1. (a) A Certified FSD Laboratory may not utilize any FSD testing equipment and/or facilities that are at a location other than the primary business address of the laboratory unless all of the following conditions are met:

   1. (1) The off-site location is not more than 100 miles from the primary business address.
   2. (2) The laboratory provides the following information to the DOJ prior to beginning any testing at the off-site location: the name of the facility/owner, telephone number, physical address of the location; and the type of equipment and/or facilities to be used and/or the testing to be performed at each location.

2. (b) Notwithstanding subdivision (a) of this section, if more than one off-site location is needed for testing purposes, the applicant or Certified FSD Laboratory must submit a completed Request to Utilize an Additional Off-Site Location Form BOF 020A (Rev. 01/2012) for each such location. The Form BOF 020A (Rev. 01/2012) shall include the following information:

   1. (1) Applicant or Laboratory Information: The person(s), firm, or corporation name; physical and mailing address(es); and telephone and fax number.
   2. (2) Off-Site Location Information: The name of the owner; physical street address, telephone number; the testing to be performed and/or equipment to be used at the off-site location; the signature of the Certified FSD Laboratory's authorized representative; and the county, state, and date of signature.
3. (c) The DOJ reserves the right to prohibit a laboratory from conducting FSD tests at an off-site location if the results of any such testing could not be rendered fairly, impartially, and independent of any manufacturer, importer or other entity which has any direct and/or indirect economic interest in the results of the testing.

Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 23655, Penal Code.

History

1. Change without regulatory effect renumbering section 977.48 to section 4098 filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).

2. Change without regulatory effect amending section and Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).