannabis plant that is a form of asexual reproduction in plants during which plants do not produce resin or flowers and are bulking up to a desired production size for Flowering.

“WATER-BASED RETAIL MARIJUANA CONCENTRATE” MEANS A RETAIL MARIJUANA CONCENTRATE THAT WAS PRODUCED BY EXTRACTING CANNABINOIDS FROM RETAIL MARIJUANA THROUGH THE USE OF ONLY WATER OR ICE.

Basis and Purpose - R 211

The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.3-202(3)(a), and 12- 43.4-202(4)(b)(I)(a) section 12-43.4-104, and 12-43.4-501, C.R.S. The purpose of this rule is to clarify that existing Medical Marijuana Businesses may apply to convert a Medical Marijuana Business License to a Retail Marijuana Establishment License or may apply to obtain one additional license to operate a Retail Marijuana Establishment. It is important to note that the State Licensing Authority considers each license issued as separate and distinct. Each license, whether it is in the same location or not, is fully responsible to maintain compliance with all statutes and rules promulgated regardless of whether or not they are located in a shared address.

A Medical Marijuana Business may only obtain one Retail Marijuana Establishment License, whether it converts the Medical Business License or obtains a Retail Marijuana Establishment License, for each Medical Marijuana Business License it holds. In order to ensure all Retail Marijuana and Retail Marijuana Product are tracked in MITS and as a condition of licensure, a Medical Marijuana Business must declare in MITS all Medical Marijuana and Medical Marijuana Infused-Product that are converted for sale as Retail Marijuana or Retail Marijuana Product prior to initiating or allowing any sales. This declaration may be made only once, in part, due to the excise tax issues that may be implicated if a Licensee makes multiple conversions from Medical Marijuana or Medical Marijuana-Infused Product to Retail Marijuana or Retail Marijuana Product.

The State Licensing Authority received several comments from stakeholders who requested lower fees for Medical Marijuana Businesses that were either converting a Medical Marijuana Business license to a Retail Marijuana Establishment license or obtaining an additional Retail Marijuana Establishment license while retaining the existing Medical Marijuana Business license. The adopted permanent regulations reflect changes to address this concern. Under the rules as adopted Medical Marijuana Businesses that apply to convert to a Retail Marijuana Establishment license will be required to pay an application fee, but no license fees will be charged until such time as the renewal fees would have been due under the Medical Marijuana Business license term. The Retail Marijuana Establishment license, if approved, would assume the balance of the license term from the Medical Marijuana Business license and have the same expiration date.

THE RULE ALSO ESTABLISHES A MEANS BY WHICH TO MANAGE THE OVERALL PRODUCTION OF RETAIL MARIJUANA. THIS RULE IS NECESSARY TO ENSURE THERE IS NOT SIGNIFICANT UNDER OR OVER PRODUCTION, EITHER OF WHICH WILL INCREASE INCENTIVES TO ENGAGE IN DIVERSION AND FACILITATE THE CONTINUATION OF THE BLACK MARKET.

R 211 – Conversion - Medical Marijuana Business to Retail Marijuana Establishment

A.	Medical Marijuana Business Applying for a Retail Marijuana Establishment License. A Medical Marijuana Business in good standing or who had a pending application as of December 10, 2012 that has not yet been denied, and who has paid all applicable fees may apply for a Retail Marijuana Establishment license in accordance with the Retail Code and these rules on or after October 1, 2013. A Medical Marijuana Business meeting these conditions may apply to convert a Medical Marijuana Business license to a Retail Marijuana Establishment license or may apply for a single Retail Marijuana Establishment of the requisite class of license in the Medical Marijuana Code for each Medical Marijuana Business License not converted.

B.	Retail Marijuana Establishment Expiration Date

1.	A Medical Marijuana Business converting its license to a Retail Marijuana Establishment license shall not be required to pay a license fee at the time of application for conversion.
1.	
2.	If a Medical Marijuana Business licensee is scheduled to renew its license during the processing of its conversion to a Retail Marijuana Establishment license, the Medical Marijuana Business must complete all renewal applications and pay the requisite renewal licensing fees.

3.	A Retail Marijuana Establishment license that was fully converted from a Medical Marijuana Business license will assume the balance of licensing term previously held by the surrendered Medical Marijuana Business license.

C.	Retail Marijuana Establishment Licenses Conditioned

1.	It shall be unlawful for a Retail Marijuana Establishment to operate without being issued a Retail Marijuana Establishment license by the State Licensing Authority and receiving all relevant local jurisdiction approvals. Each Retail Marijuana Establishment license issued shall be conditioned on the Licensee’s receipt of all required local jurisdiction approvals and licensing, if required.

2.	Each Retail Marijuana Establishment license issued shall be conditioned on the Medical Marijuana Business’ declaration of the amount of Medical Marijuana or Medical Marijuana-Infused Product it intends to transfer from the requisite Medical Marijuana Business for sale as Retail Marijuana or Retail Marijuana Product. A Licensee that converts to a Retail Marijuana Establishment shall not exercise any of the rights or privileges of a Retail Marijuana Establishment until such time as all such Medical Marijuana and Medical Marijuana-Infused Product are fully transferred and declared in the MITS system as Retail Marijuana and Retail Marijuana Product. See also, Rule R 309 – Marijuana Inventory Tracking Solution (MITS).

D.	One-Time Transfer. Once a Retail Marijuana Establishment has declared Medical Marijuana and Medical Marijuana-Infused Product as Retail Marijuana or Retail Marijuana Product in MITS and begun exercising the rights and privileges of the license, no  additional Medical Marijuana  or Medical Marijuana-Infused Product can be transferred from the Medical Marijuana Business to the relevant Retail Marijuana Establishment at any time.

E.	PRODUCTION MANAGEMENT

1.	APPLICABILITY. THIS RULE SHALL APPLY TO ALL RETAIL MARIJUANA STORE OR RETAIL MARIJUANA PRODUCT MANUFACTURING FACILITY LICENSES GRANTED PRIOR TO JULY 1, 2014, BUT SHALL NOT APPLY TO THE RENEWAL OF THOSE LICENSES.

2.	ADDITIONAL APPLICATION DISCLOSURES.

a.	AT THE TIME OF APPLICATION FOR A RETAIL MARIJUANA STORE LICENSE, OR IF NOT SUPPLIED AT THE TIME OF APPLICATION UPON DEMAND BY THE DIVISION, AN APPLICANT MUST:

i.	DESIGNATE THE MEDICAL MARIJUANA CENTER LICENSE INTENDED TO BE USED TO  OBTAIN THE RETAIL MARIJUANA STORE LICENSE, WHETHER OR NOT THAT LICENSE  WILL BE CONVERTED, BY PROVIDING ITS BUSINESS LICENSE NUMBER; AND
i.	
ii.	PROVIDE DOCUMENTATION EVIDENCING THE NUMBER OF PATIENTS THAT HAVE DESIGNATED THAT MEDICAL MARIJUANA  CENTER  AS  HIS  OR  HER  PRIMARY CENTER.

b.	AT THE TIME OF APPLICATION FOR A RETAIL MARIJUANA  PRODUCTS MANUFACTURING FACILITY LICENSE, OR IF NOT SUPPLIED AT THE TIME OF APPLICATION UPON DEMAND BY THE DIVISION, AN APPLICANT MUST:

i.	DESIGNATE THE MEDICAL MARIJUANA INFUSED-PRODUCTS MANUFACTURING BUSINESS LICENSE INTENDED TO BE USED TO OBTAIN THE RETAIL MARIJUANA PRODUCTS MANUFACTURING LICENSE, WHETHER OR NOT THAT LICENSE WILL BE CONVERTED, BY PROVIDING ITS BUSINESS LICENSE NUMBER; AND

ii.	PROVIDE DOCUMENTATION EVIDENCING THE MAXIMUM NUMBER OF PLANTS THAT MAY     BE  GROWN   BY   THAT   MEDICAL   MARIJUANA   INFUSED-PRODUCTS MANUFACTURING BUSINESS AT ITS  OPTIONAL  PREMISES  CULTIVATION OPERATION(S).

3.	PRODUCTION MANAGEMENT.

a.	IN AGGREGATE, ALL OF THE RETAIL MARIJUANA CULTIVATION FACILITY LICENSES ASSOCIATED WITH A RETAIL MARIJUANA STORE MAY NOT CULTIVATE MORE THAN SIX PLANTS PER PATIENT LISTED IN THE DOCUMENTATION REQUIRED PURSUANT TO RULE R 211. FOR EXAMPLE, IF 100 PATIENTS HAD DESIGNATED A MEDICAL MARIJUANA CENTER AS HIS OR HER PRIMARY CENTER AT THE TIME  A RETAIL MARIJUANA STORE LICENSE APPLICATION WAS SUBMITTED, THEN NO MORE THAN 600 PLANTS BE CULTIVATED BY THAT RETAIL MARIJUANA STORE AT ITS DESIGNATED RETAIL MARIJUANA CULTIVATION FACILITY(-IES) AT ANY ONE TIME, REGARDLESS OF THE TOTAL NUMBER OF RETAIL MARIJUANA CULTIVATION LICENSES ASSOCIATED WITH THAT RETAIL MARIJUANA STORE.

b.	IN AGGREGATE, ALL OF THE RETAIL MARIJUANA CULTIVATION FACILITY LICENSES ASSOCIATED WITH A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY NOT CULTIVATE MORE THAN THE MAXIMUM NUMBER OF PLANTS LISTED IN THE DOCUMENTATION REQUIRED PURSUANT TO RULE R 211. FOR EXAMPLE, IF A MEDICAL MARIJUANA INFUSED- PRODUCTS   MANUFACTURING   BUSINESS   COULD   CULTIVATE   500   PLANTS   AT   ITS
DESIGNATED OPTIONAL PREMISES CULTIVATION OPERATION(S), THEN NO MORE THAN 500
PLANTS COULD BE CULTIVATED BY THAT RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY AT ITS DESIGNATED RETAIL MARIJUANA CULTIVATION FACILITY(-IES) AT ANY ONE TIME, REGARDLESS OF THE TOTAL NUMBER OF RETAIL MARIJUANA CULTIVATION LICENSES ASSOCIATED WITH THAT RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY.

BASIS AND PURPOSE – R 407

THE STATUTORY AUTHORITY FOR THIS RULE IS FOUND AT SUBSECTIONS 12-43.4-202(2)(B) AND 12-43.4-403(5), C.R.S. THE PURPOSE OF THIS RULE IS TO ESTABLISH THE PORTION OF THE DIVISION’S MANDATORY TESTING AND RANDOM SAMPLING PROGRAM THAT IS APPLICABLE TO RETAIL MARIJUANA STORES.

R 407 – RETAIL MARIJUANA STORES: MANDATORY TESTING AND RANDOM SAMPLING PROGRAM

A.	RANDOM SAMPLING.

1.	A RETAIL MARIJUANA STORE MAY BE REQUIRED BY THE DIVISION TO SUBMIT A RANDOM SAMPLE OF  RETAIL MARIJUANA OR RETAIL MARIJUANA  PRODUCT IT POSSES TO A RETAIL MARIJUANA TESTING FACILITY TO BE TESTED FOR POTENCY OR CONTAMINANTS AT ANY TIME AND WITHOUT NOTICE. SAMPLES COLLECTED PURSUANT TO THIS RULE MAY BE TESTED FOR CONTAMINANTS WHICH MAY INCLUDE, BUT MAY NOT BE LIMITED, PESTICIDES, MICROBIALS, MOLDS, FILTH, RESIDUAL SOLVENTS, HARMFUL CHEMICALS, AND POTENCY.

2.	THE COST FOR ALL TESTS CONDUCTED PURSUANT TO THIS RULE SHALL BE THE FINANCIAL RESPONSIBILITY OF THE RETAIL MARIJUANA STORE.

