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FSA-specific requirements for DTN 106: The use of a drug testing device for the identification of controlled drugs (example section 70)

Published 24 July 2026

70.1. Scope

70.1.1. These FSA-specific requirements accompany FSA-DTN 106 and provide direction on the undertaking of this FSA. These requirements shall be adhered to in order to be compliant with the Code for this FSA.

70.2. General requirements

70.2.1. The SAI shall be accountable for the adoption of a DTD within their forensic unit and is responsible for assuring the Regulator that this FSA is being undertaken as per the compliance requirements.

70.2.2. Each approved DTD shall have a corresponding list of drugs that have been validated for identification using the approved DTD. The drugs that have been validated for each approved DTD may be different. The SAI should consider the intended use of the approved DTD within the forensic unit and the corresponding validated drugs when selecting a DTD to employ for the purposes of this FSA. This includes whether the approved DTD has the ability to test through packaging and whether this is a requirement within the forensic unit. More than one approved DTD may be employed to cover the suite of commonly encountered drug types and intended applications. It is not expected that all suspected drug samples that a forensic unit encounters will be suitable for testing using an approved DTD under this FSA.

70.2.3. Standard Operating Procedures shall be developed for each approved DTD that is used under this FSA. These shall be aligned as a minimum to these SR and should detail additional information particular to that forensic unit. The SOP should also incorporate manufacturer instructions for the use of the device.

70.2.4. The forensic unit should have facility dedicated to the undertaking of this FSA where the environment, storage of equipment and health and safety conditions can be controlled.

70.2.5. This FSA should be undertaken by trained and competent individuals.

70.2.6. Training and competency records shall be maintained for individuals using the DTD as per Training and Competence Requirements for DTN 106: ‘The Use of a Drug Testing Kit for the Identification of Controlled Drugs’.

70.2.7. The organisation is responsible for managing the health and safety risks associated with handling illicit drugs and this FSA and ensuring the FSA is being undertaken in an environment where these risks can be managed appropriately including the provision of any PPE/ Naloxone kits.

70.2.8. The forensic unit is responsible for maintaining DTDs (hardware and software) as per manufacturer instructions, as per any findings from the evaluation study and as per the requirements of the Regulator’s Code.

70.3. A. Identifying the suitability of a suspected controlled drug for testing under this FSA

70.3.1. A visual assessment of the suspected drug/ preparation shall be undertaken and a decision made regarding the suspected drug type and consequently whether it is suitable for testing under this FSA.

70.3.2. The following preparations are excluded from this FSA and shall be analysed under DTN 103:

a. Visible mixtures/ non-homogenous substances

b. Complex concealments e.g. where an extraction step is required

c. Any suspected hazardous non-drug material, including explosives, chemical or biological agents, noxious substances, radiological or nuclear substances

d. Any hazardous preparations such as syringes or other biohazards

e.  Any preparation not stipulated by the manufacturer as being suitable for the DTD.

70.3.3. As a visual assessment must be undertaken of the suspected drug material, a test cannot be performed through packaging where the drug material is not visible. Therefore, only clear packaging (such as a grip seal clear plastic bag) can be considered for through-barrier testing. Only DTDs which have been approved for through-barrier testing can be used in this scenario.

70.3.4. The quantity and appearance of the suspected drug item(s) shall be assessed for suitability of testing under this FSA:

a.  Multiple packages/ bags of suspected controlled drug where each need be opened and tested or very large quantities of suspected controlled drug, analysis under DTN 103 may be more appropriate.

b.  Any preparation or form that is unusual or not expected for that drug type shall be sent for full analysis under DTN 103.

c.   Any preparation or material that has not been encountered by the tester where the risks are unknown or unmanageable shall be analysed under DTN-103.

d.  Any sample less than 100mg is not suitable for testing under this FSA (to be estimated visually if weighing is not undertaken).

70.3.5. Pharmaceutical preparations may be tested under this FSA if approved through the validation, but consideration should be made for the potential low concentration of the active pharmaceutical ingredient affecting the results.

70.4. B. Preparing for testing

Selecting the device

70.4.1. Once a substance/ preparation has been visually identified as suitable for testing using a DTD as per ‘A’, the most suitable approved DTD for that drug type shall be selected for testing:

a. The suspected drug shall be on the list of validated drugs for that DTD

b.  The form of the sample (including sample preparation, matrix and colour) shall be suitable for testing as per the manufacturer’s instructions.

c.   If the test is being undertaken through clear packaging (as per 70.3.3) then the DTD shall have been approved for through-barrier testing.

70.4.2. Forensic Units may employ more than one type of approved DTD and the most appropriate DTD should be selected for each individual test based on the visual appearance of the suspected drug. If upon testing the drug is determined to not be as initially suspected, or a drug that has not been validated for that DTD, then the test may be repeated using a DTD that is validated for that drug as long as the requirements of 70.4.1 are met.

