Utah Code 4-41a-702. Reporting — Inspections — Seizure by the department
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(1) If an independent cannabis testing laboratory determines that the results of a lab test indicate that a cannabis or cannabis product batch may be unsafe for human use:
Terms Used In Utah Code 4-41a-702
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102 - Cannabis processing facility: means a person that:(14)(a) acquires or intends to acquire cannabis from a cannabis production establishment;(14)(b) possesses cannabis with the intent to manufacture a cannabis product;(14)(c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and(14)(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee. See Utah Code 4-41a-102
- Cannabis product: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
- Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
- Independent cannabis testing laboratory: includes a laboratory that the department or a research university operates in accordance with Subsection
4-41a-201 (14). See Utah Code 4-41a-102(1)(a) the independent cannabis testing laboratory shall report the results and the cannabis or cannabis product batch to:(1)(a)(i) the department; and(1)(a)(ii) the cannabis production establishment that prepared the cannabis or cannabis product batch;(1)(b) the department shall place a hold on the cannabis or cannabis product batch to:(1)(b)(i) investigate the cause of the defective batch; and(1)(b)(ii) make a determination; and(1)(c) the cannabis production establishment that prepared the cannabis or cannabis product batch may appeal the determination described in Subsection (1)(b)(ii) to the department. - Cannabis product: means the same as that term is defined in Section
(2) If the department determines, under Subsection (1)(b)(ii) or following an appeal under Subsection (1)(c), that a cannabis or cannabis product prepared by a cannabis production establishment is unsafe for human consumption, the department may seize, embargo, or destroy, in the same manner as a cannabis production establishment under Section 4-41a-405, the cannabis or cannabis product batch.
(3) If an independent cannabis testing laboratory determines that the results of a lab test indicate that the cannabinoid content of a cannabis or cannabis product batch diverges more than 10% from the amounts the label indicates, the cannabis processing facility may not sell the cannabis or cannabis product batch unless the facility replaces the incorrect label with a label that correctly indicates the cannabinoid content.