§FMCSR.com
Historical textIn force on Oct. 1, 2008Source: annual CFR editions 2008–2016

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

Wording in the annual edition revised as of Oct. 1, 2008, superseded May 2, 2023.

govinfo, 2008 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2008 edition's wording. An amendment that took effect between Oct. 1, 2008 and Oct. 1, 2008 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2001 wording → Oct. 1, 2008 wording+73 added−92 removedHide

(a) As a laboratory, you must consideruse the primarycutoff specimenconcentrations tofor bethe adulteratedinitial ifand youconfirmation determineadulterant that—
(1)testing Aas substancerequired thatby isthe notHHS expectedMandatory toGuidelines beand presentyou inmust humanuse urinetwo isseparate identifiedaliquots—one infor the specimen;
(2)initial Atest substanceand thatanother isfor expectedthe toconfirmation betest.
(b) presentAs in human urine is identified at a concentrationlaboratory, soyou highmust thatreport itresults isat notor consistentabove withthe humancutoffs urine; or
(3)or Thefor physicalpH, characteristicsat ofor theabove specimenor arebelow outside the normalvalues, expectedas range for human urine.
(bappropriate) Inas makingadulterated yourand determinationprovide underthe paragraphnumerical (a)value ofthat thissupports section, you must apply the criteriaadulterated inresult.
[73 currentFR HHS35970, requirementsJune or25, specimen validity guidance.2008]

49 CFR § 40.95 — What are the adulterant cutoff concentrations for initial and confirmation tests?. Text in force on October 1, 2008. This wording effective October 1, 2008 to May 2, 2023. Source: govinfo, 2008 edition, https://www.govinfo.gov/app/details/CFR-2008-title49-vol1/CFR-2008-title49-vol1-sec40-95. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.95?asof=2008-10-01, 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]

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [73 FR 35970, June 25, 2008]
  2. Oct. 1, 2008 → May 2, 2023annual editions 2008–2016diff vs. previousviewing
    [73 FR 35970, June 25, 2008]
  3. Oct. 1, 2001 → Oct. 1, 2008annual editions 2001–2007diff vs. previous
  4. 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.