Current through Register Vol. 48, No. 52, December 27, 2024
a) All
licensees shall be subject to inspections at the discretion of the Department
to ensure compliance with the Act.
b) The Department shall provide a minimum of
5 business days' notice to the licensee of the inspection. The notification
shall inform the licensee of the scope and process by which the inspection will
be conducted.
c) Failure to comply
with a properly noticed inspection shall result in the initiation of
disciplinary proceedings pursuant to Section
1200.100.
d) Either the licensee or an agent of the
licensee shall be present for the inspection and sampling and shall provide the
inspector with unrestricted access to all industrial hemp plants, parts, seeds,
and harvested material, including all buildings and other structures used for
the cultivation and storage of industrial hemp and all documents pertaining to
the licensee's industrial hemp cultivation and business.
e) All industrial hemp plants are subject to
sampling and testing to verify that the delta-9 THC concentration does not
exceed 0.3 % on a dry weight basis.
1)
Individual or composite samples of each variety of cannabis may be sampled from
the licensee's land area, including indoor cultivation sites, at the
Department's discretion.
2) A
representative sample will be taken by Department personnel or approved
laboratory personnel.
3) The
sampled material shall be tested by an approved laboratory.
4) Quantitative laboratory determination of
the delta-9 THC concentration on a dry weight basis will be
performed.
5) A sample test result
with a delta-9 THC concentration on a dry weight basis that exceeds 0.3% but is
less than 0.7 % may be retested at the expense of the licensee. A request for a
retest by the licensee must be received by the Department within 3 days after
initial receipt of the original test results by the licensee.
6) All harvested industrial hemp receiving a
sample test result with a delta-9 THC concentration on a dry weight basis that
exceeds 0.3% and is not retested at the request of the licensee shall be
destroyed.
7) All harvested
industrial hemp receiving both a sample test result and a sample retest result
with delta-9 THC concentrations on a dry weight basis that exceeds 0.3% shall
be destroyed.
8) All harvested
industrial hemp receiving a sample test result with a delta-9 THC concentration
on a dry weight basis that equals or exceeds 0.7% shall be destroyed.
9) All harvested industrial hemp awaiting
test results shall be stored by the licensee or processor and shall not be
processed or transported until test results are obtained and the industrial
hemp is released by the Department.
10) Testing of industrial hemp will be
completed by the Department or by a third-party laboratory approved by the
Department pursuant to this Part.
11) Actual cost of testing shall be paid by
the licensee.