1 Colo. Code Regs. § 212-3-7-7010

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-7-7010 - Prohibited Acts

Basis and Purpose - 7010

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-203(1)(d), 44-50-203(1)(e), 44-50-203(1)(f), 44-50-203(1)(n), 44-50-203(2)(a), and 44-50-404(3), C.R.S. The purpose of this rule is to establish conduct that is prohibited by Natural Medicine Testing Facilities which includes conflicts of interest between a Natural Medicine Testing Facility and other Natural Medicine Businesses and transfers to any unlicensed person.

A. A person who is an Owner Licensee of a Natural Medicine Testing Facility License may not have a Financial Interest in a Healing Center License, Natural Medicine Cultivation Facility License, or Natural Medicine Products Manufacturer License granted by the State Licensing Authority.

B.Conflicts of Interest. The Natural Medicine Testing Facility shall establish policies to prevent the existence of or appearance of undue commercial, financial, or other influences that may diminish the competency, impartiality, and integrity of the Natural Medicine Testing Facility's testing processes or results, or that may diminish public confidence in the competency, impartiality, and integrity of the Natural Medicine Testing Facility's testing processes or results. At a minimum, employees, owners or agents of a Natural Medicine Testing Facility who participate in any aspect of the analysis and results of a Sample are prohibited from improperly influencing the testing process, improperly manipulating data, or improperly benefiting from any on-going financial, employment, personal or business relationship with the Natural Medicine Business that provided the Sample.

C.Transfer to unlicensed persons prohibited. A Natural Medicine Testing Facility shall not transfer any Regulated Natural Medicine or Regulated Natural Medicine Product to a person who does not hold a Natural Medicine Testing Facility License, or a Facilitator licensed by the Department of Regulatory Agencies under article 170 of title 12 in accordance with Rule 5005. Only a Natural Medicine Handler Licensee or Owner Licensee may receive Regulated Natural Medicine and Regulated Natural Medicine Product on behalf of a Natural Medicine Business.

D. A violation of any test Rule in this series of rules may be a Level I violation which is the highest severity violation under the penalty Rules. See Rule 9050.

1 CCR 212-3-7-7010

47 CR 17, September 10, 2024, effective 10/1/2024