North Dakota Administrative Code

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…

1. The department may add eligible sites to the North Dakota environmental priorities list on a case-by-case basis. 2. The department shall complete a priority determination for a listed site. Sites that the department determines have a higher potential for environmental harm gen…

The department may remove sites from the North Dakota environmental priorities list based on new information or revision of department priorities. Delisting does not relieve any person liable from the responsibility to complete corrective action or from compliance with any enviro…

The environmental quality restoration fund may be used to fund approvable actions at listed sites. The department has discretion to determine the amount of funding that will be used at a site and types of approvable actions that will be funded. The department may seek cost recove…

The department may enter into a cost-sharing agreement with an owner of a listed site that is not a responsible party. Cost-sharing agreements involve the site owner conducting department-approved activities and receiving partial reimbursement from the department for the costs of…

It is the purpose of this article to state such requirements as shall be applied in the use of all sources of ionizing radiation within North Dakota. This article provides for the protection of public health and maximum safety to all persons at, or in the vicinity of the place of…

Except as otherwise specifically provided, this article applies to all persons who receive, possess, use, transfer, own, or acquire any source of radiation, provided; however, that nothing in this article shall apply to any person to the extent such person is subject to regulatio…

The department of environmental quality has been authorized to provide and administer this article under the provisions of North Dakota Century Code chapter 23.1-03. History: Effective January 1, 2019. General Authority: NDCC 28-32-02; S.L. 2017, ch. 199, § 1 Law Implemented: NDC…

As used in this article, these terms have the definitions set forth below. Additional definitions used only in a certain section will be found in that section. Terms not defined in this article shall have the meaning given them in North Dakota Century Code chapter 23.1-03. 1. "Ab…

1. General provision. The department may, upon application therefore or upon its own initiative, grant such exemptions or exceptions from the requirements of this article as it determines are authorized by law and will not result in undue hazard to public health and safety or pro…

Each licensee and registrant shall maintain records showing the receipt, transfer, and disposal of all sources of radiation. Additional record requirements are specified elsewhere in this article. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04; S.L. 2017, …

1. Each licensee and registrant shall afford the department at all reasonable times, opportunity to inspect sources of radiation and the premises and facilities wherein such sources of radiation are used or stored. 2. Each licensee and registrant shall make available to the depar…

Each licensee and registrant shall perform upon instructions from the department or shall permit the department to perform such reasonable tests as the department deems appropriate or necessary including tests of: 1. Sources of radiation. 2. Facilities where sources of radiation …

The department may, by rule or order, impose upon any licensee or registrant such requirements in addition to those established in this article as it deems appropriate or necessary to minimize danger to public health and safety or property. History: Effective January 1, 2019. Gen…

An injunction or other court order may be obtained prohibiting any violation of any provision of North Dakota Century Code chapter 23.1-03 or any rules or order issued thereunder. Any person who violates any provision of North Dakota Century Code chapter 23.1-03 or any rule or or…