B.	FAILED CONTAMINANT TESTS.

1.	IF A RETAIL MARIJUANA STORE IS NOTIFIED BY THE DIVISION OR A RETAIL MARIJUANA TESTING FACILITY THAT A HARVEST BATCH FAILED CONTAMINANT TESTING, THEN THE RETAIL MARIJUANA STORE SHALL DESTROY ANY RETAIL MARIJUANA IT POSSESSES FROM THE HARVEST BATCH THAT FAILED CONTAMINANT TESTING.

2.	IF A RETAIL MARIJUANA STORE IS NOTIFIED BY THE DIVISION OR A RETAIL MARIJUANA TESTING FACILITY THAT A PRODUCTION BATCH FAILED CONTAMINANT TESTING, THEN THE RETAIL MARIJUANA STORE SHALL DESTROY ANY RETAIL MARIJUANA CONCENTRATE OR RETAIL MARIJUANA PRODUCT IT POSSESSES FROM THE HARVEST BATCH THAT FAILED CONTAMINANT TESTING.

3.	A VIOLATION OF THIS RULE MAY CONSTITUTE A VIOLATION AGAINST PUBLIC SAFETY.
1.	
Basis and Purpose – R 504

The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202(3)(a)(VIII),
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 establish minimum health and safety regulation for Retail Marijuana Cultivation
Facilities

R 504 – Retail Marijuana Cultivation Facility: Health and Safety Regulations

A.	Local Safety Inspections. A Retail Marijuana Cultivation Facility may be subject to inspection of its Licensed Premises by the local fire department, building inspector, or code enforcement officer to confirm that no health or safety concerns are present. The inspection could result in additional specific standards to meet local jurisdiction restrictions related to Retail Marijuana. An annual fire safety inspection may result in the required installation of fire suppression devices, or other means necessary for adequate fire safety.

B.	General Sanitary Requirements. A Retail Marijuana Cultivation Facility shall take all reasonable measures and precautions to ensure the following:

1.	That any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with Retail Marijuana shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected;

2.	That all persons working in direct contact with Retail Marijuana shall conform to hygienic practices while on duty, including but not limited to:

a.	Maintaining adequate personal cleanliness;

b.	Washing hands thoroughly in an adequate hand-washing area(s) before starting work and at any other time when the hands may have become soiled or contaminated;

c.	Hand-washing facilities shall be adequate and convenient and be furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the Licensed Premises and where good sanitary practices require employees to  wash and/or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices; and

d.	Refraining from having direct contact with Retail Marijuana if the person has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected.

3.	That litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where Retail Marijuana is exposed;
1.	
4.	That floors, walls, and ceilings are constructed in such a manner that they may be adequately cleaned and kept clean and kept in good repair;

5.	That there is adequate lighting in all areas where Retail Marijuana are stored or sold, and where equipment or utensils are cleaned;

6.	That the Licensee provides adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage, or breeding place for pests;

7.	That any buildings, fixtures, and other facilities are maintained in a sanitary condition;

8.	That toxic cleaning compounds, sanitizing agents, solvents used in the production of Retail Marijuana concentrates,  and pesticide chemicals shall be  identified,  held,  and stored in a manner that protects against contamination of Retail Marijuana, and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation, or ordinance;

9.	That all contact surfaces, including utensils and equipment used for the preparation of Retail Marijuana or Retail Marijuana Product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Environmental Protection Agency shall be used in a Retail Marijuana Products Manufacturing Facility and used in accordance with labeled instructions;

10.	That the water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the facility’s needs;

11.	That plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the plant and that shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines;

12.	That all operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of Retail Marijuana or Retail Marijuana Product shall be conducted in accordance with adequate sanitation principles;

13.	That each Retail Marijuana Cultivation Facility shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and

14.	That Retail Marijuana that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.
1.	
C.	Sanitary Requirements for Concentrate Production.  If  a  Retail  Marijuana  Cultivation  Facility produces Retail Marijuana concentrates, all areas in which those concentrates are produced shall be subject to all of sanitary requirements for a Retail Marijuana Manufacturing Facility. See Rule R 605 – Sanitary Requirements.

D.	Prohibited Chemicals. The following chemicals shall not be used in Retail Marijuana cultivation.
Possession of chemicals and/or containers from these chemicals upon the Licensed Premises shall be a violation of this rule. Prohibited chemicals are:

Chemical Name

CAS	Registry	Number	(or	EDF Substance ID)

ALDRIN 309-00-2
ARSENIC OXIDE (3) 1327-53-3
ASBESTOS (FRIABLE) 1332-21-4
AZODRIN 6923-22-4
1,4-BENZOQUINONE, 2,3,5,6-TETRACHLORO-

118-75-2

BINAPACRYL 485-31-4
2,3,4,5-BIS (2-BUTENYLENE) TETRAHYDROFURFURAL

126-15-8

BROMOXYNIL BUTYRATE EDF-186
CADMIUM COMPOUNDS

CAE750

CALCIUM ARSENATE [2ASH3O4.2CA] 7778-44-1
CAMPHECHLOR 8001-35-2 CAPTAFOL 2425-06-1 CARBOFURAN 1563-66-2

CARBON TETRACHLORIDE 56-23-5
CHLORDANE 57-74-9
CHLORDECONE (KEPONE)

143-50-0

CHLORDIMEFORM 6164-98-3 CHLOROBENZILATE 510-15-6
CHLOROMETHOXYPROPYLMERCURIC	ACETATE [CPMA] EDF-183

COPPER ARSENATE 10103-61-4
2,4-D, ISOOCTYL ESTER

25168-26-7

DAMINOZIDE 1596-84-5 DDD
72-54-8

DDT

50-29-3

DI(PHENYLMERCURY)DODECENYLSUCCINATE [PMDS] EDF- 187
1,2-DIBROMO-3-CHLOROPROPANE   (DBCP)

96-12-8

1,2-DIBROMOETHANE

106-93-4

1,2-DICHLOROETHANE

107-06-2

DIELDRIN 60-57-1
4,6-DINITRO-O-CRESOL

534-52-1

DINITROBUTYL PHENOL

88-85-7

ENDRIN 72-20-8 EPN 2104-64-5
ETHYLENE OXIDE 75-21-8 FLUOROACETAMIDE 640-19-7
GAMMA-LINDANE 58-89-9 HEPTACHLOR
76-44-8

HEXACHLOROBENZENE 118-74-1
1,2,3,4,5,6-HEXACHLOROCYCLOHEXANE (MIXTURE OF ISOMERS)

608-73-1

1,3-HEXANEDIOL, 2-ETHYL-

94-96-2

LEAD ARSENATE 7784-40-9 LEPTOPHOS 21609-90-5 MERCURY
7439-97-6

METHAMIDOPHOS 10265-92-6
METHYL PARATHION 298-00-0 MEVINPHOS
7786-34-7

MIREX 2385-85-5 NITROFEN 1836-75-5

OCTAMETHYLDIPHOSPHORAMIDE 152-16-9
PARATHION 56-38-2
PENTACHLOROPHENOL

87-86-5

PHENYLMERCURIC OLEATE [PMO] EDF-185
PHOSPHAMIDON 13171-21-6 PYRIMINIL
53558-25-1

SAFROLE 94-59-7
SODIUM ARSENATE 13464-38-5
SODIUM ARSENITE 7784-46-5
2,4,5-T

93-76-5

TERPENE POLYCHLORINATES (STROBANE6) 8001-50-1
THALLIUM(I) SULFATE 7446-18-6
2,4,5-TP ACID (SILVEX)

93-72-1

TRIBUTYLTIN COMPOUNDS EDF-184
2,4,5-TRICHLOROPHENOL

95-95-4

VINYL CHLORIDE 75-01-4

E.	The use of Dimethylsulfoxide (“DMSO”) in the production of Retail Marijuana shall be prohibited and possession of DMSO upon the Licensed Premises is prohibited.
A.	
F.	That all sanitary requirements shall also apply to any Occupational Licensee making a Retail Marijuana concentrate on the Licensed Premises.

G.	Retail Marijuana Cultivation  Facilities  may  only  produce  water  based  Retail  Marijuana concentrates on its Licensed Premises and only in an area so designated clearly on the current diagram of the Licensed Premises. See Rule R 901- Business Records Required. A Retail Marijuana Cultivation Facility is prohibited from engaging in any other method of extraction.
A.	
Basis and Purpose – R 505

The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-403(5), C.R.S. The purpose of this rule is to establish that Retail Marijuana Cultivation Facilities may provide Samples for testing and research purposes. THE PURPOSE OF THIS RULE IS TO ESTABLISH THE PORTION OF THE DIVISION’S MANDATORY TESTING AND RANDOM SAMPLING PROGRAM THAT IS APPLICABLE TO RETAIL MARIJUANA FLOWERS CULTIVATED OR POSSESSED BY A RETAIL MARIJUANA CULTIVATION FACILITY.

R 505 – Retail Marijuana Cultivation Facilities: Testing Requirements RETAIL MARIJUANA CULTIVATION FACILITY: MANDATORY TESTING AND RANDOM SAMPLING PROGRAM FOR RETAIL MARIJUANA FLOWERS

A.	Samples on Demand. A Retail Marijuana Cultivation Facility shall, upon request of the Division, submit a sufficient quantity of Retail Marijuana to a Retail Marijuana Testing Facility to enable laboratory or chemical analysis thereof. The Division will notify the Licensee of the results of the analysis.

B.	Samples Provided for Testing. A Retail Marijuana Cultivation Facility may provide Samples of its Retail Marijuana to a Retail Marijuana Testing Facility for testing and research purposes. The Retail Marijuana Cultivation Facility shall maintain the testing results as part of its business books and records. See Rule R 901 – Business Records Required.

A.	PESTICIDE DISCLOSURES.

1.	A RETAIL MARIJUANA CULTIVATION FACILITY MUST PROVIDE THE DIVISION WITH A COMPLETE LIST OF ALL PESTICIDES, HERBICIDES, FERTILIZERS OR OTHER CHEMICALS USED DURING ITS CULTIVATION PROCESS. THIS DISCLOSURE MUST OCCUR PRIOR TO THE USE OF ANY PREVIOUSLY UNDISCLOSED PESTICIDE BY THE RETAIL MARIJUANA CULTIVATION FACILITY.

2.	IF A RETAIL MARIJUANA CULTIVATION FACILITY USES THE SAME PROCESS FOR ALL STRAINS IT CULTIVATES, THEN IT MAY PROVIDE THE DIVISION WITH A SINGLE, UNIVERSAL LIST. IF A RETAIL MARIJUANA CULTIVATION FACILITY UTILIZES A DIFFERENT PROCESS FOR ANY OF THE STRAINS IT CULTIVATES, THEN IT MUST SUPPLY THE DIVISION WITH A LIST FOR EACH STRAIN.

3.	A VIOLATION OF THIS RULE MAY CONSTITUTE A VIOLATION AGAINST PUBLIC SAFETY.

B.	MANDATORY CONTAMINANT TESTING.

1.	A RETAIL MARIJUANA CULTIVATION FACILITY SHALL NOT WHOLESALE, TRANSFER, OR PROCESS INTO A RETAIL MARIJUANA CONCENTRATE ANY RETAIL MARIJUANA UNLESS THE HARVEST BATCH FROM WHICH THAT RETAIL MARIJUANA WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY AND PASSED ALL CONTAMINANT TESTS REQUIRED BY THIS RULE.

a.	PESTICIDE CONTAMINANT TESTING. EACH HARVEST BATCH OF RETAIL MARIJUANA PRODUCED BY A RETAIL MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR PESTICIDES, HERBICIDES, FERTILIZERS OR OTHER CHEMICAL CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE CONTAMINANT TESTING MUST INCLUDE, BUT  NEED  TO  BE  LIMITED  TO, TESTING  TO  DETERMINE  THE  PRESENCE  OF  AND
a.	
RESIDUAL  AMOUNTS  OF  EVERY  PESTICIDE,  HERBICIDE,  FERTILIZER  OR  OTHER CHEMICALS DISCLOSED TO THE DIVISION.

b.	MICROBIAL CONTAMINANT TESTING. EACH HARVEST BATCH OF RETAIL MARIJUANA PRODUCED BY A RETAIL MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR MICROBIAL CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE MICROBIAL CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE OF AND AMOUNTS PRESENT OF SALMONELLA SP., ECOLI SP. AND TOTAL COLIFORMS.

c.	MOLD CONTAMINANT TESTING. EACH HARVEST BATCH OF RETAIL MARIJUANA PRODUCED BY A RETAIL MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR MOLD CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE MOLD CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE PRESENCE AND THE LEVEL OF  ASPERGILLUS  SP.,  MUCOR  SP., PENICILLIUM SP., THERMOPHILIC ACTINOMYCETES SP.

d.	FILTH CONTAMINANT TESTING. EACH HARVEST BATCH OF RETAIL MARIJUANA PRODUCED BY A RETAIL MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR FILTH CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY.  THE FILTH CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, THE DETECTION, SEPARATION, QUANTIFICATION, IDENTIFICATION AND INTERPRETATION OF EXTRANEOUS MATERIALS (INCLUDING INSECTS, RODENT DROPPINGS AND OTHER CONTAMINANTS) IN RETAIL MARIJUANA FLOWERS AND TRIM.