70.4.3. A DTD shall only be selected for testing if the individual has been trained in the use of that DTD.

Environmental

70.4.4. This FSA should be undertaken in a dedicated facility. Where this is not possible, for example during planned operations/ operational deployments where rapid results are required, the risks of contamination shall be assessed and managed.

70.4.5. The environment shall be assessed for contamination risk and actions taken to minimise this risk. The area should be cleaned with a solvent that does not interfere with the result of the test. Where there is a high risk of contamination, consideration should be made to changing the location where the test is undertaken.

70.4.6. The DTD should be cleaned before and after every use in line with the manufacturer’s instructions. A cleaning record should be maintained for each DTD, which can be part of contemporaneous notes.

70.4.7. Where the location for testing under this FSA is constant, for example there is a dedicated laboratory or room, this shall be kept as clean as possible and efforts made to reduce and eliminate the risk of contamination.

70.4.8. The DTD shall be checked to ensure it is working correctly according to the manufacturer’s instructions prior to a test being undertaken. This includes background checks and calibration requirements. The test shall not be undertaken until these background checks and calibration requirements have been met.

70.5. C. Selecting a portion of the suspected controlled drug for testing

Developing a testing strategy

70.5.1. The exhibit for testing shall be visually assessed to identify any visually distinguishable differences e.g. brown and white powders, black plastic and clear plastic film wrapping.

70.5.2. A testing strategy should be developed to ensure a suitable portion of each visually distinguishable material is tested, in line with the intended purpose of the test, for example, possession only, threshold or intelligence.

Sampling

70.5.3. When the portion of material to be tested has been selected, a decision shall be made as to whether a sample is required to be taken or if the test can be carried out directly on the portion (for example point and shoot devices).

70.5.4. Where a test can be carried out directly on the portion then this shall be undertaken in line with manufacturer’s instructions.

70.5.5. To avoid any cross-contamination, where a sample is required to be taken:

a.  A clean spatula or loading device shall be used to select a sample of the substance to be tested.

b.  The sample shall be a quantity that is as stipulated as appropriate for the test according to the manufacturer’s instructions/ training.

c. The sample selected shall be visually homogenous.

d.  The sample shall be presented to the DTD according to the manufacturer’s instructions.

e.  Any receptacle used to contain the sample shall be cleaned prior to use if not single use.

70.6. D. Testing of the suspected controlled drug using the DTD

70.6.1. The test should be undertaken in accordance with the manufacturer provided instructions for the DTD and the individual’s training.

70.6.2. The test should be undertaken twice and if conflicting results are achieved, a third time.

70.6.3. Software shall be updated as soon as an update becomes available. If a software update is in process, then the DTD shall not be used until the update is complete (excluding library updates).

70.6.4. If the DTD is outside any of its required operating parameters (e.g. has a discontinued operating system, or is past its expiry date) it shall not be used.

70.7. E. Interpretation of the result from the test

Interpretation of Result

70.7.1. Once the test has been completed the result(s) shall be interpreted as per the manufacturer’s instructions and training of the DTD.

70.7.2. Only results for drugs which have been approved for that DTD (according to the Technical Specification for DTN 106: The Use of a Drug Testing Kit for the Identification of Controlled Drugs) shall be used.

70.7.3. The DTD may present results in a variety of ways including but not limited to:

a. A single match result

b. A list of possible matches with or without probabilities

c. A spectral match

d. A visual result (e.g. colour change or immunoassay result)

70.7.4. The interpretation of the result should consider:

a. The expected result

b. The ranking of the results from a list, which can include probabilities.

c. Mixture searches

d. The possible effect of purity on the result

e.  Nomenclature variation of drugs (e.g. possible differences in naming convention IUPAC/ street names).

70.7.5. The limitations of the DTD and the reference library shall be considered when interpreting results, e.g. the potential for drugs which are not present to appear as low ranked or low probability matches.

70.7.6. The DTD has a minimum purty cut-off level below which the drug will not be detected so as to not detect low purity or contaminated samples. This should be considered when interpreting possible results.

70.7.7. Where a DTD displays a match result it may be useful to attach a sticker or printed label to the device for clarity that this does not relate to the purity.

70.7.8. Spectral subtractions and mixture interpretation, where the DTD allows, shall not be used to account for contamination on the DTD or in the environment.

70.7.9. Critical thinking shall be applied to the results generated by DTD. If there are any discrepancies with the appearance or reason to suspect an inaccurate result, the test should be repeated and/or tested under DTN 103. For example, a negative result may not mean the drug is not present and testing under DTN 103 may be appropriate.

70.7.10. Consideration should be made for the potential for the drug to be misidentified. For example, for a Novel Psychoactive Substance with complex structure and the possibility of misidentification and resulting misclassification, a definitive identification under DTN 103 may be required.

