- A. In addition to the definitions in A.R.S. § 36-2850 and R9-18-101, the definitions in A.A.C. R9-17-404.03(A) apply in this Section unless otherwise stated.
- B. A technical laboratory director shall ensure that the marijuana testing facility complies with the requirements in A.A.C. R9-17-404.03(B) through (O) when using chemical analytical methods for any of the analytes in Table 3.1.
C. A technical laboratory director may release testing results that are scientifically valid and defensible from analyses using chemical analytical methods, according to R9-18-410(B)(3) and (C), with the following data qualifier notations if:
1. The target analyte detected in the calibration blank required in A.A.C. R9-17-404.03(F)(1)(c) or the method blank specified in A.A.C. R9-17-404.03(K)(1) is at or above the limit of quantitation, but the sample result:
- a. For potency testing, is below the limit of quantitation – B1; or
- b. When testing for pesticides, fungicides, growth regulators, mycotoxins, heavy metals, or residual solvents, is below the maximum allowable concentration in Table 3.1 for the analyte – B2;
- 2. The limit of quantitation and the sample results were adjusted to reflect sample dilution - D1;
- 3. The relative intensity of a characteristic ion in a sample analyte exceeded the acceptance criteria in A.A.C. R9-17-404.03(L)(1) with respect to the reference spectra, indicating interference – I1;
- 4. When testing for pesticides, fungicides, growth regulators, mycotoxins, heavy metals, or residual solvents, the percent recovery of a laboratory control sample is greater than the acceptance limits in A.A.C. R9-17-404.03(K)(2)(d), but the sample’s target analytes were not detected above the maximum allowable concentrations in Table 3.1 for the analytes in the sample – L1;
5. The recovery from the matrix spike in A.A.C. R9-17-404.03(K)(4) was:
- a. High, but the recovery from the laboratory control sample in A.A.C. R9-17-404.03(K)(2) was within acceptance criteria – M1,
- b. Low, but the recovery from the laboratory control sample in A.A.C. R9-17-404.03(K)(2) was within acceptance criteria – M2, or
- c. Unusable because the analyte concentration was disproportionate to the spike level, but the recovery from the laboratory control sample in A.A.C. R9-17-404.03(K)(2) was within acceptance criteria – M3;
- 6. The analysis of a spiked sample required a dilution such that the spike recovery calculation does not provide useful information, but the recovery from the associated laboratory control sample in A.A.C. R9-17-404.03(K)(2) was within acceptance criteria – M4;
- 7. The analyte concentration was determined by the method of standard addition, in which the standard is added directly to the aliquots of the analyzed sample – M5;
- 8. A description of the variance is described in the final report of testing according to R9-18-410(B)(3) and (C) – N1;
- 9. The relative percent difference for the laboratory control sample and duplicate exceeded the limit in A.A.C. R9-17-404.03(K)(3), but the recovery in A.A.C. R9-17-404.03(K)(2)(d) was within acceptance criteria – R1;
- 10. The relative percent difference for a sample and duplicate exceeded the limit in A.A.C. R9-17-404.03(O) – R2; or
- 11. The recovery from continuing initial calibration verification standards or continuing calibration verification standards is greater than the acceptance limits in A.A.C. R9-17-404.03(H)(2) or (J)(1)(b) as applicable, but the sample’s target analytes were not detected above the maximum allowable concentrations in Table 3.1 for the analytes in the sample – V1.
D. A technical laboratory director shall include in the final report of testing from analyses using chemical analytical methods, according to R9-18-410(B)(3) and (C), the following data qualifier notations if:
- 1. Sample integrity was not maintained – Q1;
- 2. The sample is heterogeneous, and sample homogeneity could not be readily achieved using routine laboratory practices – Q2; or
- 3. Testing result is for informational purposes only and cannot be used to satisfy marijuana establishment testing requirements in R9-18-311(A) or labeling requirements in R9-18-310 – Q3.
- E. For batch analysis of samples to determine potency, a technical laboratory director may check precision by using either a duplicate laboratory control sample or a duplicate sample prepared from the marijuana or marijuana product being tested, according to requirements in A.A.C. R9-17-404.03(K)(2) and (3).
F. A technical laboratory director shall ensure that the reporting units for:
- 1. Pesticides, fungicides, growth regulators, heavy metals, or residual solvents is in parts per million (ppm); and
- 2. Mycotoxins are according to A.A.C. R9-17-404.04(I)(4); and
3. Potency are:
a. In either:
- i. Percent (w/w) relative to the bulk plant material or marijuana product, as applicable; or
- ii. Number of milligrams per designated unit; and
b. For:
- i. Total tetrahydrocannabinol, the sum of tetrahydrocannabinolic acid (THC-A), multiplied by 0.877, and delta-9-tetrahydrocannabinol (Ä9-THC); and
- ii. Total cannabidiol, the sum of cannabidiolic acid (CBD-A), multiplied by 0.877, and cannabidiol (CBD).
G. To perform testing for the microbial contaminants in Table 3.1, a marijuana testing facility shall:
- 1. Use an applicable method described in A.A.C. R9-17-404.04(A)(1) and validated according to A.A.C. R9-17-404.04(A)(2), and
- 2. Comply with A.A.C. R9-17-404.04(A)(3) and (4), as applicable.
- H. A technical laboratory director shall ensure that the marijuana testing facility complies with the requirements in A.A.C. R9-17-404.04(B) through (G) when performing testing for the microbial contaminants in Table 3.1.
I. A technical laboratory director shall include in the final report of testing for the microbial contaminants in Table 3.1, according to R9-18-410(B)(3) and (C), the following data qualifier notations if:
- 1. The limit of quantitation and the sample results were adjusted to reflect sample dilution - D1;
- 2. A description of the variance is described in the final report of testing according to A.A.C. R9-17-410(B)(3) and (C) – N1;
- 3. Sample integrity was not maintained – Q1;
- 4. The sample is heterogeneous, and sample homogeneity could not be readily achieved using routine laboratory practices – Q2; or
- 5. Testing result is for informational purposes only and cannot be used to satisfy marijuana establishment testing requirements R9-18-311(A) or labeling requirements in R9-18-310 – Q3.
J. A technical laboratory director shall ensure that:
- 1. The reporting units for Escherichia coli are colony forming units per gram (CFU/g);
- 2. Reporting for Salmonella is “Detected” or “Not detected” in one gram;
- 3. Reporting for Aspergillus is “Detected” or “Not detected” in one gram; and
4. Reporting for mycotoxins includes:
- a. Total aflatoxins in units of micrograms per kilogram (µg/kg), and
- b. Ochratoxin A in units of micrograms per kilogram (µg/kg).
Historical Note
New Section made by exempt rulemaking at 27 A.A.R. 696, effective May 1, 2021 (Supp. 21-2). Amended by exempt rulemaking at 29 A.A.R. 2453 (October 13, 2023), effective October 1, 2023 (Supp. 23-3). Amended by exempt rulemaking at 30 A.A.R. 3451 (November 15, 2024), with a delayed effective date of November 1, 2024; filed October 25, 2024 (Supp. 24-4).