1. (a) A person seeking a marijuana testing facility license must first obtain the approval of the board by showing competence to perform each test the licensee will offer as an independent third-party testing facility, including tests to identify

   1. (1) THC, THCA, CBD, CBDA and CBN potency;
   2. (2) harmful microbials including Escherichia coli (E. Coli) or salmonella;
   3. (3) residual solvents;
   4. (4) poisons or toxins;
   5. (5) harmful chemicals;
   6. (6) dangerous molds, mildew, or filth;
   7. (7) pesticides.

2. (b) In evaluating whether a person has shown competence in testing under this section, the board or the board's contractor may

   1. (1) conduct an on-site inspection of the applicant's premises;
   2. (2) require the applicant to demonstrate proficiency in testing; and

   3. (3) examine compliance with any applicable requirement of 3 AAC 306.630 - 3 AAC 306.675, and 3 AAC 306.700 - 3 AAC 306.770, including

      1. (A) qualifications of personnel;
      2. (B) the standard operating procedure for each testing methodology the marijuana testing facility will use;
      3. (C) proficiency testing results;
      4. (D) quality control and quality assurance;
      5. (E) security;
      6. (F) chain of custody;
      7. (G) specimen retention;
      8. (H) space;
      9. (I) records; and
      10. (J) reporting of results.
3. (c) The board will approve a marijuana testing facility license if, after the board or the board's contractor has examined the qualifications and procedures of the marijuana testing facility license applicant and documented the conclusions of the examination in a written report, the board finds the qualifications and procedures, generally in compliance with good laboratory practices and that the application meets the requirements of this section. Nothing in AS 17.38 or this chapter constitutes a board guarantee that a licensed marijuana testing facility can or will protect the public from all potential hazards of marijuana including microbials, poisons or toxins, residual solvents, pesticides, or other contaminants.

(Eff. 2/21/2016, Register 217; am 3/25/2020, Register 233)

Authority: AS 17.38.010, AS 17.38.150, AS 17.38.900, AS 17.38.070, AS 17.38.190, AS 17.38.121, AS 17.38.200