---
kind: "section"
citation: "49 C.F.R. § 40.199"
title: "49"
number: "40.199"
heading: "What problems always cause a drug test to be cancelled?"
url: "https://uscodex.org/cfr/49/40.199"
---

# §40.199. What problems always cause a drug test to be cancelled?

- (a) As the MRO, when the laboratory discovers a “fatal flaw” during its processing of incoming specimens (see [§ 40.83](/cfr/49/40.83.md)), the laboratory will report to you that the specimen has been “Rejected for Testing” (with the reason stated). You must always cancel such a test.
- (b) **The following are “fatal flaws”—**
  - (1) There is no CCF;
  - (2) In cases where a specimen has been collected, there is no specimen submitted with the CCF;
  - (3) There is no printed collector's name and no collector's signature;
  - (4) Two separate collections are performed using one CCF;
  - (5) The specimen ID numbers on the specimen bottle and the CCF do not match;
  - (6) The specimen bottle seal is broken or shows evidence of tampering (and a split specimen cannot be re-designated, see [§ 40.83(h)](/cfr/49/40.83.md?p=h)); or
  - (7) Because of leakage or other causes, there is an insufficient amount of specimen in the primary specimen bottle for analysis and the specimens cannot be re-designated (see [§ 40.83(h)](/cfr/49/40.83.md?p=h)).
  - (8) **For an oral fluid collection, the collector used an expired device at the time of collection.**
  - (9) For an oral fluid collection, the collector failed to enter the expiration date in Step 4 of the CCF and the laboratory confirmed that the device was expired.
- (c) You must report the result as provided in [§ 40.161](/cfr/49/40.161.md).

## Notes

### Amendments

[65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52245, Nov. 13, 2017; 88 FR 27648, May 2, 2023]

### Authority

Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.

### Source

Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.

### Amendments

[65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52245, Nov. 13, 2017; 88 FR 27648, May 2, 2023]