Ariz. Admin. Code § 9-18-101

Current through Register Vol. 30, No. 35, August 30, 2024

Section R9-18-101 - Definitions

In addition to the definitions in A.R.S. § 36-2850, the following definitions apply in this Chapter unless otherwise stated:

1. "Accreditation" means being deemed as technically competent under ISO 17025 by the:

a. American Association of Laboratory Accreditation,

b. Perry Johnson Laboratory Accreditation,

c. ANSI National Accreditation Board,

d. International Accreditation Services, or

e. Commission on Office Laboratory Accreditation.

2. "Acquire" means to obtain through any type of transaction and from any source.

3. "Analyte" means a specific substance for which testing is performed by a marijuana testing facility.

4. "Applicant" means:

a. An individual submitting an application for a marijuana facility agent license;

b. An entity submitting an application for a marijuana establishment license, to change a marijuana establishment license, or for an approval to operate a marijuana establishment; or

c. An individual or entity submitting an application for a marijuana testing facility license, for an approval to test, or for an approval to change parameters.

5. "Batch" means:

a. When referring to cultivated marijuana, a specific lot of marijuana that is uniform in strain, grown from one or more seeds or cuttings that are planted and harvested at the same time, and cultivated under the same conditions;

b. When referring to marijuana products, a specific amount of a marijuana product infused, manufactured, or prepared for sale from the same set of ingredients at the same time; and

c. When referring to a laboratory testing marijuana or a marijuana product according to R9-18-408, a specific set of no more than 20 samples prepared and tested during the same run using the same equipment.

6. "Batch number" means a unique numeric or alphanumeric identifier assigned to a batch by a marijuana establishment when:

a. The batch of marijuana is planted; or

b. The batch of a marijuana product is infused, manufactured, or prepared for sale.

7. "Calendar day" means each day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, statewide furlough day, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, statewide furlough day, or legal holiday.

8. "Change" means:

a. When used in relation to a marijuana facility agent license, adding or deleting information about a marijuana facility agent;

b. When used in relation to a place, moving to a different location;

c. When used in relation to a marijuana establishment license, adding or removing the activities that a licensee is approved to do at the marijuana establishment's retail site, cultivation site, or manufacturing site;

d. When used in relation to parameters, revising a marijuana testing facility's standard operating procedures or quality assurance plan, required in R9-18-409(B), due to:

i. Adding or removing a parameter,

ii. Altering a testing method, or

iii. Using a different instrument for performing a test; and

e. When used in relation to testing results, altering the testing results in any way and for any reason.

9. "Commercial device" means a "commercial device," as defined in A.R.S. § 3-3401, that is licensed or certified according to A.R.S. § 3-3451.

10. "Contaminant" means matter, pollutant, hazardous substance, or other substance that is not intended to be part of marijuana or a marijuana product.

11. "Cultivation site" means the single off-site location where marijuana may be cultivated and processed and where marijuana products may be manufactured for a marijuana establishment.

12. "Current photograph" means an image of an individual, taken no more than 60 calendar days before the submission of the individual's application, in a Department-approved electronic format capable of producing an image that:

a. Has a resolution of at least 600 x 600 pixels but not more than 1200 x 1200 pixels;

b. Is 2 inches by 2 inches in size;

c. Is in natural color;

d. Is a front view of the individual's full face, without a hat or headgear that obscures the hair or hairline;

e. Has a plain white or off-white background; and

f. Has between 1 and 1 3/8 inches from the bottom of the chin to the top of the head.

13. "Dispensary" means the same as "nonprofit medical marijuana dispensary" in A.R.S. § 36-2801.

14. "Dispensary agent" means the same as "nonprofit medical marijuana dispensary agent" as defined in A.R.S. § 36-2801.

15. "Edible food product" means a substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human oral consumption.

16. "Entity" means the same as in A.R.S. § 29-2102.

17. "Inhalable" means intended for use through intake into the lungs of an individual.

18. "Laboratory" means a facility in which testing of a substance is performed through chemical analyses or microbial analyses to determine the level of contaminants in the substance.

19. "License" means the same as in A.R.S. § 41-1001.

20. "Manufacturing site" means the single off-site location where marijuana products may be manufactured and packaged and marijuana and marijuana products stored for a marijuana establishment.

21. "Parameter" means the combination of a particular type of sample with a specific instrument or equipment by which the sample will be tested for a specific analyte or characteristic.

22. "Proficiency testing" means a mechanism to determine the ability of a marijuana facility agent to analyze samples within specific acceptance criteria in which the characteristics of the samples are known by the source of the samples but are unknown to a marijuana testing facility receiving the samples from the source.

23. "Proficiency testing service" means an independent company or other person with ISO/IEC 17043:2010 certification, that:

a. Is the source for samples with known characteristics for proficiency testing, and

b. Assesses the acceptability of the testing results generated by a marijuana facility agent of a marijuana testing facility from the samples with known characteristics during proficiency testing.

24. "Retail site" means the single location at which a marijuana establishment may sell marijuana and marijuana products to consumers, cultivate marijuana, and manufacture marijuana products.

25. "Sample" means:

a. A representative portion of a larger quantity marijuana or a marijuana product,

b. A specific quantity of a substance or set of substances to be used for testing purposes, or

c. To collect the representative portion in subsection (25)(a).

26. "Time/temperature control for safety food" means the same as in the Food Code: 2017 Recommendations of the United States Public Health Service, Food and Drug Administration, §1-201.10.

27. "Topical" means intended for use through application to the surface of the skin of an individual.

28. "Working day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a state holiday or a statewide furlough day.

Ariz. Admin. Code § R9-18-101

Adopted effective April 22, 1988 (Supp. 88-2). Amended by final rulemaking at 12 A.A.R. 3715, effective November 11, 2006 (Supp. 06-3). Amended by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by exempt rulemaking at 27 A.A.R. 696, effective 5/1/2021. Amended by exempt rulemaking at 28 A.A.R. 2481, effective 9/8/2022. Amended by exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023.