2.	TEST BATCHES. A RETAIL MARIJUANA CULTIVATION FACILITY MAY COMPLY WITH THIS PROVISION BY COMBINING ANY NUMBER OF HARVEST BATCHES CULTIVATED WITHIN A 7 DAY PERIOD INTO A SINGLE TEST BATCH. A TEST BATCH MUST CONSIST OF AT LEAST ONE HALF OF A GRAM OF FLOWER AND ONE GRAM OF TRIM FROM EVERY HARVEST BATCH COMBINED INTO THAT TEST BATCH. IF A TEST BATCH FAILS A CONTAMINANT TEST THEN EACH HARVEST BATCH THAT WAS COMBINED INTO THAT TEST BATCH MUST BE SEPARATELY TESTED FOR CONTAMINANTS OR ALL HARVEST BATCHES COMBINED INTO THAT TEST BATCH MUST BE DESTROYED AND ITS DESTRUCTION CLEARLY DOCUMENTED.

C.	PROCESS CERTIFICATION.

1.	A RETAIL MARIJUANA CULTIVATION FACILITY’S CULTIVATION PROCESS SHALL BE DEEMED CERTIFIED BY THE DIVISION IF EVERY HARVEST BATCH THAT IT PRODUCED DURING A 12 WEEK PERIOD PASSED ALL CONTAMINANT TESTS REQUIRED BY RULE R505 (B).

2.	IF A RETAIL MARIJUANA CULTIVATION FACILITY’S CULTIVATION PROCESS HAS BEEN CERTIFIED BY THE DIVISION, THEN IT SHALL BE CONSIDERED EXEMPT FROM THE REQUIREMENTS OF RULE R505 (B). A RETAIL MARIJUANA CULTIVATION FACILITY THAT HAS HAD ITS CULTIVATION PROCESS CERTIFIED BY THE DIVISION SHALL BE REQUIRED TO SUBMIT TWO HARVEST BATCHES PER YEAR, AT SIX MONTH INTERVALS, FOR CONTAMINANT TESTING THAT MUST INCLUDE ALL TESTS REQUIRED BY RULE R 505 (B).

3.	NOTHING WITHIN THIS RULE SHALL EXEMPT A RETAIL MARIJUANA CULTIVATION FACILITY FROM THE DIVISION’S RANDOM SAMPLING PROGRAM SET FORTH IN RULE R 505 (E).
1.	
4.	A RETAIL MARIJUANA CULTIVATION FACILITY SHALL BE REQUIRED TO NOTIFY THE DIVISION WITHIN 30-DAYS WHEN ANY CHANGE TO THE PRODUCTION PROCESS OCCURS AND ITS PROCESS MUST BE RECERTIFIED ACCORDING TO THE PROCEDURES SET FORTH IN SUBPARAGRAPH (1).

D.	POTENCY TESTING. A RETAIL MARIJUANA CULTIVATION FACILITY SHALL HAVE POTENCY TESTS CONDUCTED BY A RETAIL MARIJUANA TESTING FACILITY ON THREE SEPARATE HARVEST BATCHES SEPARATED BY A MINIMUM OF 4 WEEKS FOR EACH STRAIN OF RETAIL MARIJUANA THAT IT PRODUCES. AFTER THE INITIAL THREE HARVEST BATCH TESTS, A RETAIL MARIJUANA CULTIVATION FACILITY SHALL HAVE EACH STRAIN OF RETAIL MARIJUANA THAT IT CULTIVATES TESTED FOR POTENCY AT LEAST ONCE PER YEAR.

E.	RANDOM SAMPLING.

1.	A RETAIL MARIJUANA CULTIVATION FACILITY MAY BE REQUIRED BY THE DIVISION TO SUBMIT A RANDOM SAMPLE OF RETAIL MARIJUANA IT POSSES TO A RETAIL MARIJUANA TESTING FACILITY TO BE TESTED FOR POTENCY OR CONTAMINANTS AT ANY TIME AND WITHOUT NOTICE. TESTING ON SAMPLES COLLECTED PURSUANT TO THIS RULE MAY INCLUDE, BUT MAY NOT BE LIMITED TO, PESTICIDES, HERBICIDES, FERTILIZERS OR OTHER CHEMICALS, MICROBIALS, MOLDS, FILTH, HARMFUL CHEMICALS, AND POTENCY.

2.	THE DIVISION, AT ITS OWN DISCRETION, MAY ELECT TO HAVE MED PERSONNEL OR A DIVISION AUTHORIZED SAMPLE COLLECTION ENTITY COLLECT THE RANDOM SAMPLES FOR TESTING AT A RETAIL MARIJUANA TESTING FACILITY.

3.	THE COST FOR ALL TESTS CONDUCTED PURSUANT TO THIS RULE SHALL BE THE FINANCIAL RESPONSIBILITY OF THE RETAIL MARIJUANA CULTIVATION FACILITY.

F.	FAILED CONTAMINANT TESTS. IF A RETAIL MARIJUANA CULTIVATION  FACILITY  IS  NOTIFIED BY  THE DIVISION OR A RETAIL MARIJUANA TESTING FACILITY THAT A HARVEST BATCH FAILED CONTAMINANT TESTING, THEN THE RETAIL MARIJUANA CULTIVATION FACILITY MAY NOT PROCESS, TRANSFER, OR WHOLESALE ANY PART OF THE RETAIL MARIJUANA IT POSSESSES FROM THE HARVEST BATCH THAT FAILED CONTAMINANT TESTING AND MUST EITHER;

1.	DESTROY  AND  DOCUMENT  THE  DESTRUCTION  OF  THE  ENTIRE  PORTION  OF  THE  HARVEST BATCH THAT IT POSSESSES; OR

2.	DECONTAMINATE THE PORTION OF THE HARVEST BATCH IT POSSESSES PRIOR TO HAVING TWO INDEPENDENT SAMPLES RE-COLLECTED AND RE-TESTED FOR THE IDENTIFIED CONTAMINANT. IF BOTH SAMPLES PASS THE CONTAMINANT RE-TEST(S), THEN ANY RETAIL MARIJUANA FROM THAT HARVEST BATCH MAY BE PROCESSED, WHOLESALED, OR TRANSFERRED. IF ONE OR BOTH OF THE SAMPLES DO NOT PASS THE CONTAMINANT RE-TEST(S), THEN THE RETAIL MARIJUANA CULTIVATION FACILITY MUST DESTROY AND DOCUMENT THE DESTRUCTION OF THE ENTIRE PORTION OF THE HARVEST BATCH THAT IT POSSESSES.

3.	A VIOLATION OF THIS RULE MAY CONSTITUTE A VIOLATION AGAINST PUBLIC SAFETY.
1.	
BASIS AND PURPOSE – R 506

THE STATUTORY AUTHORITY FOR THIS RULE IS FOUND AT SUBSECTIONS 12-43.4-202(2)(B) AND 12-43.4-403(5), C.R.S. THE PURPOSE OF THIS RULE IS TO ESTABLISH THE PORTION OF THE DIVISION’S MANDATORY TESTING AND RANDOM SAMPLING PROGRAM THAT IS APPLICABLE TO WATER-BASED RETAIL MARIJUANA CONCENTRATES PRODUCED OR POSSESSED BY A RETAIL MARIJUANA CULTIVATION FACILITY.

R 506 – RETAIL MARIJUANA CULTIVATION FACILITY: MANDATORY TESTING AND RANDOM SAMPLING PROGRAM FOR WATER-BASED RETAIL MARIJUANA CONCENTRATES

A.	A RETAIL MARIJUANA CULTIVATION FACILITY MAY ONLY PRODUCE WATER-BASED RETAIL MARIJUANA CONCENTRATES. SEE RULE R 507 - RETAIL MARIJUANA CULTIVATION FACILITIES: RETAIL MARIJUANA CONCENTRATE PRODUCTION.

B.	MANDATORY CONTAMINANT TESTING.

1.	A RETAIL MARIJUANA CULTIVATION FACILITY SHALL NOT WHOLESALE OR TRANSFER A RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM WHICH THAT RETAIL MARIJUANA CONCENTRATE WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY AND PASSED ALL CONTAMINANT TESTS REQUIRED BY THIS RULE.

a.	MICROBIAL CONTAMINANT TESTING. EACH PRODUCTION BATCH OF RETAIL MARIJUANA CONCENTRATE PRODUCED BY A RETAIL MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR MICROBIAL CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE MICROBIAL CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE OF AND AMOUNTS PRESENT OF SALMONELLA SP., ECOLI SP. AND TOTAL COLIFORMS.

b.	MOLD   CONTAMINANT   TESTING.	EACH PRODUCTION BATCH OF RETAIL MARIJUANA CONCENTRATE PRODUCED BY A RETAIL MARIJUANA CULTIVATION FACILITY IN THE MANDATORY TESTING PROGRAM MUST BE TESTED FOR MOLD CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE MOLD CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE AND LEVEL OF ASPERGILLUS SP., MUCOR SP., PENICILLIUM SP., THERMOPHILIC ACTINOMYCETES SP.

2.	TEST BATCHES. A RETAIL MARIJUANA CULTIVATION FACILITY MAY COMPLY WITH THIS PROVISION BY COMBINING ANY NUMBER OF PRODUCTION BATCHES PRODUCED WITHIN A 7 DAY PERIOD INTO A SINGLE TEST BATCH. A TEST BATCH MUST CONSIST OF AT LEAST ONE HALF OF A GRAM OF EVERY PRODUCTION BATCH COMBINED INTO THAT TEST BATCH. IF A TEST BATCH FAILS A CONTAMINANT TEST THEN EACH PRODUCTION BATCH THAT WAS COMBINED INTO THAT TEST BATCH MUST BE SEPARATELY TESTED FOR CONTAMINANTS OR ALL PRODUCTION BATCHES COMBINED INTO THAT TEST BATCH MUST  BE DESTROYED AND ITS DESTRUCTION CLEARLY DOCUMENTED.
1.	
C.	PROCESS CERTIFICATION.

1.	A RETAIL MARIJUANA CULTIVATION FACILITY’S WATER-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS SHALL BE DEEMED CERTIFIED BY THE DIVISION IF EVERY PRODUCTION BATCH OF WATER-BASED RETAIL MARIJUANA CONCENTRATE THAT IT PRODUCED DURING A 4 WEEK PERIOD PASSED ALL CONTAMINANT TESTS REQUIRED BY RULE R506 (B).

2.	IF A RETAIL MARIJUANA CULTIVATION FACILITY’S WATER-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS HAS BEEN CERTIFIED BY THE DIVISION, THEN IT SHALL BE CONSIDERED EXEMPT FROM THE REQUIREMENTS OF RULE R506 (B). A RETAIL MARIJUANA CULTIVATION FACILITY THAT HAS HAD ITS WATER-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS CERTIFIED BY THE DIVISION SHALL BE REQUIRED TO SUBMIT FOUR PRODUCTION BATCHES OF WATER-BASED RETAIL MARIJUANA CONCENTRATE PER YEAR, AT THREE MONTH INTERVALS, FOR CONTAMINANT TESTING THAT MUST INCLUDE ALL TESTS REQUIRED BY RULE R 506 (B).

