49 CFR 40.107
Invalid tests.
An alcohol test using a non-evidential screening device shall be invalid under the following circumstances:
(a) With respect to a test conducted on a saliva device—
(1) The result is read before two minutes or after 15 minutes from the time the swab is inserted into the device;
(2) The device does not activate;
(3) The device is used for a test after the expiration date printed on its package; or
(4) The STT fails to note in the remarks section of the form that the screening test was conducted using a saliva device;
(b) With respect to a test conducted on any non-evidential alcohol testing device, the STT has failed to note on the remarks section of the form that the employee has failed or refused to sign the form following the recording on the form of the test result.