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 40-32-3 - HEMP PROCESSORS
Rule 40-32-3-.04 - Processor Laboratory Testing

Universal Citation: GA Rules and Regs r 40-32-3-.04

Current through Rules and Regulations filed through September 23, 2024

(1) Standard testing procedures are specified for samples taken to measure the total delta-9 tetrahydrocannabinol (THC) concentration levels of those samples.

(2) Analytical testing for purposes of detecting the concentration levels of total delta-9 tetrahydrocannabinol (THC) must be conducted and reported by a laboratory registered with DEA to handle controlled substances under the Controlled Substances Act (CSA), 21 CFR part 1301.13.

(3) Analytical testing for purposes of detecting the concentration levels of total delta-9 tetrahydrocannabinol (THC) must be conducted in accordance with the Department's Sampling and Testing Guidelines for Hemp Processing Facilities, which will be made available on the Department's website at agr.georgia.gov. Such testing must meet the following standards:

(a) Laboratory quality assurance must ensure the validity and reliability of test results;

(b) Analytical method selection, validation, and verification must ensure that the testing method used is appropriate (fit for purpose) and that the laboratory can successfully perform the testing;

(c) The demonstration of testing validity must ensure consistent, accurate analytical performance;

(d) Method performance specifications must ensure analytical tests are sufficiently sensitive for the purposes of the detectability requirements of this Rule; and

(e) Implement effective disposal procedures for non-compliant samples that do not meet the acceptable hemp THC level.

(4) At a minimum, analytical testing of samples for total delta-9 tetrahydrocannabinol concentration levels must use post-decarboxylation or other similarly reliable methods approved by the Secretary or Commissioner. The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol (THC) and the test result reflect the total available THC derived from the sum of the THC and THC-A content. Testing methodologies meeting the requirements of this paragraph include, but are not limited to, gas or liquid chromatography with detection.

(5) The total delta-9 tetrahydrocannabinol concentration level must be determined and reported. Additionally, measurement of uncertainty (MU) must be estimated and reported with test results. Laboratories must use appropriate, validated methods and procedures for all testing activities and evaluate measurement of uncertainty.

(6) Any hemp products yielding an official sample test result exceeding the acceptable hemp THC level, must not enter the stream of commerce and the Permittee must dispose of the hemp products in accordance with these Rules.

(7) Measurement of uncertainty (MU) must be estimated and reported with test results. Laboratories must use appropriate, validated methods and procedures for all testing activities and evaluate measurement of uncertainty.

(8) Each Processor must ensure that the DEA-registered laboratory conducting the analytical testing of the sample(s) from the Processor's product lots submits results for all tested samples to the Department via e-mail to hemp@agr.georgia.gov. Laboratories are only required to submit the results of tests performed to comply with Rule 40-32-3-.04(3). Laboratories are not required to report test results from informal testing conducted by Permittees. The test results must be reported using the Department's "Processor Laboratory Test Results Report" form and must contain the following information for each sample tested:

(a) Georgia Processor Permit number;

(b) Name of Processor;

(c) Business address of Processor;

(d) Lot identification number for the sample;

(e) Name and DEA registration number of the laboratory;

(f) Date of test and report;

(g) Identification of a retest;

(h) Measurement of uncertainty (MU); and

(i) Test result.

(9) The Permittee will be responsible for paying all testing fees. No compensation will be owed by the Department to the Permittee for any such testing.

O.C.G.A. §§ 2-2-9; 2-23-1 et seq.

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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