3.	NOTHING WITHIN THIS RULE SHALL EXEMPT A RETAIL MARIJUANA CULTIVATION FACILITY FROM THE DIVISION’S RANDOM SAMPLING PROGRAM SET FORTH IN RULE R 506 (E).

4.	A RETAIL MARIJUANA CULTIVATION FACILITY SHALL BE REQUIRED TO NOTIFY THE DIVISION WITHIN 30-DAYS WHEN ANY CHANGE TO ITS WATER-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS OCCURS AND ITS PROCESS MUST BE RECERTIFIED ACCORDING TO THE PROCEDURES SET FORTH IN SUBPARAGRAPH (1).

D.	POTENCY TESTING. A RETAIL MARIJUANA CULTIVATION FACILITY SHALL NOT WHOLESALE OR TRANSFER A  RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM  WHICH  THAT  RETAIL MARIJUANA CONCENTRATE WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY FOR POTENCY.

E.	RANDOM SAMPLING.

1.	A RETAIL MARIJUANA CULTIVATION FACILITY MAY BE REQUIRED BY THE DIVISION TO SUBMIT A RANDOM SAMPLE OF RETAIL MARIJUANA IT POSSES TO A RETAIL MARIJUANA TESTING FACILITY TO BE TESTED FOR POTENCY OR CONTAMINANTS AT ANY TIME AND WITHOUT NOTICE. TESTING ON SAMPLES COLLECTED PURSUANT TO THIS RULE MAY INCLUDE, BUT MAY NOT BE LIMITED TO, PESTICIDES, HERBICIDES, FERTILIZERS OR OTHER CHEMICALS, MICROBIALS, MOLDS, FILTH, HARMFUL CHEMICALS, AND POTENCY.

2.	THE DIVISION, AT ITS OWN DISCRETION, MAY ELECT TO HAVE MED PERSONNEL OR A DIVISION AUTHORIZED SAMPLE COLLECTION ENTITY COLLECT THE RANDOM SAMPLES FOR TESTING AT A RETAIL MARIJUANA TESTING FACILITY.

3.	THE COST FOR ALL TESTS CONDUCTED PURSUANT TO THIS RULE SHALL BE THE FINANCIAL RESPONSIBILITY OF THE RETAIL MARIJUANA CULTIVATION FACILITY.

G.	FAILED CONTAMINANT TESTS. IF A RETAIL MARIJUANA CULTIVATION FACILITY IS NOTIFIED BY THE DIVISION OR A RETAIL MARIJUANA TESTING FACILITY THAT A PRODUCTION BATCH FAILED CONTAMINANT TESTING, THEN THE RETAIL MARIJUANA CULTIVATION FACILITY MAY NOT WHOLESALE OR TRANSFER ANY
G.	
OF THE RETAIL MARIJUANA CONCENTRATE IT POSSESSES FROM THAT PRODUCTION BATCH THAT FAILED CONTAMINANT TESTING AND MUST EITHER;

1.	DESTROY AND DOCUMENT THE DESTRUCTION OF THE ENTIRE PORTION OF THE PRODUCTION BATCH THAT IT POSSESSES; OR

2.	DECONTAMINATE THE PORTION OF THE PRODUCTION BATCH IT POSSESSES PRIOR TO HAVING TWO INDEPENDENT SAMPLES RE-COLLECTED AND RE-TESTED FOR THE IDENTIFIED CONTAMINANT. IF BOTH SAMPLES PASS THE CONTAMINANT RE-TEST(S), THEN ANY RETAIL MARIJUANA CONCENTRATE FROM THAT PRODUCTION BATCH MAY BE WHOLESALED OR TRANSFERRED. IF ONE OR BOTH OF  THE SAMPLES DO NOT PASS THE CONTAMINANT RE- TEST(S), THEN THE RETAIL MARIJUANA CULTIVATION FACILITY MUST DESTROY AND DOCUMENT THE DESTRUCTION OF THE ENTIRE PORTION OF THE PRODUCTION BATCH THAT IT POSSESSES.

3.	A VIOLATION OF THIS RULE MAY CONSTITUTE A VIOLATION AGAINST PUBLIC SAFETY.
1.	
BASIS AND PURPOSE – R 507

THE STATUTORY AUTHORITY FOR THIS RULE IS FOUND AT SUBSECTIONS 12-43.4-202(2)(B), C.R.S. THE PURPOSE OF THIS RULE IS TO ESTABLISH THE TYPES OF RETAIL MARIJUANA CONCENTRATES THAT MAY BE PRODUCED AT A RETAIL MARIJUANA CULTIVATION FACILITY AND STANDARDS FOR THE PRODUCTION OF THOSE CONCENTRATES.

R 507 – RETAIL MARIJUANA CULTIVATION FACILITIES: RETAIL MARIJUANA CONCENTRATE PRODUCTION

C.	PERMISSIBLE TYPES OF CONCENTRATE PRODUCTION. A RETAIL MARIJUANA CULTIVATION FACILITY MAY ONLY PRODUCE WATER-BASED RETAIL MARIJUANA CONCENTRATES ON ITS LICENSED PREMISES AND ONLY IN AN AREA CLEARLY DESIGNATED FOR CONCENTRATE PRODUCTION ON THE CURRENT DIAGRAM OF THE LICENSED PREMISES. SEE RULE R 901- BUSINESS RECORDS REQUIRED. NO OTHER METHOD OF PRODUCTION OR EXTRACTION FOR RETAIL MARIJUANA CONCENTRATES MAY BE CONDUCTED WITHIN THE
LICENSED PREMISE OF A RETAIL MARIJUANA CULTIVATION FACILITY.

D.	SAFETY AND SANITARY REQUIREMENTS FOR CONCENTRATE PRODUCTION. IF A RETAIL MARIJUANA CULTIVATION FACILITY PRODUCES WATER-BASED RETAIL MARIJUANA CONCENTRATES, ALL AREAS IN WHICH THOSE CONCENTRATES ARE PRODUCED AND ALL OWNERS AND  OCCUPATIONAL  LICENSEES ENGAGED IN THE PRODUCTION OF THOSE CONCENTRATES SHALL BE SUBJECT TO ALL OF REQUIREMENTS IMPOSED UPON A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT PRODUCES WATER-
BASED RETAIL MARIJUANA CONCENTRATES. SEE RULE R 605 – SANITARY REQUIREMENTS AND RULE
R 606 – CONCENTRATE PRODUCTION.

Basis and Purpose – R 604

The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202(3)(a)(VIII),
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 establish minimum health and safety regulation for Retail Marijuana Products
Manufacturing  Facilities.	IT  REQUIRES  ALL  OWNERS  AND  OCCUPATIONAL  LICENSEES  TO  ATTEND  A  FOOD
HANDLER TRAINING COURSE PRIOR TO MANUFACTURING ANY EDIBLE MARIJUANA PRODUCT.  It sets forth general
standards and basic sanitary requirements for Retail Marijuana Products Manufacturing Facilities. It covers the physical premises where the products are made as well as the individuals handling the products. The State Licensing Authority intends for this rule to reduce any product contamination, which will benefit both
the Licensees and consumers. The State Licensing Authority modeled this rule after those adopted by the Colorado Department of Public Health and Environment. Overall, the State Licensing Authority intends this rule to help maintain the integrity of Colorado’s Retail Marijuana businesses and the safety of the public.

R 604 – Health and Safety Regulations: Retail Marijuana Products Manufacturing Facility

A.	TRAINING. ALL OWNERS AND OCCUPATIONAL LICENSEES MUST ATTEND A SERVESAFE FOOD HANDLER COURSE CONDUCTED BY THE NATIONAL RESTAURANT ASSOCIATION AND SUCCESSFULLY COMPLETE AN ONLINE ASSESSMENT OR PRINT EXAM WITH A SCORE SUFFICIENT TO RECEIVE THE SERVESAFE FOOD HANDLER CERTIFICATE PRIOR TO ENGAGING IN THE MANUFACTURE OF ANY EDIBLE RETAIL MARIJUANA PRODUCT.

B.	General Standards

1.	A Retail Marijuana Products Manufacturing Facility may be subject to inspection by the local fire department, building inspector, or code enforcement officer to confirm that no health or safety concerns are present. The inspection could result in additional specific standards to meet local jurisdiction restrictions related to Retail Marijuana. An annual fire safety inspection may result in the required installation of fire suppression devices, or other means necessary for adequate fire safety.

2.	A Retail Marijuana Products Manufacturing Facility that manufacturers edible Retail Marijuana Product shall comply with all kitchen-related health and safety standards of the relevant local jurisdiction and, to the extent applicable, with all Colorado Department of Public Health and Environment health and safety regulations applicable to retail food establishments, as set forth in 6 CCR 1010-2.

C.	General Sanitary Requirements. The Licensee shall take all reasonable measures and precautions to ensure the following:

1.	That any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with preparation surfaces for Retail Marijuana or Retail Marijuana Product shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected;

2.	That hand-washing facilities shall be adequate and convenient and be furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the facility and/or in Retail Marijuana Product preparation areas and where good sanitary
1.	
practices require employees to wash and/or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices;

3.	That all persons working in direct contact with preparation of Retail Marijuana or Retail Marijuana Product shall conform to hygienic practices while on duty, including but not limited to:

a.	Maintaining adequate personal cleanliness;

b.	Washing hands thoroughly in an adequate hand-washing area(s) before starting work and at any other time when the hands may have become soiled or contaminated; and

c.	Refraining from having direct contact with preparation of Retail Marijuana or Retail Marijuana Product if the person has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected.

4.	That there is sufficient space for placement of equipment and storage of materials as is necessary for the maintenance of sanitary operations for production of Retail Marijuana or Retail Marijuana Product;

5.	That litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where Retail Marijuana or Retail Marijuana Product are exposed;

6.	That floors, walls, and ceilings are constructed in such a manner that they may be adequately cleaned and kept clean and kept in good repair;

7.	That there is adequate safety-type lighting in all areas where Retail Marijuana or Retail Marijuana Product are processed or stored and where equipment or utensils are cleaned;

8.	That the facility provides adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage, or breeding place for pests;

9.	That any buildings, fixtures, and other facilities are maintained in a sanitary condition;

10.	That all contact surfaces, including utensils and equipment used for the preparation of Retail Marijuana or Retail Marijuana Product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Environmental Protection Agency shall be used in Retail Marijuana Products Manufacturing Facilities and used in accordance with labeled instructions;
1.	
11.	That toxic cleaning compounds, sanitizing agents, solvents used in the production of Retail Marijuana concentrates,  and pesticide chemicals shall be identified,  held,  and stored in a manner that protects against contamination of Retail Marijuana or Retail Marijuana Product, and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation or ordinance;

12.	That the water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the facility’s needs;

13.	That plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the plant and that shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines;

14.	That each Retail Marijuana Products Manufacturing Facility shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair;

15.	That all operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of Retail Marijuana or Retail Marijuana Product shall be conducted in accordance with adequate sanitation principles;

16.	That Retail Marijuana or Retail Marijuana Product that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms; and

17.	That storage and transport of finished Retail Marijuana Product shall be under conditions that will protect products against physical, chemical, and microbial contamination as well as against deterioration of any container.
1.	
BASIS AND PURPOSE – R 605

THE STATUTORY AUTHORITY FOR THIS RULE IS FOUND AT SUBSECTIONS 12-43.4-202(2)(B). THE PURPOSE OF THIS RULE IS TO ESTABLISH THE TYPES OF RETAIL MARIJUANA CONCENTRATES THAT MAY BE PRODUCED AT A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY AND ESTABLISH STANDARDS FOR THE PRODUCTION OF THOSE CONCENTRATES.

