50-46-311. (Subsection (6) effective April 30, 2018, or on occurrence of contingency, whichever is earlier) Testing laboratories. (1) (a) The department shall license testing laboratories that meet the requirements of this part to measure the tetrahydrocannabinol and cannabidiol content of marijuana and marijuana-infused products and to test marijuana and marijuana-infused products for pesticides, solvents, water levels, mold, and other contaminants. A testing laboratory may transport samples to be tested.

(b) The analytical laboratory services provided by the department of agriculture pursuant to 80-1-104 may be used for the testing provided for in this section.

(2) A person with a financial interest in a licensed testing laboratory may not have a financial interest in a provider for whom testing services are performed.

(3) Each licensed testing laboratory shall employ a scientific director who is responsible for ensuring the achievement and maintenance of quality standards of practice. The scientific director must have the following minimum qualifications:

(a) a doctorate in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 2 years of postdegree laboratory experience; or

(b) a master's degree in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 4 years of postdegree laboratory experience.

(4) All owners and employees of a testing laboratory shall submit fingerprints to the department to facilitate a fingerprint and background check by the department of justice and the federal bureau of investigation. A laboratory may not be owned, operated, or staffed by a person who has been convicted of a felony offense.

(5) To qualify for licensure, a testing laboratory shall demonstrate that:

(a) staff members are proficient in operation of the laboratory equipment;

(b) the laboratory maintains the equipment and instrumentation required by rule;

(c) the laboratory meets insurance and bonding requirements established by rule; and

(d) the laboratory has passed a relevant proficiency program. The department shall establish by rule the proficiency programs considered relevant for the purposes of this section.

(6) Except as provided in 50-46-326(1)(b), a testing laboratory shall conduct tests of:

(a) samples of marijuana, marijuana concentrate, and marijuana-infused products submitted by providers and marijuana-infused products providers pursuant to 50-46-326 and related administrative rules prior to sale of the marijuana or marijuana-infused products;

(b) samples of marijuana or marijuana-infused products collected by the department during inspections of registered premises; and

(c) samples submitted by registered cardholders. (Subsection (6) effective April 30, 2018, or on occurrence of contingency, whichever is earlier--sec. 31(4), Ch. 408, L. 2017.)