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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 changedMay 2, 2023 wording → June 1, 2023 wording (current)+57 added−122 removedHide

LinkAs toa anlaboratory, amendmentif publishedyou atconduct 88validity FRtesting 27643,under May§ 2, 202340.
(a) As a laboratory92, you must considerconduct theit primaryin specimenaccordance towith bethe diluterequirements when:of this section.
(1a) TheYou creatininemay concentrationtest isfor greatera thanbiomarker orsuch equalas toalbumin 2or mg/dLimmunoglobulin butG less than 20 mg/dL, and
(2IgG) Theor specifica gravitytest isfor greater than 1.0010 but less than 1.0030 on a singlespecific aliquotadulterant.
(b) AsYou a laboratory, you must considerfollow the primaryapplicable specimenHHS torequirements befor substitutedany whenadditional thevalidity creatinine concentration is less than 2 mg/dL and the specific gravity is less than or equal to 1testing.0010 or greater than or equal to 1.0200 on both the initial and confirmatory creatinine tests and on both the initial and confirmatory specific gravity tests on two separate aliquots.
[6988 FR 6486727643, Nov.May 92, 20042023]

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.