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Current textSource: eCFR

§ 40.93 What validity tests must laboratories conduct on primary oral fluid specimens?

Current wording, effective June 1, 2023.

eCFR (current) ↗
What changedOct. 1, 2001 wording → June 1, 2023 wording (current)+58 added−77 removedHide

(a) As a laboratory, you must consider the primary specimen to be dilute if theyou creatinineconduct concentrationvalidity istesting lessunder than§ 2040.92, mg/dLyou andmust theconduct specificit gravityin isaccordance lesswith than 1.003, unless the criteriarequirements forof athis substituted specimen are metsection.
(ba) AsYou amay laboratorytest youfor musta considerbiomarker thesuch primaryas specimenalbumin toor beimmunoglobulin substitutedG if(IgG) theor creatininea concentrationtest isfor lessa thanspecific oradulterant.
(b) equalYou tomust 5follow mg/dL and the specificapplicable gravityHHS isrequirements lessfor thanany oradditional equalvalidity to 1testing.001
[88 orFR greater27643, thanMay or2, equal to 1.020.2023]

49 CFR § 40.93 — What validity tests must laboratories conduct on primary oral fluid specimens?. 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-40.93. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.93, on October 26, 2026. Unofficial compilation; verify against the official source.

As a laboratory, if you conduct validity testing under § 40.92, you must conduct it in accordance with the requirements of this section.

(a) You may test for a biomarker such as albumin or immunoglobulin G (IgG) or a test for a specific adulterant.

(b) You must follow the applicable HHS requirements for any additional validity testing.

[88 FR 27643, May 2, 2023]

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [88 FR 27643, May 2, 2023]
  2. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [69 FR 64867, Nov. 9, 2004]
  3. Oct. 1, 2005 → May 2, 2023annual editions 2005–2016diff vs. previous
    [69 FR 64867, Nov. 9, 2004]
  4. Oct. 1, 2001 → Oct. 1, 2005annual editions 2001–2004diff vs. previous
  5. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000

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.