Article 4.5. Commercial Laboratories of California Food And Agricultural Code >> Division 7. >> Chapter 1.5. >> Article 4.5.
The director may accredit a commercial laboratory to test
produce or environmental samples, including air, water, soil, and
plant or animal tissue for regulatory pesticide residue purposes if
the director finds all of the following conditions:
(a) That the department laboratories cannot handle required
testing in a timely manner or that the use of a commercial laboratory
is more cost-effective to the department or a segment of
agriculture.
(b) That the laboratory agrees to and participates in a quality
control oversight program as specified by the director.
(c) That the laboratory's control and analytical protocols meet
criteria established by the director.
(d) That, as part of the quality control oversight program, the
director may conduct unannounced onsite inspections of the laboratory
during normal business hours.
The director may charge a fee for accreditation and quality
control oversight in an amount sufficient to cover the reasonable
costs of carrying out these programs.
The director may refuse to accredit, or may suspend any
accreditation, if the applicant or the accredited laboratory, as the
case may be, does any of the following:
(a) Does not meet, or no longer meets, the requirements stated in
Section 12591.
(b) Fails to perform in accordance with the performance standards
set forth in the quality control oversight program.
Analysis data developed by an accredited laboratory shall be
subject to confirmation by a laboratory of the department prior to
an official regulatory action of the director.
In the event of a dispute of the findings of a chemical
analysis between or among two or more accredited laboratories or
between an accredited laboratory and a laboratory of the department,
an appeal analysis may be requested by letter, telegram, or other
writing to the director. The sample to be analyzed in the appeal
analysis shall be submitted to the headquarters laboratory of the
department at Sacramento. The cost of the appeal analysis, including
any sampling or shipping required, shall be at the expense of the
requesting party. The findings from the appeal analysis are binding
on all parties.