44 : 90 : 06 : 08 . Analytical testing result verification. Prior to January 1, 2024, all medical cannabis and cannabis products tested by cannabis testing facilities are subject to routine confirmation testing by the department or department designee. The department shall conduct confirmation testing at regular intervals as needed to ensure consistent, reliable test results. Upon request, the cannabis testing facility must submit residual material from samples with complete testing results to the department or department designee. The department or department designee shall perform testing using an acceptable method to verify initial results.

1. (1) Participates in a proficiency testing program as defined by the ISO/IEC17025 accrediting body;
2. (2) Performs proficiency testing at an interval defined by the accrediting body; and

3. (3) Achieves a passing score on each proficiency test, or completes corrective action, as defined by the accrediting body.

   The department may require all cannabis testing facilities to participate in confirmation testing to ensure the integrity of testing and consistency among cannabis testing facilities.

On or after January 1, 2024, the department may reduce the frequency of routine confirmation testing for analytical tests within the scope of accreditation for an ISO/IEC 17025 accredited cannabis testing facility, if the cannabis testing facility:

Source: 48 SDR 40, effective October 5, 2021.

General Authority: SDCL 34-20G-72 (5)(k).

Law Implemented: SDCL 34-20G-69 , 34-20G-72 (5).