North Dakota Administrative Code

1. A cannabinoid edible product must be marked, stamped, or otherwise imprinted with the letters "THC" or other marking approved by the department. 2. A cannabinoid edible product may not be covered or coated with sugar, candy, or a flavor enhancing ingredient. With written depar…

Usable marijuana packaging used by a manufacturing facility must be approved by the department. A manufacturing facility shall package all usable marijuana intended for distribution according to the following standards: 1. Usable marijuana containers must be: a. Plain and opaque.…

1. A manufacturing facility shall label all usable marijuana in accordance with the following before their sale or transfer to a dispensary: a. A container holding dried leaves and flowers must include the following information: (1) Manufacturers' business or trade name and regis…

1. All usable marijuana delivered to a dispensary from a manufacturing facility must meet the labeling requirements in section 33-44-01-26. 2. A dispensary shall affix a label to all usable marijuana distributed to registered qualifying patients and registered designated caregive…

All usable marijuana labels affixed by a compassion center must remain on the packaging. The department may revoke or suspend a cardholder's registry identification if the cardholder alters, obliterates, or destroys any label affixed to a usable marijuana package or container. Hi…

1. Transportation of marijuana, usable marijuana, and medical marijuana waste by a manufacturing facility is authorized as follows: a. A manufacturing facility may transport usable marijuana: 23 (1) From its manufacturing facility to a dispensary; (2) From its manufacturing facil…

1. Any compassion center or laboratory transporting marijuana, usable marijuana, or medical marijuana waste shall use a manifest system, approved by the department, to track transportation. The manifest must be in a vehicle transporting marijuana, usable marijuana, or medical mar…

The department, or a department designee, shall conduct inspections of compassion centers to ensure compliance with North Dakota Century Code chapter 19-24.1 and these rules. Compassion centers shall receive the results of an inspection in writing. Issues of noncompliance and con…

1. Upon request, a compassion center shall submit to the department a plan of correction addressing issues of noncompliance and concerns identified during an inspection. 26 2. A plan of correction must include: a. How the corrective action will be accomplished; b. What changes wi…

Data related to usable marijuana dispensed for a registered qualifying patient use must be submitted to the North Dakota prescription drug monitoring program. The department shall submit the data to the prescription drug monitoring program. History: Effective April 1, 2018. Gener…

1. Law enforcement shall notify the department within five business days, using a form developed by the department, if an individual who is not a registered cardholder is found in possession of usable marijuana dispensed pursuant to North Dakota Century Code chapter 19-24.1 or if…

1. Incidents involving overdose or adverse reaction related to the use of usable marijuana must be reported to the department. The department shall provide an electronic form for reporting incidents involving overdose or adverse reactions to the department. 2. Individuals require…

The department may contract with a laboratory or laboratories to conduct random quality sampling testing of a compassion center's marijuana and usable marijuana. The department shall procure the laboratory testing services in accordance with North Dakota Century Code chapter 54-4…

The activities of a department-awarded laboratory include providing laboratory services and related activities, including acquiring, possessing, storing, transferring, and transporting marijuana, usable marijuana, and medical marijuana waste in accordance with North Dakota Centur…

1. Each laboratory agent who performs activities in accordance with North Dakota Century Code chapter 19-24.1 and these rules shall obtain a registry identification card. 2. Upon initial award of a contract, the department shall provide the laboratory a registration form to compl…

An awarded laboratory is subject to random inspection by the department, or a department designee, to ensure compliance with North Dakota Century Code chapter 19-24.1 and these rules. History: Effective April 1, 2018. General Authority: NDCC 19-24.1-22 Law Implemented: NDCC 19-24…

1. A manufacturing facility shall have all usable marijuana tested in accordance with sections 33-44-01-42, 33-44-01-43, and 33-44-01-44 by a laboratory selected by the department as described in section 33-44-01-36. The manufacturing facility shall pay all costs of testing usabl…

1. A manufacturing facility shall provide a laboratory with the following information, at a minimum, prior to the laboratory taking samples: a. The name, address, and contact information of the manufacturing facility; b. Type of usable marijuana; c. Batch numbers to be tested; d.…

A manufacturing facility shall have every batch from a harvest lot of dried leaves and flowers, to be packaged in a container for transfer to a dispensary, tested for the following: 1. Pesticides and degradation compounds in accordance with section 33-44-01-47. 2. Microbiological…

1. A manufacturing facility shall have every process lot of cannabinoid concentrate, to be packaged in a container for transfer to a dispensary, tested for the following: a. Pesticides and degradation compounds in accordance with section 33-44-01-47. b. Microbiological contaminan…

A manufacturing facility shall have every process lot of a medical cannabinoid product, to be packaged in a container for transfer to a dispensary, tested for the following: 1. Pesticides and degradation compounds in accordance with section 33-44-01-47. 2. Microbiological contami…

Upon a manufacturing facility's request, a terpene analysis may be performed by a laboratory selected by the department as described in section 33-44-01-36. The manufacturing facility shall pay all costs associated with a terpene analysis. A manufacturing facility may include ter…