70.7.11. The interpretation of the result shall be made in consideration to the limitations of the test (as per Training and Competence Requirements for DTN 106: The Use of a Drug Testing Kit for the Identification of Controlled Drugs).

70.8. F. Recording and reporting the result

Recording

70.8.1. There shall be contemporaneous recording of results such that these can be referred to as an accurate account of the test at a later date. Photography may be a useful record.

70.8.2. The following shall be recorded as a minimum:

a. The date and location of the test

b. The name of the individual undertaking the test

c. Any identifying references for the sample such as exhibit/ police references

d. Description of the tested substance including type, colour and packaging

e. The DTD used including model/ serial and batch numbers

f. Confirmation of background checks prior to testing

g.  The observations from the test and interpretation to form the result/ identification

h. Confirmation of scale checks prior to weighing (if applicable)

i. The tentative weight (if applicable).

Identifying the legal classification of the drug

70.8.3. The forensic unit is responsible for ensuring the relevant classification of controlled drug according to the Misuse of Drugs Act 1971 (as amended) is available to all individuals undertaking this FSA to ensure accurate legal classification is included on the report.

Reporting

70.8.4. If the result of the DTD test is to be used in the Criminal Justice System, a declaration of compliance or non-compliance to the Regulator’s Code of Practice shall be made in the report. This includes the following reports:

a. SFRs (MG22B and MG22C)

b. Factual reports (e.g. MG22D)

70.8.5. The report shall include a declaration of compliance or non-compliance to the Regulator’s Code as follows or in substantially similar terms:

70.8.6. “I confirm that to the best of my knowledge and belief, I have complied with the requirements of FSA-DTN 106 in the Code of Practice [insert version] published by the statutory Forensic Science Regulator. The reported identification is the result of a DTD using [insert make and model of DTD].”

or

70.8.7. “I confirm that to the best of my knowledge and belief, I have not complied with the requirements of FSA-DTN 106 in the Code of Practice [insert version] published by the statutory Forensic Science Regulator. The reported identification is the result of a DTD using [insert make and model of DTD]. The details of this non-compliance are included to the best of my knowledge and belief in annex [x], with details of the steps taken to mitigate the risks associated with non-compliance.”

70.8.8. Where a declaration of non-compliance has been made then the mitigations to the non-compliance shall be outlined in the Annex. Further guidance on making declarations under the Regulator’s Guidance on Declarations ‘FSR-GUI-0001’.

70.9. G. Estimating the weight of the sample/ seizure

70.9.1. An estimated weight can be determined under this FSA provided it is indicated and declared as such on any reports/statements.

70.9.2. An estimated weight can be determined for the sample of seizure and shall be declared as such.

70.9.3. The provision of an estimated weight under this FSA shall:

a.  Use scales that are capable of accurately weighing the quantity involved.

b.  Use scales that have been checked as working prior to use, e.g. by using a check weight that is appropriate to the weight range being assessed.

c.   Use scales that have been tared to zero before weighing including the use of any receptacle for weighing.

d.  Not include packaging where it is possible for this to be removed where practically where possible. If the packaging is weighed this shall be reported as a gross weight and ideally photographed.

70.10. Ongoing quality assurance

70.10.1. The DTD shall be serviced and maintained in line with the manufacturer’s requirements. Failure to do so renders any test undertaken with the DTD non-compliant to the Code until this is resumed.

70.10.2. Quality assurance per DTD shall be performed by having confirmatory analysis of suspected drug material that is tested using the DTD undertaken by a Forensic Science Provider under DTN 103 at a minimum once every three months, ensuring quality assurance of the range of drugs being tested using DTDs. Threshold tests for supply cases which are further analysed under DTN 103 would count toward this requirement. Any issues identified through quality assurance testing should be reported to the Regulator as a non-conformance.

70.10.3. Quality assurance testing shall be undertaken following a software/ firmware update to ensure the validity of results.

70.10.4. Forensic Units should consider what data collection may support ongoing quality assurance of DTDs, including maintaining a log of tests undertaken that can be accessed and reviewed at a later date.

70.10.5. Before deployment of a new DTD, a minimum of one verification test shall be undertaken per approved drug, to check the functioning of the DTD prior to first use. This can be through:

a. confirmatory analysis under DTN 103

b. comparison to the result from another approved DTD

70.10.6. This should be recorded so that it is accessible to users of the DTD.

70.10.7. Batch testing for single use DTDs (such as colour change or immunoassay) shall be undertaken.

70.10.8. Collaborative exercises and/ or Proficiency Testing shall be undertaken, where possible, to check the efficacy of the kits and the process. Any unexpected results or issues identified through such a scheme shall be reported to the Regulator as a non-conformance.

70.11. Validation of additional DTDs/drugs

70.11.1. If additional drugs and DTDs require validation following the initial validation testing, shall be undertaken as per the Technical Specification and does not affect DTDs and drugs which have been approved by previous validation testing, as long as the verification testing has been undertaken successfully.