Maine Revised Statutes Title 28-B Sec. 503-A – Operation of sample collectors
Current as of: 2023 | Check for updates
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A sample collector shall operate in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2019, c. 676, §13 (NEW).]
1. Authorized operation. A sample collector is authorized to collect samples of cannabis and cannabis products from a cannabis establishment for mandatory and other testing by a testing facility and to transport and deliver those samples to the testing facility for those purposes. A sample collector may operate as an independent contractor or employee of a testing facility or as an employee of a business entity that employs 2 or more sample collectors and that is not a cultivation facility, a products manufacturing facility, a cannabis store, a registered caregiver, a registered dispensary or a manufacturing facility as defined in Title 22, section 2422, subsection 4?R.
[PL 2019, c. 676, §13 (NEW); PL 2021, c. 669, §5 (REV).]
Terms Used In Maine Revised Statutes Title 28-B Sec. 503-A
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adult use cannabis: means cannabis cultivated, manufactured, distributed or sold by a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
- Business entity: means a partnership, association, company, corporation, limited liability company or other entity incorporated or otherwise formed or organized by law. See Maine Revised Statutes Title 28-B Sec. 102
- Cannabis: includes cannabis concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D or a cannabis product. See Maine Revised Statutes Title 28-B Sec. 102
- Cannabis establishment: means a cultivation facility, a products manufacturing facility, a testing facility, a cannabis store or a sample collector licensed under this chapter. See Maine Revised Statutes Title 28-B Sec. 102
- Cannabis store: means a facility licensed under this chapter to purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation facility, to purchase adult use cannabis and adult use cannabis products from a products manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to consumers. See Maine Revised Statutes Title 28-B Sec. 102
- Cultivation facility: means a facility licensed under this chapter to purchase cannabis plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use cannabis; to sell adult use cannabis to products manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell cannabis plants and seeds to other cultivation facilities and immature cannabis plants and seedlings to cannabis stores. See Maine Revised Statutes Title 28-B Sec. 102
- Department: means the Department of Administrative and Financial Services. See Maine Revised Statutes Title 28-B Sec. 102
- Licensee: means a person licensed pursuant to this chapter to operate a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
- Person: means a natural person or a business entity. See Maine Revised Statutes Title 28-B Sec. 102
- Products manufacturing facility: means a facility licensed under this chapter to purchase adult use cannabis from a cultivation facility or another products manufacturing facility; to manufacture, label and package adult use cannabis and adult use cannabis products; and to sell adult use cannabis and adult use cannabis products to cannabis stores and to other products manufacturing facilities. See Maine Revised Statutes Title 28-B Sec. 102
- Sample: means :
A. See Maine Revised Statutes Title 28-B Sec. 102Sample collector: means a person licensed under this chapter to collect samples of cannabis and cannabis products for testing and to transport and deliver those samples to a testing facility for testing. See Maine Revised Statutes Title 28-B Sec. 102 Testing facility: means a facility licensed under this chapter to develop, research and test cannabis, cannabis products and other substances. See Maine Revised Statutes Title 28-B Sec. 102
2. Compliance with sampling protocols, standards and criteria. A sample collector shall follow all sampling protocols, standards and criteria adopted by rule or otherwise approved by the department for the sampling of different forms of cannabis and cannabis products.
[PL 2019, c. 676, §13 (NEW); PL 2021, c. 669, §5 (REV).]
3. Record keeping. A sample collector shall maintain records of all business transactions in accordance with the record-keeping requirements of section 511 and section 602, subsections 2 and 3.
[PL 2019, c. 676, §13 (NEW).]
4. Disposal of cannabis and cannabis products. A sample collector shall dispose of or destroy used, unused and waste cannabis and cannabis products in accordance with rules adopted by the department.
[PL 2019, c. 676, §13 (NEW); PL 2021, c. 669, §5 (REV).]
5. Independence of sample collector interest. A person with an interest in a sample collector license may not be a caregiver or a registered caregiver or have an interest in a registered dispensary, a cannabis store license, a cultivation facility license or a products manufacturing facility license but may hold or have an interest in a business entity that employs 2 or more sample collectors, in a testing facility license or in multiple testing facility licenses. A person who is a caregiver or a registered caregiver or who has an interest in a registered dispensary, a cannabis store license, a cultivation facility license or a products manufacturing facility license may not have an interest in a sample collector license. As used in this subsection, “interest” has the same meaning as in section 205, subsection 2, paragraph B.
[PL 2019, c. 676, §13 (NEW); PL 2021, c. 669, §5 (REV).]
6. Tracking. In accordance with the requirements of section 105, a sample collector shall track all adult use cannabis and adult use cannabis products it collects from a licensee for testing purposes from the point at which the cannabis or cannabis products are collected from a licensee to the point at which the cannabis or cannabis products are delivered to a testing facility or the cannabis or cannabis products are disposed of or destroyed.
[PL 2019, c. 676, §13 (NEW); PL 2021, c. 669, §5 (REV).]
7. Rules. The department shall adopt rules regarding the licensing and operation of sample collectors pursuant to this chapter, including, but not limited to, rules establishing licensing requirements, acceptable sample collection methods, sample collector record keeping, documentation and business practices, and standards for the disposal of used, unused and waste cannabis and cannabis products. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2019, c. 676, §13 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2019, c. 676, §13 (NEW). PL 2021, c. 669, §5 (REV).