Compilation of Rules and Regulations of the State of Georgia
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE
Chapter 40-32 - HEMP GROWERS AND PROCESSORS
Subject 40-32-2 - HEMP GROWERS
Rule 40-32-2-.03 - Grower Sampling Requirements

Universal Citation: GA Rules and Regs r 40-32-2-.03

Current through Rules and Regulations filed through September 23, 2024

(1) Within 30 days prior to the anticipated harvest of any lot of cannabis plants, the Licensee must have a Department-approved sampling agent collect samples from cannabis plants in the lot for total delta-9 tetrahydrocannabinol concentration level testing.

(a) Notwithstanding any other requirement in these Rules, the following sampling procedures apply to a lot of hemp that is never allowed to flower and that is grown solely to produce cuttings for sale to other licensed growers for propagation:
1. If an official sample taken from such a lot yields an acceptable hemp THC level, the official sample will be deemed sufficient and representative of all additional harvests of cuttings from the same lot within 30 days of the original sample.

2. Cuttings harvested from such a lot more than 30 days after the original sample will require an additional sample, which if yielding an acceptable THC level, will be deemed sufficient and representative of all additional harvests of cuttings from the same lot within 30 days of that subsequent sample.

(2) Sampling will be conducted in accordance with the USDA's most current Sampling Guidelines for Hemp, U.S. Domestic Hemp Production Program, which will be made available on the Department's website at agr.georgia.gov.

(3) The method used for sampling must be sufficient at a confidence level of 95 percent that no more than one percent (1%) of the plants in the sampled lot would exceed the acceptable hemp THC level. The method used for sampling must ensure that a representative sample is collected that represents a homogeneous composition of the lot.

(4) During a scheduled sample collection, the Licensee or an authorized representative of the Licensee must be present at the grow site.

(5) The cannabis material to be collected for sampling will be determined by the Department-approved sampling agent, in accordance with the USDA's most current Sampling Guidelines for Hemp, U.S. Domestic Hemp Production Program.

(6) The Licensee will be responsible for paying all sampling fees. No compensation will be owed by the Department to the Licensee for any such sampling or for any samples collected by the Department-approved sampling agent.

(7) Only samples taken by a Department-approved sampling agent will be considered official samples.

(8) The Department-approved sampling agent(s) must be provided with complete and unrestricted access during business hours to all hemp and other cannabis plants and material, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, or storage of all hemp and other cannabis plants, and all locations listed in the Hemp Grower License.

(9) A Licensee must not harvest any cannabis prior to samples being taken.

(10) Only post-harvest samples may be used for remediated biomass.

O.C.G.A. § 2-23-12.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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