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Current textSource: eCFR

§ 40.89 What are the adulterant cutoff concentrations for initial and confirmation urine tests?

Current wording, effective June 1, 2023.

eCFR (current) ↗
What changedOct. 1, 2001 wording → June 1, 2023 wording (current)+83 added−67 removedHide

(a) SpecimenAs validitya testinglaboratory, isyou must use the evaluationcutoff ofconcentrations for the specimeninitial toand determineconfirmation ifadulterant ittesting isas consistentrequired withby normalthe humanHHS urine.Mandatory TheGuidelines purposeand ofyou validitymust testinguse istwo toseparate determinealiquots—one whetherfor certainthe adulterantsinitial ortest foreignand substancesanother werefor addedthe toconfirmation thetest.
(b) urineAs a laboratory, ifyou must report results at or above the urinecutoffs was(or dilutedfor pH, at or ifabove or below the specimenvalues, wasas substituted.
(bappropriate) Asas aadulterated laboratory,and youprovide arethe authorizednumerical tovalue conductthat validitysupports testingthe adulterated result.
[6573 FR 7952635970, Dec.June 1925, 2000,2008. asRedesignated amended at 6688 FR 4195127643, Aug.May 92, 20012023]

49 CFR § 40.89 — What are the adulterant cutoff concentrations for initial and confirmation urine tests?. Text current through October 22, 2026. This wording effective June 1, 2023 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-40.89. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.89, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) As a laboratory, you must use the cutoff concentrations for the initial and confirmation adulterant testing as required by the HHS Mandatory Guidelines and you must use two separate aliquots—one for the initial test and another for the confirmation test.

(b) As a laboratory, you must report results at or above the cutoffs (or for pH, at or above or below the values, as appropriate) as adulterated and provide the numerical value that supports the adulterated result.

[73 FR 35970, June 25, 2008. Redesignated at 88 FR 27643, May 2, 2023]

Amendment history

4 distinct wordings on file since Oct. 1, 2001
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [73 FR 35970, June 25, 2008. Redesignated at 88 FR 27643, May 2, 2023]
  2. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, Aug. 9, 2001; 73 FR 35970, June 25, 2008]
  3. Oct. 1, 2008 → May 2, 2023annual editions 2008–2016diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, Aug. 9, 2001; 73 FR 35970, June 25, 2008]
  4. Oct. 1, 2001 → Oct. 1, 2008annual editions 2001–2007
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, Aug. 9, 2001]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.