February 4, 2019 Matt Cote

Requirements for a Cannabis Goods Batch that Fails Regulatory Compliance Testing

  • A cannabis goods batch that fails any test performed by a licensed testing laboratory fails regulatory compliance testing and may not be transported to any retailer for sale or to another distributor.
  • If a cannabis goods batch fails regulatory compliance testing, the licensed testing laboratory may not retest the batch and must issue a COA based on the initial testing.
  • A licensed testing laboratory shall not amend any COA after issuance.
  • Cannabis goods that fail regulatory compliance testing must be quarantined and stored separately and distinctly from other cannabis goods batches at the licensed distributor’s premises with a clear identifiable batch number.
  • Retesting is not a form of remediation. Any retesting performed without remediation will not supersede the original test results performed by the licensed testing laboratory.
  • A failed cannabis goods batch may be remediated if the licensed manufacturer or licensed microbusiness complies with the following:
    • Prior to any remediation, the licensed manufacturer submits a corrective action plan to the California Department of Public Health (CDPH) at RP.MCSB@cdph.ca.gov OR the licensed microbusiness submits a corrective action plan to the Bureau at BCC.Labs@dca. ca.gov within 30 calendar days of issuance of the COA.
    • The failed batch is held in quarantine at the licensed distributor’s premises until the corrective action plan is approved.
    • Once the cannabis goods have been remediated and returned to the licensed distributor’s premises, the cannabis goods batch must be tested and pass all required regulatory compliance testing before being transported to a retailer for sale or to another licensed distributor.
    • To remediate a failed cannabis goods batch with a COA issued before January 16, 2019, the corrective plan must be submitted no later than February 16, 2019.
  • Failed cannabis goods batches for which a corrective action plan is not approved cannot be remediated and must be destroyed.
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