Louisiana Administrative Code
Title 7 - AGRICULTURE AND ANIMALS
Part XIII - Seeds
Chapter 13 - Industrial Hemp
Subchapter H - Sampling, Testing, Remediation, and Destruction
Section XIII-1335 - THC Sampling and Testing

1. Licensees shall submit a Harvest Report for each field, greenhouse or indoor growing structure to LDAF prior to harvesting any industrial hemp plants.

2. LDAF will attempt to notify the licensee of the date and approximate time when samples will be collected.

3. The licensee or designated responsible party shall be present during the sample collection.

4. LDAF will collect samples from each plot within any field, greenhouse, or indoor growing structure.

5. LDAF may retain and transport samples of industrial hemp plants and plant parts collected from an industrial hemp licensee as required by the Industrial Hemp Law (R.S. 3:1461 et seq.) and this Chapter.

6. All samples collected by LDAF become the property of the LDAF and are non-returnable. No compensation shall be owed by LDAF for samples collected under this Chapter.

7. The licensee shall not harvest industrial hemp plants or plant parts prior to samples being collected by LDAF.

8. The licensee shall harvest industrial hemp plants or plant parts within 30 days of the sample collection by LDAF, unless an exception is authorized in writing by LDAF. Should a licensee fail to complete harvest within 30 days and no exception was authorized by LDAF, a second sample and test of the plot shall be performed and the licensee shall be assessed an additional testing fee per sample in an amount not to exceed $250 per sample.

1. Industrial hemp lots produced for research purposes may not be subject to sampling and testing requirements outlined in this Section when all of the following requirements are met:

2. LDAF may inspect, sample, and test any industrial hemp plants or plant parts, at any time to ensure compliance with this Chapter.

3. LDAF shall conduct random inspections, including records reviews on research institutions, regardless of whether or not they are subject to the sampling and testing requirements.

1. Quantitative determination of THC levels measured using liquid chromatography with ultraviolet detection (LC-UV) or mass spectral detection if required by matrix interference (LC/MS/MS) shall be the accepted analytical technique to avoid the risk of incomplete decarboxylation, therefore, removing the need for any post-decarboxylation.

2. The testing methodology shall consider the potential conversion of THC-A in industrial hemp into THC and the test result shall measure the total available THC derived from the sum of the THC and THC-A content. Appropriately, the THC-A result will be modified by the molecular weight conversion factor 0.877 prior to summation with THC. The total THC concentration level shall be reported on a dry weight basis.

3. Analytical testing for purposes of detecting the concentration levels of THC shall meet the following standards:

4. All testing of industrial hemp samples shall be conducted by LDAF or by any public postsecondary education institution in which LDAF has entered into a contract, cooperative endeavor agreement, memorandum of understanding, or other agreement for THC testing.

5. The results of the THC analysis shall be reported to the licensee and, if tested by an approved third party laboratory, to LDAF.

6. A notification of analysis shall be issued for samples with a THC concentration that do not exceed the acceptable industrial hemp THC level and no further action shall be required. The plot or harvested plant material from which the sample was obtained shall be released for marketing or further processing.

7. A notification of analysis shall be issued for samples that exceed the acceptable industrial hemp THC level and a licensee may request a resample of any harvested cannabis that has undergone remediation as set forth in §1337 of this Chapter. If no request is made within 10 calendar days of the sample results being reported to the licensee, or the retested sample results exceed the acceptable industrial hemp THC level, then the plot or harvested plant material from which the sample was taken shall be subject to destruction as set forth in §1337

8. A notification of analysis for official LDAF collected samples shall not be released until the licensee has submitted a valid FSA 578 form to LDAF for the lot represented by the sample.

9. No industrial plants or plant parts for which a THC analysis is pending shall be transferred, transported, sold, marketed, or otherwise disposed of until approved by LDAF.