R  605  –RETAIL  MARIJUANA  PRODUCTS  MANUFACTURING   FACILITY:  RETAIL  MARIJUANA  CONCENTRATE PRODUCTION

D.	PERMISSIBLE TYPES OF CONCENTRATE PRODUCTION.

3.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY PRODUCE WATER-BASED RETAIL MARIJUANA CONCENTRATES, FAT-BASED RETAIL MARIJUANA CONCENTRATES AND SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY ALSO PRODUCE CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATES, PROVIDED THE  VOC SOLVENTS USED IN THE PROCESS ONLY INCLUDE: N-BUTANE, ISO-BUTANE, PROPANE, HEPTANE, OR CO2. THE USE OF ANY OTHER SOLVENT IS EXPRESSLY PROHIBITED UNLESS AND UNTIL IT IS APPROVED BY THE DIVISION.

4.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY APPLY TO THE DIVISION FOR APPROVAL OF ADDITIONAL TYPES OF SOLVENTS OR PRODUCTION METHODS.

E.	GENERAL APPLICABILITY. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT ENGAGES IN THE PRODUCTION OF RETAIL MARIJUANA CONCENTRATES, REGARDLESS OF THE METHOD OF EXTRACTION OR TYPE OF CONCENTRATE BEING PRODUCED, MUST:

18.	ENSURE THAT THE SPACE IN WHICH ANY RETAIL MARIJUANA CONCENTRATE IS TO  BE PRODUCED IS A FULLY ENCLOSED ROOM AND CLEARLY DESIGNATED ON THE CURRENT DIAGRAM OF THE LICENSED PREMISES. SEE RULE M 901- BUSINESS RECORDS REQUIRED.

19.	ESTABLISH A STANDARD OPERATING PROCEDURE FOR EACH METHOD USED TO PRODUCE A RETAIL MARIJUANA CONCENTRATE ON ITS LICENSED PREMISE.

20.	ESTABLISH  WRITTEN  AND  DOCUMENTABLE  QUALITY  CONTROL  PROCEDURES  DESIGNED  TO MINIMIZE ANY POTENTIAL RISKS TO EMPLOYEES OR CONTAMINATION OF PRODUCTS.

21.	HAVE A COMPREHENSIVE TRAINING MANUAL THAT PROVIDES STEP-BY-STEP INSTRUCTIONS FOR EACH METHOD USED TO PRODUCE A RETAIL MARIJUANA CONCENTRATE  ON  ITS  LICENSED PREMISE. THE TRAINING MANUAL MUST INCLUDE, BUT NEED NOT BE LIMITED TO, ALL STANDARD OPERATING PROCEDURES, QUALITY CONTROL PROCEDURES AND SAFETY PROCEDURES FOR EACH METHOD OF PRODUCTION, INSTRUCTIONS ON THE APPROPRIATE USE AND MAINTENANCE OF  ALL EQUIPMENT INVOLVED IN EACH PROCESS, AND ANY CLEANING REQUIRED TO COMPLY WITH ALL APPLICABLE SANITARY RULES.

22.	PROVIDE ADEQUATE TRAINING TO EVERY OWNER OR OCCUPATIONAL LICENSEE PRIOR THAT TO INDIVIDUAL ENGAGING THE PRODUCTION OF A RETAIL MARIJUANA CONCENTRATE. ADEQUATE TRAINING  MUST  INCLUDE,  BUT  NEED  NOT  BE  LIMITED  TO,  PROVIDING  THE  OWNER  OR
18.	
OCCUPATIONAL LICENSEE WITH THE  TRAINING  MANUAL FOR THAT LICENSED PREMISE AND LIVE, IN-PERSON INSTRUCTION DETAILING SAFETY PROCEDURES FOR EACH METHOD OF PRODUCTION, INSTRUCTIONS ON THE APPROPRIATE USE AND MAINTENANCE OF ALL EQUIPMENT INVOLVED IN THE PROCESS, AND ANY CLEANING REQUIRED TO MAINTAIN COMPLIANCE WITH ALL APPLICABLE SANITARY RULES.

23.	MAINTAIN CLEAR AND COMPREHENSIVE RECORDS THAT DOCUMENT EVERY PHASE OF EACH PRODUCTION RUN OF RETAIL MARIJUANA CONCENTRATE, WHICH MUST INCLUDE THE NAME AND LICENSE NUMBER OF EVERY OWNER OR OCCUPATIONAL LICENSEE THAT WORKED ON THE PRODUCTION OF THAT RETAIL MARIJUANA CONCENTRATE.

F.	WATER-BASED RETAIL MARIJUANA CONCENTRATES, FAT-BASED RETAIL MARIJUANA CONCENTRATES AND   SOLVENT-BASED   RETAIL   MARIJUANA   CONCENTRATES.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT ENGAGES IN THE PRODUCTION OF A WATER-BASED RETAIL MARIJUANA CONCENTRATE, A FAT-BASED RETAIL MARIJUANA CONCENTRATE, OR A SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE MUST:

1.	ESTABLISH A STANDARD OPERATING PROCEDURE FOR EACH TYPE OF WATER-BASED RETAIL MARIJUANA CONCENTRATE, A FAT-BASED RETAIL MARIJUANA CONCENTRATE, OR A SOLVENT- BASED RETAIL MARIJUANA CONCENTRATE TO BE PRODUCED AT THAT LICENSED PREMISE THAT IS DESIGNED TO MINIMIZE THE POTENTIAL FOR THE DEVELOPMENT OF MICROBIALS AND MOLD AND PRESENCE OF RESIDUAL SOLVENTS (WHEN NECESSARY).

2.	REQUIRE EACH OWNER OR OCCUPATIONAL LICENSEE TO THOROUGHLY WASH HIS OR HER HANDS PRIOR TO ENGAGING IN ANY ACTIVITY RELATED TO THE PRODUCTION OF A WATER- BASED RETAIL MARIJUANA CONCENTRATE, A FAT-BASED RETAIL MARIJUANA CONCENTRATE, OR A SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE.

3.	ENSURE THAT ALL EQUIPMENT USED IN THE PRODUCTION OF A WATER-BASED RETAIL MARIJUANA CONCENTRATE, A FAT-BASED RETAIL MARIJUANA CONCENTRATE, OR A SOLVENT- BASED RETAIL MARIJUANA CONCENTRATE IS FOOD-GRADE, INCLUDING ENSURING THAT ALL COUNTERS AND SURFACE AREAS WERE CONSTRUCTED IN SUCH A MANNER THAT IT REDUCES
THE  POTENTIAL  FOR  THE  DEVELOPMENT  OF  MICROBIALS  AND  MOLD  AND  CAN  BE  EASILY CLEANED.

4.	ENSURE THAT ALL EQUIPMENT, COUNTERS, AND SURFACES USED IN THE PRODUCTION OF A WATER-BASED RETAIL MARIJUANA CONCENTRATE, A FAT-BASED RETAIL MARIJUANA CONCENTRATE, OR A SOLVENT-BASED RETAIL MARIJUANA  CONCENTRATE IS THOROUGHLY CLEANED AFTER THE COMPLETION OF EACH PRODUCTION BATCH.

G.	CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATES. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT ENGAGES IN THE PRODUCTION OF CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATES MUST:

1.	ENSURE THAT THE FACILITY AND ALL EQUIPMENT USED IN PRODUCTION OF THE CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE MEETS THE FOLLOWING REQUIREMENTS:

a.	A   PROFESSIONAL   GRADE,   CLOSED-LOOP   EXTRACTION   SYSTEM   CAPABLE   OF RECOVERING THE SOLVENT USED;
a.	
b.	IF A PRESSURIZED EXTRACTION SYSTEM IS UTILIZED, THEN EVERY VESSEL IN THE SYSTEM MUST BE RATED TO A MINIMUM OF NINE HUNDRED POUNDS PER SQUARE INCH;

c.	A SUFFICIENT FUME HOOD  AND  EXHAUST  SYSTEM  IS  INSTALLED  IN  THE  ROOM  IN WHICH A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE SHALL BE PRODUCED AND THAT THE SYSTEM IS FULLY FUNCTIONING PRIOR TO THE PRODUCTION A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE;

d.	ALL FLAMMABLE MATERIAL USED IN THE PRODUCTION OF A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE ARE STORED IN A STORAGE-TANK DESIGNED TO HOLD FLAMMABLE MATERIAL AND IS OUTSIDE OF THE ROOM IN WHICH THE CONCENTRATES ARE TO BE PRODUCED;

e.	A SUFFICIENT FIRE-SUPPRESSION SYSTEM IS INSTALLED IN THE ROOM IN WHICH A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE SHALL BE PRODUCED AND THAT THE SYSTEM IS FULLY FUNCTIONING PRIOR TO THE PRODUCTION A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE;

f.	ALL EQUIPMENT USED IN THE PRODUCTION OF A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE IS FOOD-GRADE AND ALL COUNTERS AND SURFACE AREAS ARE  CONSTRUCTED IN SUCH A MANNER THAT IT REDUCES THE POTENTIAL FOR THE DEVELOPMENT OF MICROBIALS AND MOLD AND CAN BE EASILY CLEANED;

g.	A HYDRO-CARBON GAS MONITORING SYSTEM, A CO2 GAS MONITORING SYSTEM OR BOTH, DEPENDING ON THE TYPE OF RETAIL MARIJUANA CONCENTRATE TO BE PRODUCED, WITH EMERGENCY SHUTDOWN RELAYS IS INSTALLED IN THE ROOM IN WHICH A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE SHALL BE
PRODUCED AND THAT THE SYSTEM IS FULLY FUNCTIONING PRIOR TO THE PRODUCTION A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE;

h.	THE ROOM IN WHICH A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE SHALL BE PRODUCED IS A SPARK-FREE ENVIRONMENT, WHICH SHALL INCLUDE THE USE OF NEC CLASS 1 DIVISION 2 OUTLETS, LIGHTS AND JUNCTION BOXES, THE GROUNDING OF ALL OUTLETS AND THE PLACEMENT OF GROUNDING MATS ALONG THE FLOOR AND ON WORK SURFACES. THIS REQUIREMENT SHALL NOT APPLY TO A RETAIL MARIJUANA PRODUCTS MANUFACTURING  FACILITY THAT ONLY USES CO2 TO PRODUCE CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE
AND

i.	THE ROOM IN WHICH A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE SHALL BE PRODUCED CONTAINS AN EMERGENCY SHOWER. THIS REQUIREMENT SHALL NOT APPLY TO A RETAIL  MARIJUANA  PRODUCTS MANUFACTURING FACILITY THAT ONLY USES CO2 TO PRODUCE CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE.

2.	ENSURE THAT ALL FLUIDS USED IN THE EXTRACTION PROCESS ARE FOOD-GRADE AND 99% PURE BY OBTAINING A MATERIAL SAFETY DATA SHEET FROM THE FLUIDS MANUFACTURER OR DISTRIBUTOR.  A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST MAINTAIN A
1.	
COPY OF THE MATERIAL SAFETY DATA SHEET AND A RECEIPT OF PURCHASE FOR ALL FLUIDS USED OR TO BE USED IN AN EXTRACTION PROCESS.

3.	ESTABLISH A STANDARD OPERATING PROCEDURE FOR EACH TYPE OF CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE TO BE PRODUCED AT THAT LICENSED PREMISE THAT IS DESIGNED TO MAXIMIZE EMPLOYEE SAFETY AND MINIMIZE POTENTIAL CONTAMINATION OF PRODUCTS WITH RESIDUAL SOLVENTS OR MICROBIALS AND MOLD.

4.	REQUIRE EACH OWNER OR OCCUPATIONAL LICENSEE TO THOROUGHLY WASH HIS OR HER HANDS PRIOR TO ENGAGING IN ANY ACTIVITY RELATED TO THE PRODUCTION OF A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE.