1. For compliance testing of dried leaves and flowers, a manufacturing facility shall separate each harvest lot into no larger than ten-pound batches. 2. For compliance testing of cannabinoid concentrates, a process lot is considered a batch. 3. For compliance testing of medical …

marijuana batches. When samples are taken from a harvest or process lot batch, a manufacturing facility shall: 1. Store and secure the batch in a manner that prevents the product from being tampered with or transferred prior to required tests being completed. 2. Be able to easily…

1. A batch fails pesticide and degradation compound testing if a sample does not satisfy the most stringent acceptable standard for a pesticide chemical residue in any food item as set forth in subpart C of the United States environmental protection agency's regulations for Toler…

1. Usable marijuana required to be tested for microbiological contaminants under sections 33-44-01-42, 33-44-01-43, and 33-44-01-44 must be sampled using appropriate aseptic techniques. 2. For purposes of the microbiological test, a usable marijuana sample is deemed to have passe…

A batch fails heavy metals testing if the presence of one of the following metals, at a minimum, is above the following listed limit: Parts per Million (ppm) Inorganic arsenic 0.4 Cadmium 0.3 Lead 1.0 Mercury 0.2 History: Effective October 1, 2019. 33 General Authority: NDCC 19-2…

1. A batch fails solvent testing if the presence of one of the following solvents, at a minimum, is above the action level listed in the published International Conference on Harmonization of Technical Requirements for Pharmaceuticals for Human Use guidance for industry Impuritie…

1. Dried leaves and flowers to be packaged in a container for transfer to a dispensary, must be tested for: a. Water activity; and b. Moisture content. 2. If a sample has a water activity rate of more than 0.65 aw the sample fails. 3. If a sample has a moisture content of more th…

1. Usable marijuana concentration testing must include: a. Tetrahydrocannabinol (THC). b. Tetrahydrocannabinolic acid (THCA). c. Cannabidiol (CBD). d. Cannabidiolic acid (CBDA). 2. The total tetrahydrocannabinol and total cannabidiol must be calculated as follows: a. Total tetrah…

1. If a sample fails any test, the manufacturing facility may submit a written request to the department for a reanalysis. The request must be received by the department within seven calendar days from the date the laboratory sent notice of the failed test to the manufacturing fa…

1. A laboratory shall report tentatively identified compounds to the manufacturing facility and the department. 2. Following the receipt of a tentatively identified compounds report, the department may initiate an investigation. The investigation may include requiring a sample be…

The department may require, at any time, a manufacturing facility to permit sampling of marijuana, usable marijuana, or medical marijuana waste to determine whether a manufacturing facility is in compliance with North Dakota Century Code chapter 19-24.1 and these rules. Costs of …

1. A manufacturing facility shall develop and follow a written quality control and quality assurance program. The program must be established to protect qualifying patient health and implemented in a manner to assist in complying with testing required in sections 33-44-01-42, 33-…

It is required that plans and specifications be prepared for all water works and sewerage systems contemplated for use by the general public. It is further required that such plans and specifications, together with other pertinent information, be submitted to the department of en…

Plans and specifications shall be submitted to the department of environmental quality in accordance with such directions as the department may promulgate. History: Effective January 1, 2019. General Authority: NDCC 23.1-01-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-0…

Plans and specifications reviewed by the department of environmental quality will be approved only when such plans and specifications fully meet and comply with existing statutes and sanitary standards established by the department of environmental quality. Plans and specificatio…

Water works and sewerage systems constructed for use by the general public must be constructed in accordance with plans and specifications approved by the department of environmental quality. History: Effective January 1, 2019. General Authority: NDCC 23.1-01-03; S.L. 2017, ch. 1…

Nothing in this article is intended to limit the department from using the fund for any purpose consistent with North Dakota Century Code chapter 23.1-10, even if such purpose is not addressed in these rules. History: Effective January 1, 2023. General Authority: NDCC 23.1-10-03 …

The terms used throughout this article have the same meaning as in North Dakota Century Code chapter 23.1-10, except: 1. "Applicant" means any person seeking, by site, the use of environmental quality restoration fund moneys or seeking department approval of a voluntary response …

The director shall approve any use of moneys from the environmental quality restoration fund. Approvable actions include: 1. Assessment. Assessment activities gather information about current conditions at a site. 2. Abatement. Abatement activities are conducted to reduce or remo…

Chapter 33.1-04-02 contains the procedures for using environmental quality restoration fund moneys at sites on the North Dakota environmental priorities list. Generally, at contaminated or potentially contaminated sites not on the North Dakota environmental priorities list, the d…

The department may use the fund for activities to mitigate environmental damage at the location of the release or at another appropriate location where the department determines that harm caused by the release necessitates mitigation. Mitigation locations are not included on the …

The department reserves the right to conduct cost recovery activities in accordance with North Dakota Century Code section 23.1-10-12, where appropriate. Nothing in this article is intended to limit the department's ability to recover costs. History: Effective January 1, 2023. Ge…

The department shall undertake reasonable efforts to identify responsible parties for subject properties, including examining property records, reviewing historical spill information and other documents, conducting site investigations and sampling, and requesting information from…

This chapter contains the procedures the department will generally follow when determining whether to list or delist a site. Such decisions are wholly within the department's discretion and do not convey any legal right or interest to any person. History: Effective January 1, 202…

The department may add a site to the North Dakota environmental priorities list on its own initiative or upon application from a person that is not a responsible person for the site. In determining whether to add a site to the North Dakota environmental priorities list, the depar…