11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Kelly Pehrson, Commissioner
R66. Agriculture and Food, Specialized Products.
R66-3. Quality Assurance Testing on Cannabis.
R66-3-1. Authority and Purpose.
(1) Section 4-41a-701 authorizes this rule.
(2) This rule establishes the standards for cannabis and cannabis product potency testing. It sets limits for water activity, foreign matter, microbial life, pesticides, residual solvents, heavy metals, and mycotoxins.
R66-3-2. Definitions.
The terms defined in Section 4-41a-102 and the following shall apply to this rule:
(1) "Analyte" means a substance or chemical component that is undergoing analysis.
(2) "Cannabinoid" means any:
(a) naturally occurring derivative of cannabigerolic acid (CAS 25555-57-1); or
(b) any chemical compound that is both structurally and chemically similar to a derivative of cannabigerolic acid.
(3) "Cannabinoid concentrate" means:
(a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; or
(b) any amount of natural or artificially derived cannabinoid.
(4) "Cannabinoid isolate" means a concentrated form of cannabinoid with less than a 0.3% combined concentration of THC or any THC analog that is intended for use as an ingredient in a cannabinoid product but is not grown by a Utah licensed cannabis cultivation facility.
(5) "CBD" means cannabidiol (CAS 13956-29-1).
(6) "CBDA" means cannabidiolic acid, (CAS 1244-58-2).
(7) "Certificate of analysis" (COA) means a document produced by a testing laboratory listing the quantities of the various analytes for the performed testing.
(8) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as CAS #1972-08-03, the primary psychotropic cannabinoid in cannabis.
(9) "Final product" means a reasonably homogenous cannabis product created using the same standard operating procedures and the same formulation:
(a) in its final packaged form; or
(b) for vapes, in the sealed vape cartridge.
(10) "Foreign matter" means:
(a) any matter that is present in a cannabis lot that is not a part of the cannabis plant; or
(b) any matter that is present in a cannabis or cannabinoid product that is not listed as an ingredient, including seeds.
(11) "Industrial hemp" means a cannabis plant that contains less than 0.3% total THC by dry weight.
(12) "Lot" means the quantity of:
(a) flower from a single strain of cannabis and growing cycle produced on a particular date and time, following clean up until the next clean up during which the same materials are used; or
(b) trim, leaves, or other plant matter from cannabis plants produced on a particular date and time, following clean up until the next clean up.
(13) "Pesticide" means any:
(a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other forms of plant or animal life that are normally considered to be a pest or that the commissioner declares to be a pest;
(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and
(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own, used with a pesticide to aid in the application or effect of a pesticide.
(14) "Sampling technician" means a person tasked with collecting a representative sample of a cannabis plant product, cannabis concentrate, or cannabis product from a cannabis production establishment who is:
(a) an employee of the department;
(b) an employee of an independent cannabis laboratory that is licensed by the department to perform sampling; or
(c) a person authorized by the department to perform sampling.
(15) "Standard operating procedure" (SOP) means a document providing detailed instructions for the performance of a task.
(16) "THCA" means delta-9-tetrahydrocannabinolic acid (CAS 23978-85-0).
(17) "Total CBD" means the sum of the determined amounts of CBD and CBDA.
