§15701. General Laboratory License Requirements.
(a) A licensed laboratory shall maintain ISO/IEC 17025 accreditation for the testing of the following:
- Cannabinoids;
- Heavy metals;
- Microbial impurities;
- Mycotoxins;
- Residual pesticides;
- Residual solvents and processing chemicals; and
- If tested, terpenoids.
(b) Each testing laboratory licensed premises shall have ISO/IEC 17025 accreditation.
(c) A licensed laboratory shall retain, and make available to the Department upon request, all records associated with the licensee’s ISO/IEC 17025 certificate of accreditation.
(d) A licensed testing laboratory may test items not regulated by this division if they comply with the laws governing the testing of such items. A licensed testing laboratory shall maintain separate and distinct records of their activities regulated by this division and their activities that are subject to other laws.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26012 and 26100, Business and Professions Code.
§15702. Laboratory License Application.
In addition to the information required in section 15002, an application for a testing laboratory license includes the following:
(a) A valid certificate of accreditation, issued by an accreditation body, that attests to the laboratory’s competence to perform testing, including all the required analytes for the following test methods:
- Cannabinoids;
- Heavy metals;
- Microbial impurities;
- Mycotoxins;
- Residual pesticides;
- Residual solvents and processing chemicals; and
- If tested, terpenoids.
(b) Standard operating procedures for the following testing methods:
- Cannabinoids;
- Foreign material;
- Heavy metals;
- Microbial impurities;
- Moisture content and water activity;
- Mycotoxins;
- Residual pesticides;
- Residual solvents and processing chemicals; and
- If tested, terpenoids.
(c) Method validation reports for the following testing methods:
- Cannabinoids;
- Heavy metals;
- Microbial impurities;
- Mycotoxins;
- Residual pesticides;
- Residual solvents; and processing chemicals; and
- If tested, terpenoids.
(d) Standard operating procedures for the sampling of cannabis or cannabis products.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26012, 26050, 26055, 26102 and 26104, Business and Professions Code.
§15703. Interim Testing Laboratory License.
(a) An applicant may apply for an interim license prior to receiving ISO/IEC 17025 accreditation provided that the commercial cannabis business meets all other licensure requirements for a testing laboratory and submits to the Department an application in compliance with section 15002 and an attestation that the commercial cannabis business has or intends to seek ISO/IEC 17025 accreditation for all testing methods required by this division.
(b) An interim testing laboratory license shall be valid for 12 months. The annual license fee for an interim license shall be determined pursuant to the requirements in section 15014 for determining the annual license fee for a testing laboratory license.
(c) To timely renew an interim license, a completed license renewal form and the annual renewal license fee pursuant to section 15014 shall be received by the Department from the licensee no earlier than 60 calendar days before the expiration of the license and no later than 5:00 p.m. Pacific Time on the last business day before the expiration of the license if the renewal form is submitted to the Department at its office(s), or no later than 11:59 p.m. on the last business day before the expiration of the license if the renewal form is submitted to the Department through its electronic licensing system. Failure to receive a notice for license renewal does not relieve a licensee of the obligation to renew an interim license as required.
(d) In the event the license is not renewed prior to the expiration date, the licensee must not test any commercial cannabis or cannabis products until the license is renewed.
(e) A licensee may submit a license renewal form up to 30 calendar days after the license expires. Any late renewal form will be subject to a late fee equal to 50 percent of the applicable licensing fees required by subsection (c).
(f) The license renewal application shall contain the following:
- The name of the licensee. For licensees who are individuals, the applicant shall provide both the first and last name of the individual. For licensees who are business entities, the licensee shall provide the legal business name of the commercial cannabis business;
- The license number and expiration date;
- The licensee’s mailing address and licensed premises address; and
- An attestation that all information provided to the Department in the original application under section 15002 or subsequent notification under sections 15023 and 15024 is accurate and current.
(g) The Department may renew an interim license for an initial renewal period of 12 months.
(h) After one renewal, the Department may renew the interim license for additional 12- month periods if the licensee has submitted an application for the ISO/IEC 17025 accreditation. In addition to the information required for a renewal form pursuant to subsection (f), any renewal request pursuant to this section shall also include an attestation that the licensee’s application for each ISO/IEC 17025 is pending with the accrediting body, the name of the accrediting body, and the date the application was submitted to the accrediting body.
(i) The licensee shall notify the Department if the application for each ISO/IEC 17025 accreditation is granted or denied within 1 business day of receiving the decision from the accrediting body. The licensee shall submit to the Department the information required, on the Licensee Notification and Request Form, Notifications and Requests Regarding Testing Laboratories, DCC-LIC-029 (New 2/22), which is incorporated herein by reference. If the accrediting body grants or denies the licensee’s application for any ISO/IEC 17025 accreditation before the expiration of the interim license, the Department may terminate the interim license at that time.
(j) The Department may revoke an interim license at any time.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26012, 26031, 26050 and 26102, Business and Professions Code.