5.	OBTAIN A REPORT FROM AN INDUSTRIAL HYGIENIST CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE AND PROFESSIONAL ENGINEER THAT VERIFIES THAT THE FACILITY AND STANDARD OPERATING PROCEDURES COMPLY WITH ALL APPLICABLE LOCAL AND STATE LAWS AND ADEQUATELY PROTECT THE FACILITY AND PERSONS WITHIN THE FACILITY AND ADJACENT PROPERTIES FROM HARM.
1.	
BASIS AND PURPOSE – R 606

THE STATUTORY AUTHORITY FOR THIS RULE IS FOUND AT SUBSECTIONS 12-43.4-202(2)(B) AND 12-43.4-403(5), C.R.S. THE PURPOSE OF THIS RULE IS TO ESTABLISH THE PORTION OF THE DIVISION’S MANDATORY TESTING AND RANDOM SAMPLING PROGRAM THAT IS APPLICABLE TO RETAIL MARIJUANA CONCENTRATES PRODUCED OR POSSESSED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY.

R 606 – RETAIL  MARIJUANA  PRODUCTS  MANUFACTURING  FACILITY: MANDATORY  TESTING  AND  RANDOM SAMPLING PROGRAM FOR RETAIL MARIJUANA CONCENTRATES

A.	MANDATORY TESTING FOR WATER-BASED RETAIL MARIJUANA CONCENTRATES.

1.	MANDATORY CONTAMINANT TESTING.

a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL NOT WHOLESALE, TRANSFER OR INFUSE INTO A RETAIL MARIJUANA PRODUCT A WATER-BASED RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM WHICH THAT WATER-BASED RETAIL MARIJUANA CONCENTRATE DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY AND PASSED  ALL CONTAMINANT TESTS REQUIRED BY THIS RULE.

i.	MICROBIAL CONTAMINANT  TESTING.  EACH PRODUCTION BATCH OF RETAIL  MARIJUANA  CONCENTRATE  PRODUCED   BY   A   RETAIL MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR MICROBIAL CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY.  THE MICROBIAL CONTAMINATION TEST  MUST  INCLUDE, BUT  NEED  TO  BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE OF AND AMOUNTS PRESENT OF SALMONELLA SP., ECOLI SP. AND TOTAL COLIFORMS.

ii.	MOLD CONTAMINANT TESTING. EACH PRODUCTION BATCH OF WATER- BASED RETAIL MARIJUANA CONCENTRATE PRODUCED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING  FACILITY MUST  BE TESTED FOR MOLD CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE  MOLD  CONTAMINATION  TEST  MUST  INCLUDE, BUT  NEED  TO  BE LIMITED  TO, TESTING TO DETERMINE THE PRESENCE  AND  LEVEL  OF ASPERGILLUS   SP.,  MUCOR   SP.,  PENICILLIUM   SP.,  THERMOPHILIC ACTINOMYCETES SP.

b.	TEST BATCHES. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY COMPLY WITH  THIS PROVISION BY COMBINING ANY NUMBER OF PRODUCTION BATCHES OF WATER-BASED RETAIL MARIJUANA CONCENTRATE PRODUCED WITHIN A 7 DAY PERIOD INTO A SINGLE TEST BATCH. A TEST BATCH MUST CONSIST OF AT LEAST ONE HALF OF A GRAM OF EVERY PRODUCTION BATCH COMBINED INTO THAT TEST BATCH. IF A TEST BATCH FAILS A CONTAMINANT TEST THEN EACH PRODUCTION BATCH THAT WAS COMBINED INTO THAT TEST BATCH MUST BE SEPARATELY TESTED FOR CONTAMINANTS OR ALL PRODUCTION BATCHES COMBINED INTO THAT TEST BATCH MUST BE DESTROYED AND ITS DESTRUCTION CLEARLY DOCUMENTED.

2.	PROCESS CERTIFICATION.
1.	
a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S WATER-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS SHALL BE DEEMED CERTIFIED BY THE DIVISION IF EVERY PRODUCTION BATCH OF WATER-BASED RETAIL MARIJUANA CONCENTRATE THAT IT PRODUCED DURING A 4 WEEK PERIOD PASSED ALL CONTAMINANT TESTS REQUIRED BY RULE R606 (A) (1).

b.	IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S WATER-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS HAS BEEN CERTIFIED BY THE DIVISION, THEN IT SHALL BE CONSIDERED EXEMPT FROM THE REQUIREMENTS OF RULE R606 (A). A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT HAS HAD ITS WATER-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS CERTIFIED BY THE DIVISION SHALL BE REQUIRED TO SUBMIT FOUR PRODUCTION BATCHES OF WATER-BASED RETAIL MARIJUANA CONCENTRATE PER YEAR, AT THREE MONTH INTERVALS, FOR CONTAMINANT TESTING THAT MUST INCLUDE ALL TESTS REQUIRED BY RULE R 606 (A).

c.	NOTHING WITHIN THIS RULE SHALL EXEMPT A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY FROM THE DIVISION’S RANDOM SAMPLING PROGRAM SET FORTH IN RULE R 606 (E).

d.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL BE REQUIRED TO NOTIFY THE DIVISION WITHIN 30-DAYS WHEN ANY  CHANGE TO ITS WATER-BASED RETAIL   MARIJUANA   CONCENTRATE   PRODUCTION   PROCESS   OCCURS   AND   ITS
PROCESS MUST BE RECERTIFIED ACCORDING TO THE PROCEDURES SET FORTH IN SUBPARAGRAPH (A).

3.	POTENCY TESTING. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL NOT WHOLESALE OR TRANSFER A RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM WHICH THAT RETAIL MARIJUANA WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY FOR POTENCY.

B.	MANDATORY TESTING FOR FAT-BASED RETAIL MARIJUANA CONCENTRATES.

1.	MANDATORY CONTAMINANT TESTING.

a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL NOT WHOLESALE, TRANSFER OR PROCESS INTO A RETAIL MARIJUANA PRODUCT A FAT-BASED RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM WHICH THAT FAT-BASED RETAIL MARIJUANA CONCENTRATE WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY AND  PASSED ALL CONTAMINANT TESTS REQUIRED BY THIS RULE.

i.	MICROBIAL CONTAMINANT TESTING. EACH PRODUCTION BATCH OF RETAIL MARIJUANA CONCENTRATE PRODUCED BY A  RETAIL  MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR MICROBIAL CONTAMINATION BY A  RETAIL MARIJUANA TESTING FACILITY. THE MICROBIAL CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE OF AND AMOUNTS PRESENT OF SALMONELLA SP., ECOLI SP. AND TOTAL COLIFORMS.
i.	
ii.	MOLD CONTAMINANT TESTING. EACH PRODUCTION BATCH OF FAT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST BE TESTED FOR MOLD CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE MOLD CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO  DETERMINE THE PRESENCE AND LEVEL OF ASPERGILLUS SP., MUCOR SP., PENICILLIUM SP., THERMOPHILIC ACTINOMYCETES SP.

b.	TEST BATCHES. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY COMPLY WITH THIS PROVISION BY COMBINING ANY NUMBER OF FAT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION BATCHES PRODUCED WITHIN A 7 DAY PERIOD INTO A SINGLE TEST BATCH. A TEST BATCH MUST CONSIST OF AT LEAST ONE HALF OF A GRAM OF EVERY PRODUCTION BATCH COMBINED INTO THAT TEST BATCH. IF A TEST BATCH FAILS A CONTAMINANT TEST THEN EACH PRODUCTION BATCH THAT WAS COMBINED INTO THAT TEST  BATCH MUST  BE SEPARATELY TESTED FOR CONTAMINANTS OR ALL PRODUCTION BATCHES COMBINED INTO THAT TEST BATCH MUST BE DESTROYED AND ITS DESTRUCTION CLEARLY DOCUMENTED.

2.	PROCESS CERTIFICATION.

a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S FAT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS SHALL BE DEEMED CERTIFIED BY THE DIVISION IF FIVE CONSECUTIVELY PRODUCED PRODUCTION BATCHES OF FAT- BASED RETAIL MARIJUANA CONCENTRATE PASS ALL CONTAMINANT TESTS REQUIRED BY RULE R606 (B) (1).

b.	IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S FAT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS HAS BEEN CERTIFIED BY THE DIVISION, THEN IT SHALL BE CONSIDERED EXEMPT FROM THE REQUIREMENTS OF RULE R606 (B) (1). A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT HAS HAD ITS FAT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS CERTIFIED BY THE DIVISION SHALL BE REQUIRED TO SUBMIT TWO PRODUCTION BATCHES OF FAT-BASED RETAIL MARIJUANA CONCENTRATE PER YEAR, AT SIX MONTH INTERVALS, FOR CONTAMINANT TESTING THAT MUST INCLUDE ALL TESTS REQUIRED BY RULE R 606 (B) (1).

c.	NOTHING WITHIN THIS RULE SHALL EXEMPT A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY FROM THE DIVISION’S RANDOM SAMPLING PROGRAM SET FORTH IN RULE R 606 (E).

d.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL BE REQUIRED TO NOTIFY THE DIVISION WITHIN 30-DAYS WHEN ANY CHANGE TO ITS FAT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS OCCURS AND ITS PROCESS MUST BE RECERTIFIED ACCORDING TO THE PROCEDURES SET FORTH IN SUBPARAGRAPH (A).

3.	POTENCY TESTING. A RETAIL MARIJUANA CULTIVATION FACILITY SHALL NOT WHOLESALE OR TRANSFER A RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM WHICH THAT RETAIL MARIJUANA WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY FOR POTENCY.
1.	
4.	EXEMPTION. IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY DOES NOT WHOLESALE OR TRANSFER ANY OF PORTION OF A FAT-BASED RETAIL MARIJUANA CONCENTRATE FROM A PRODUCTION RUN AND INSTEAD USES ALL OF IT PRODUCE RETAIL MARIJUANA PRODUCT, THEN THAT PRODUCTION BATCH SHALL BE CONSIDERED EXEMPT FROM RULE R 60? (B).

C.	MANDATORY TESTING FOR SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE.

1.	MANDATORY CONTAMINANT TESTING.

a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL NOT WHOLESALE, TRANSFER OR PROCESS INTO A RETAIL MARIJUANA  PRODUCT  A SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM WHICH THAT SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE WAS DERIVED  WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY AND PASSED ALL CONTAMINANT TESTS REQUIRED BY THIS RULE.

i.	RESIDUAL SOLVENT CONTAMINANT TESTING. EACH PRODUCTION BATCH OF  SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST BE TESTED FOR RESIDUAL SOLVENT CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY.  THE RESIDUAL SOLVENT CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE AND
LEVEL  OF  THE  SOLVENT  OR  SOLVENTS  USED  DURING  THE  EXTRACTION PROCESS.

ii.	MICROBIAL CONTAMINANT TESTING. EACH PRODUCTION BATCH OF RETAIL MARIJUANA CONCENTRATE PRODUCED BY  A  RETAIL  MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR MICROBIAL CONTAMINATION BY A  RETAIL MARIJUANA TESTING FACILITY. THE MICROBIAL CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE OF AND AMOUNTS PRESENT OF SALMONELLA SP., ECOLI SP. AND TOTAL COLIFORMS.

iii.	MOLD CONTAMINANT TESTING. EACH PRODUCTION BATCH OF SOLVENT- BASED RETAIL MARIJUANA CONCENTRATE PRODUCED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST BE TESTED FOR MOLD CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE MOLD CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE AND LEVEL OF ASPERGILLUS SP., MUCOR SP., PENICILLIUM SP., THERMOPHILIC ACTINOMYCETES SP.

b.	TEST BATCHES. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY COMPLY WITH THIS PROVISION BY COMBINING ANY NUMBER OF SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION BATCHES PRODUCED WITHIN A 7 DAY PERIOD INTO A SINGLE TEST BATCH. A TEST BATCH MUST CONSIST OF AT LEAST ONE HALF OF A GRAM OF EVERY PRODUCTION BATCH COMBINED INTO THAT TEST BATCH. IF A TEST BATCH FAILS A CONTAMINANT TEST THEN EACH PRODUCTION BATCH THAT WAS COMBINED INTO THAT TEST BATCH MUST BE SEPARATELY TESTED
a.	
FOR  CONTAMINANTS  OR  ALL  PRODUCTION  BATCHES  COMBINED  INTO  THAT  TEST
BATCH MUST BE DESTROYED AND ITS DESTRUCTION CLEARLY DOCUMENTED.

2.	PROCESS CERTIFICATION.

a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS SHALL BE DEEMED CERTIFIED BY THE DIVISION IF EVERY PRODUCTION BATCH OF SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE THAT IT PRODUCED DURING A 4 WEEK PERIOD PASSED ALL CONTAMINANT TESTS REQUIRED BY RULE R606 (C) (1).

b.	IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS HAS BEEN CERTIFIED BY THE DIVISION, THEN IT SHALL BE CONSIDERED EXEMPT FROM THE REQUIREMENTS OF RULE R606 (C) (1). A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT HAS HAD ITS SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS CERTIFIED BY THE DIVISION SHALL BE REQUIRED TO SUBMIT TWELVE PRODUCTION BATCHES OF SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE PER YEAR, AT ONE MONTH INTERVALS, FOR CONTAMINANT TESTING THAT MUST INCLUDE ALL TESTS REQUIRED BY RULE R 606 (C) (1).

c.	NOTHING WITHIN THIS RULE SHALL EXEMPT A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY FROM THE DIVISION’S RANDOM SAMPLING PROGRAM SET FORTH IN RULE R 606 (E).

d.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL BE REQUIRED TO NOTIFY THE DIVISION WITHIN 30-DAYS WHEN ANY CHANGE TO ITS SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS OCCURS AND ITS PROCESS MUST BE RECERTIFIED ACCORDING TO THE PROCEDURES SET FORTH IN SUBPARAGRAPH (A).

3.	POTENCY TESTING. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL NOT WHOLESALE OR TRANSFER A SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM WHICH THAT SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY FOR POTENCY.

4.	EXEMPTION. IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY DOES NOT WHOLESALE OR TRANSFER ANY OF PORTION OF A SOLVENT-BASED RETAIL MARIJUANA CONCENTRATE WITHIN A PRODUCTION RUN AND INSTEAD USES ALL OF IT PRODUCE RETAIL MARIJUANA PRODUCT, THEN THAT PRODUCTION BATCH SHALL BE CONSIDERED EXEMPT FROM RULE R 606 (C), EXCEPT THAT RESIDUAL SOLVENT CONTAMINATION TESTING SHALL STILL BE REQUIRED.

D.	MANDATORY TESTING FOR CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE.

1.	MANDATORY CONTAMINANT TESTING.

a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL NOT WHOLESALE,
TRANSFER  OR  PROCESS  INTO  A  RETAIL  MARIJUANA  PRODUCT  A  CRITICAL  FLUID

EXTRACTION RETAIL MARIJUANA CONCENTRATE UNLESS THE PRODUCTION BATCH FROM WHICH THAT CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY AND PASSED ALL CONTAMINANT TESTS REQUIRED BY THIS RULE.

i.	RESIDUAL SOLVENT CONTAMINANT TESTING. EACH PRODUCTION BATCH OF    CRITICAL FLUID  EXTRACTION  RETAIL  MARIJUANA  CONCENTRATE PRODUCED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST BE TESTED FOR RESIDUAL SOLVENT CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY.  THE RESIDUAL SOLVENT CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE
THE PRESENCE AND LEVEL OF THE SOLVENT OR SOLVENTS USED DURING THE EXTRACTION PROCESS.

ii.	MICROBIAL CONTAMINANT TESTING. EACH PRODUCTION BATCH OF RETAIL MARIJUANA CONCENTRATE PRODUCED BY  A  RETAIL  MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR MICROBIAL CONTAMINATION BY A  RETAIL MARIJUANA TESTING FACILITY. THE MICROBIAL CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE OF AND AMOUNTS PRESENT OF SALMONELLA SP., ECOLI SP., AND TOTAL COLIFORMS.

iii.	MOLD CONTAMINANT TESTING. EACH PRODUCTION BATCH OF CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE PRODUCED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST BE TESTED FOR MOLD CONTAMINATION BY A RETAIL MARIJUANA  TESTING  FACILITY. THE MOLD CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE AND LEVEL OF ASPERGILLUS SP., MUCOR SP., PENICILLIUM SP., THERMOPHILIC ACTINOMYCETES SP.

b.	TEST BATCHES. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY COMPLY WITH THIS PROVISION BY COMBINING ANY NUMBER OF CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE PRODUCTION BATCHES PRODUCED WITHIN A 7 DAY PERIOD INTO A SINGLE TEST BATCH. A TEST BATCH MUST CONSIST OF AT LEAST ONE HALF OF A GRAM OF EVERY PRODUCTION BATCH COMBINED INTO THAT TEST BATCH. IF A TEST BATCH FAILS A CONTAMINANT TEST THEN EACH PRODUCTION BATCH THAT WAS COMBINED INTO THAT TEST BATCH MUST BE SEPARATELY TESTED FOR CONTAMINANTS OR ALL PRODUCTION BATCHES COMBINED INTO THAT TEST BATCH MUST BE DESTROYED AND ITS DESTRUCTION CLEARLY DOCUMENTED.

2.	PROCESS CERTIFICATION.

a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS SHALL BE DEEMED CERTIFIED BY THE DIVISION IF EVERY PRODUCTION BATCH OF CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE THAT IT PRODUCED DURING A 4 WEEK PERIOD PASSED ALL CONTAMINANT TESTS REQUIRED BY RULE R606 (D) (1).
a.	
b.	IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS HAS BEEN CERTIFIED BY THE DIVISION, THEN IT SHALL BE CONSIDERED EXEMPT FROM THE REQUIREMENTS   OF   RULE   R606  (D)  (1).	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT HAS HAD ITS CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS CERTIFIED BY THE DIVISION SHALL BE REQUIRED TO SUBMIT TWELVE PRODUCTION BATCHES OF CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE PER YEAR, AT ONE MONTH INTERVALS, FOR CONTAMINANT TESTING THAT MUST INCLUDE ALL TESTS REQUIRED BY RULE R 606 (D) (1).

c.	NOTHING WITHIN THIS RULE SHALL EXEMPT A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY FROM THE DIVISION’S RANDOM SAMPLING PROGRAM SET FORTH IN RULE R 606 (E).

d.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL BE REQUIRED TO NOTIFY THE DIVISION WITHIN 30-DAYS WHEN ANY CHANGE TO ITS CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE PRODUCTION PROCESS OCCURS AND ITS PROCESS MUST BE RECERTIFIED ACCORDING TO THE PROCEDURES SET FORTH IN SUBPARAGRAPH (A).

3.	POTENCY TESTING. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL NOT WHOLESALE OR TRANSFER A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE UNLESS THE  PRODUCTION BATCH FROM WHICH THAT CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY FOR POTENCY.

4.	EXEMPTION.

a.	A RETAIL MARIJUANA PRODUCTS MANUFACTURER SHALL NOT BE REQUIRED TO CONDUCT RESIDUAL SOLVENT TESTS ON  THE PRODUCT BATCHES OF A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE IF ONLY CO2 WAS USED DURING THE EXTRACTION PROCESS.

b.	IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY DOES NOT WHOLESALE OR TRANSFER ANY OF PORTION OF A CRITICAL FLUID EXTRACTION RETAIL MARIJUANA CONCENTRATE WITHIN A PRODUCTION RUN AND INSTEAD USES ALL OF IT PRODUCE RETAIL MARIJUANA PRODUCT, THEN THAT PRODUCTION BATCH SHALL BE CONSIDERED EXEMPT FROM RULE R 606 (D), EXCEPT THAT RESIDUAL SOLVENT CONTAMINATION TESTING SHALL STILL BE REQUIRED.

E.	RANDOM SAMPLING.

1.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY BE REQUIRED BY THE DIVISION TO SUBMIT A RANDOM SAMPLE OF ANY RETAIL MARIJUANA PRODUCT IT POSSES TO A RETAIL MARIJUANA TESTING FACILITY TO BE TESTED FOR POTENCY OR CONTAMINANTS AT ANY TIME AND WITHOUT NOTICE. TESTING ON SAMPLES COLLECTED PURSUANT TO THIS RULE MAY INCLUDE, BUT MAY NOT BE LIMITED TO, PESTICIDES, HERBICIDES, FERTILIZERS OR OTHER CHEMICALS, MICROBIALS, MOLDS, FILTH, HARMFUL CHEMICALS, AND POTENCY.
1.	
2.	THE DIVISION, AT ITS OWN DISCRETION, MAY ELECT TO HAVE MED PERSONNEL OR A DIVISION AUTHORIZED SAMPLE COLLECTION ENTITY COLLECT THE RANDOM SAMPLES FOR TESTING AT A RETAIL MARIJUANA TESTING FACILITY.

3.	THE COST FOR ALL TESTS CONDUCTED PURSUANT TO THIS RULE SHALL BE THE FINANCIAL RESPONSIBILITY OF THE RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY.

H.	FAILED CONTAMINANT TESTS. IF A RETAIL  MARIJUANA  PRODUCTS  MANUFACTURING  FACILITY  IS NOTIFIED BY THE DIVISION OR A RETAIL MARIJUANA TESTING FACILITY THAT A PRODUCTION BATCH FAILED CONTAMINANT TESTING, THEN THE RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY  NOT PROCESS, WHOLESALE OR TRANSFER  ANY  OF  THE  RETAIL  MARIJUANA  CONCENTRATE  IT POSSESSES FROM THAT PRODUCTION BATCH THAT FAILED CONTAMINANT TESTING AND MUST EITHER;

1.	DESTROY   AND   DOCUMENT   THE   DESTRUCTION   OF   THE   ENTIRE   PORTION   OF   THE PRODUCTION BATCH THAT IT POSSESSES; OR

2.	DECONTAMINATE THE PORTION OF  THE PRODUCTION  BATCH IT  POSSESSES PRIOR TO HAVING TWO INDEPENDENT SAMPLES RE-COLLECTED AND RE-TESTED FOR THE IDENTIFIED CONTAMINANT. IF BOTH SAMPLES PASS THE CONTAMINANT RE-TEST(S), THEN ANY RETAIL MARIJUANA CONCENTRATE FROM THAT PRODUCTION BATCH MAY BE PROCESSED, WHOLESALED, OR TRANSFERRED. IF ONE OR BOTH OF THE SAMPLES DO NOT PASS THE CONTAMINANT RE-TEST(S), THEN THE RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST DESTROY AND DOCUMENT THE DESTRUCTION OF THE ENTIRE PORTION OF THE PRODUCTION BATCH THAT IT POSSESSES.

3.	A VIOLATION OF THIS RULE MAY CONSTITUTE A VIOLATION AGAINST PUBLIC SAFETY.
1.	
RANDOM SAMPLING PROGRAM THAT IS APPLICABLE TO RETAIL MARIJUANA PRODUCT PRODUCED OR POSSESSED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY.

R 607 – RETAIL  MARIJUANA  PRODUCTS  MANUFACTURING  FACILITY: MANDATORY  TESTING  AND  RANDOM SAMPLING PROGRAM FOR RETAIL MARIJUANA PRODUCT

A.	MANDATORY CONTAMINANT TESTING. A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL NOT WHOLESALE OR TRANSFER A RETAIL MARIJUANA PRODUCT UNLESS THE PRODUCTION BATCH FROM WHICH THAT RETAIL MARIJUANA DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY AND PASSED ALL CONTAMINANT TESTS REQUIRED BY THIS RULE.

1.	MICROBIAL CONTAMINANT TESTING. EACH PRODUCTION BATCH OF RETAIL MARIJUANA CONCENTRATE PRODUCED BY A RETAIL MARIJUANA CULTIVATION FACILITY MUST BE TESTED FOR MICROBIAL CONTAMINATION BY A RETAIL MARIJUANA TESTING FACILITY. THE MICROBIAL CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE OF AND AMOUNTS PRESENT OF SALMONELLA SP., ECOLI SP. AND TOTAL COLIFORMS.

2.	MOLD CONTAMINANT TESTING. EACH PRODUCTION BATCH OF RETAIL MARIJUANA PRODUCT PRODUCED BY A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST BE TESTED FOR   MOLD   CONTAMINATION   BY   A   RETAIL   MARIJUANA   TESTING   FACILITY.	THE MOLD CONTAMINATION TEST MUST INCLUDE, BUT NEED TO BE LIMITED TO, TESTING TO DETERMINE THE PRESENCE AND LEVEL OF ASPERGILLUS SP., MUCOR SP., PENICILLIUM SP., THERMOPHILIC ACTINOMYCETES SP.

B.	PROCESS CERTIFICATION.

1.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S RETAIL MARIJUANA PRODUCT PRODUCTION PROCESS SHALL BE DEEMED CERTIFIED BY THE DIVISION IF EVERY PRODUCTION BATCH OF RETAIL MARIJUANA PRODUCT THAT IT PRODUCED DURING A 4 WEEK PERIOD PASSED ALL CONTAMINANT TESTS REQUIRED BY RULE R607 (A).

2.	IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY’S RETAIL MARIJUANA PRODUCT PRODUCTION PROCESS HAS BEEN CERTIFIED BY THE DIVISION, THEN IT SHALL BE CONSIDERED EXEMPT FROM THE REQUIREMENTS OF RULE R60? (A). A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY THAT HAS HAD ITS RETAIL MARIJUANA PRODUCT PRODUCTION PROCESS CERTIFIED BY THE DIVISION SHALL BE REQUIRED TO SUBMIT TWELVE PRODUCTION BATCHES OF RETAIL MARIJUANA PRODUCT PER YEAR, AT ONE MONTH INTERVALS,  FOR CONTAMINANT TESTING THAT MUST INCLUDE ALL TESTS REQUIRED BY RULE R 607 (A).

3.	NOTHING WITHIN THIS RULE SHALL EXEMPT A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY FROM THE DIVISION’S RANDOM SAMPLING PROGRAM SET FORTH IN RULE R 607 (A).

4.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL BE REQUIRED TO NOTIFY THE  DIVISION  WITHIN  30-DAYS  WHEN  ANY  CHANGE  TO  ITS  RETAIL  MARIJUANA  PRODUCT
1.	
PRODUCTION PROCESS OCCURS AND ITS PROCESS MUST BE RECERTIFIED ACCORDING TO THE PROCEDURES SET FORTH IN SUBPARAGRAPH (A).

C.	POTENCY   TESTING.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY SHALL  NOT WHOLESALE OR TRANSFER A RETAIL MARIJUANA PRODUCT UNLESS THE PRODUCTION BATCH FROM WHICH THAT RETAIL MARIJUANA WAS DERIVED WAS TESTED BY A RETAIL MARIJUANA TESTING FACILITY FOR POTENCY.

D.	RANDOM SAMPLING.

1.	A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY BE REQUIRED BY THE DIVISION TO SUBMIT A RANDOM SAMPLE OF ANY RETAIL MARIJUANA PRODUCT IT POSSES TO A RETAIL MARIJUANA TESTING FACILITY TO BE TESTED FOR POTENCY OR CONTAMINANTS AT ANY TIME AND WITHOUT NOTICE. TESTING ON SAMPLES COLLECTED PURSUANT TO THIS RULE MAY INCLUDE, BUT MAY NOT BE LIMITED TO, PESTICIDES, HERBICIDES, FERTILIZERS OR OTHER CHEMICALS, RESIDUAL SOLVENTS, MICROBIALS, MOLDS, FILTH, HARMFUL CHEMICALS, AND POTENCY.

2.	THE DIVISION, AT ITS OWN DISCRETION, MAY ELECT TO HAVE MED PERSONNEL OR A DIVISION AUTHORIZED SAMPLE COLLECTION ENTITY COLLECT THE RANDOM SAMPLES FOR TESTING AT A RETAIL MARIJUANA TESTING FACILITY.

3.	THE COST FOR ALL TESTS CONDUCTED PURSUANT TO THIS RULE SHALL BE THE FINANCIAL RESPONSIBILITY OF THE RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY.

E.	FAILED CONTAMINANT TESTS. IF A RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY IS NOTIFIED BY THE DIVISION OR A RETAIL MARIJUANA TESTING FACILITY THAT A PRODUCTION BATCH FAILED CONTAMINANT TESTING, THEN THE RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MAY NOT PROCESS, WHOLESALE OR TRANSFER ANY OF THE RETAIL MARIJUANA PRODUCT IT POSSESSES FROM THAT PRODUCTION BATCH THAT FAILED CONTAMINANT TESTING AND MUST EITHER;

1.	DESTROY AND DOCUMENT THE DESTRUCTION OF THE ENTIRE PORTION OF THE PRODUCTION BATCH THAT IT POSSESSES; OR

2.	DECONTAMINATE THE PORTION OF THE PRODUCTION BATCH IT POSSESSES PRIOR TO HAVING TWO INDEPENDENT SAMPLES RE-COLLECTED AND RE-TESTED FOR THE IDENTIFIED CONTAMINANT. IF BOTH SAMPLES PASS THE CONTAMINANT RE-TEST(S), THEN ANY RETAIL MARIJUANA PRODUCT FROM THAT PRODUCTION BATCH MAY BE WHOLESALED, OR TRANSFERRED. IF ONE OR BOTH OF  THE SAMPLES DO NOT PASS THE CONTAMINANT RE- TEST(S), THEN THE RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY MUST DESTROY AND DOCUMENT THE DESTRUCTION OF THE ENTIRE PORTION OF THE PRODUCTION BATCH THAT IT POSSESSES.

3.	A VIOLATION OF THIS RULE MAY CONSTITUTE A VIOLATION AGAINST PUBLIC SAFETY.
1.	
RANDOM SAMPLING PROGRAM THAT IS APPLICABLE TO RETAIL MARIJUANA TESTING FACILITIES.

R 712 – RETAIL MARIJUANA TESTING FACILITY: MANDATORY TESTING AND RANDOM SAMPLING PROGRAM

A.	PERMISSIBLE LEVELS OF CONTAMINANTS.

1.	MICROBIALS (BACTERIA, MOLDS, MILDEW, FUNGUS, FILTH)

ESCHERICHIA COLI - BACTERIA	NEGATIVE - NO GROWTH PRESENT	
SALMONELLA SPECIES - BACTERIA	NEGATIVE – NO GROWTH PRESENT	
TOTAL COLIFORM - BACTERIA	LESS THAN 10,000 COLONY FORMING UNITS PER MICROLITER.	
ASPERGILLUS SP. – MOLDS, FUNGUS	NEGATIVE – NO GROWTH PRESENT	
MUCOR SP. – MOLDS, FUNGUS	NEGATIVE – NO GROWTH PRESENT	
PENICILLIUM SP. – MOLDS, FUNGUS	NEGATIVE – NO GROWTH PRESENT	
THERMOPHILIC	ACTINOMYCETES	SP.    –
MOLDS, FUNGUS	NEGATIVE – NO GROWTH PRESENT	
FILTH ANALYSIS	LEVELS TBD – FDA REFERENCES NEEDED.	

2.	RESIDUAL SOLVENTS

N-BUTANE	< 5.0 PARTS PER MILLION (PPM)	
ISO-BUTANE	< 5.0 PARTS PER MILLION (PPM)	
PROPANE	< 5.0 PARTS PER MILLION (PPM)	
HEPTANE	< 5.0 PARTS PER MILLION (PPM)	
2-PROPANOL (ISOPROPYL ALCOHOL)	< 5.0 PARTS PER MILLION (PPM)	
ETHANOL	< 5.0 PARTS PER MILLION (PPM)	

PROPYLENE GLYCOL	< 5.0 PARTS PER MILLION (PPM)	
GLYCERIN	< 5.0 PARTS PER MILLION (PPM)	

B.	PERMISSIBLE THC POTENCY VARIANCE.

1.	THC POTENCY VARIANCE FOR TYPES OF RETAIL MARIJUANA.

a.	RETAIL  MARIJUANA  FLOWER  THC POTENCY  VARIANCE  SHALL  NOT  EXCEED  20%
FROM THE REPORTED AND LABELED VALUE.

b.	RETAIL  MARIJUANA  CONCENTRATE  THC POTENCY  VARIANCE  SHALL  NOT  EXCEED 10% FROM THE REPORTED AND LABELED VALUE.

c.	RETAIL MARIJUANA PRODUCT  THC POTENCY  VARIANCE SHALL NOT EXCEED 10% FROM THE REPORTED AND LABELED VALUE. ADDITIONALLY, THE POTENCY MUST BE HOMOGENOUS THROUGHOUT  THE  ENTIRE  RETAIL MARIJUANA  PRODUCT, MEANING THAT 10% OF ANY RETAIL MARIJUANA PRODUCT MAY CONTAIN MORE THAN 15% OF THE TOTAL THC CONTAINED WITHIN ENTIRE RETAIL MARIJUANA PRODUCT.

2.	PROCEDURES  FOR  RETAIL  MARIJUANA,  RETAIL  MARIJUANA  CONCENTRATES  AND  RETAIL MARIJUANA PRODUCTS THAT EXCEED PERMISSIBLE THC POTENCY VARIANCES.

a.	VARIANCES EXCEEDING THE DEFINED AMOUNTS LISTED IN THIS RULE REQUIRE RETESTING OF THE RETAIL MARIJUANA, RETAIL MARIJUANA CONCENTRATE, OR RETAIL MARIJUANA PRODUCT TO VERIFY THE POTENCY. IF THE VERIFICATION TESTING RESULTS CONFIRM A POTENCY EXCEEDING ACCEPTABLE THC POTENCY VARIANCE, THEN ALL REPORTING AND LABELING MUST IMMEDIATELY BE ADJUSTED TO ACCURATELY REFLECT THAT POTENCY.

b.	A RETAIL MARIJUANA TESTING FACILITY MUST NOTIFY THE DIVISION WITHIN 30-DAYS WHEN A THC POTENCY TEST RESULTS FALLS OUTSIDE OF THE ACCEPTABLE VARIANCES ESTABLISHED BY THIS RULE.

C.	RETESTING OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCT.

1.	IF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCT FAILED A MANDATORY CONTAMINANT TEST, THEN THE RETAIL MARIJUANA TESTING FACILITY MUST IMMEDIATELY NOTIFY THE RETAIL MARIJUANA ESTABLISHMENT THAT SUBMITTED THE SAMPLE FOR TESTING. THE RETAIL MARIJUANA ESTABLISH MUST MEET THE RETESTING REQUIREMENTS FOUND IN RULE R 505, R506, R606, OR R607 DEPENDING ON THE SOURCE AND TYPE OF RETAIL MARIJUANA. THE RETAIL MARIJUANA ESTABLISHMENT  MAY REQUEST  THAT  THE  RETAIL MARIJUANA TESTING FACILITY THAT CONDUCTED THE FIRST TEST OR ANOTHER RETAIL MARIJUANA TESTING FACILITY PERFORM THE SECONDARY TESTING ON THE AFFECTED HARVEST BATCH OR PRODUCTION BATCH. THE RETAIL MARIJUANA ESTABLISHMENT MUST REPORT THE ALL INITIAL AND SECONDARY TEST FAILURE IN ACCORDANCE WITH ALL MITS PROCEDURES.
1.	
2.	IF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCT FAILS A MANDATORY CONTAMINANT TEST BUT SUBSEQUENTLY PASSES SECONDARY CONTAMINANT TESTS, THEN THE DIVISION SHALL CONSIDER THE RESULTS OF ONLY THE SECONDARY TESTING WHEN MAKING A DETERMINATION REGARDING ANY EXEMPTION FROM MANDATORY TESTING.

D.	COST TO OTHER LICENSEES. A RETAIL MARIJUANA TESTING FACILITY MUST CHANGE THE SAME PRICE FOR ALL TESTS CONDUCTED PURSUANT TO THE MANDATORY TESTING PROGRAM ESTABLISHED IN RULES R 505, R506, R606, AND R607 THAT IT CHARGES FOR ANY OTHER SIMILAR TEST.