A. All licensed
hemp lots may be subject to sampling to verify that the total THC concentration
of the hemp variety or strain planted does not exceed the acceptable hemp THC
level. Sampling is required unless the hemp is grown exclusively for
microgreens, immature plants for human or animal food or feed, seedlings or a
Department approved variety or strain that meets the requirements for
performance based sampling, including:
1.
Varieties that have consistently demonstrated to result in compliant hemp
plants;
2. When a producer is
conducting research on hemp and the plants will not enter commerce or will be
destroyed; and
3. When a producer
has consistently produced compliant hemp plants over an extended period of
time.
B. The grower
licensee will be notified prior to inspection and sampling. During inspection
and sampling, the licensee or an authorized representative must allow complete
and unrestricted access to all hemp plants within the licensed growing
area.
C. Unless exempted by Section
IV(A), all hemp lots
must be sampled prior to harvest. If a lot has not been sampled within 30 days
prior to the intended harvest date, the licensee must notify the Department of
the intent to harvest the hemp lot and allow for sampling.
D. All hemp plants within each lot may be
sampled to ensure compliance with all the requirements of this chapter.
1. Each sample will be divided into two
parts. One part will be used for testing, and the other retained for
retesting.
2. Quantitative
laboratory determination of the total THC concentration on a dry weight basis
will be performed.
3. A sample test
result greater than 0.3% total THC or as otherwise defined in federal law shall
be prima facie evidence that at least one Cannabis sativa L.
plant or part of a plant in the licensed growing area contains THC above the
allowable limit and the licensee is therefore not in compliance. Such a result
shall be grounds to suspend or revoke the hemp license, subject to an
opportunity for the licensee to request a hearing. Any request for a hearing
must be made to the Department, in writing, within 10 days of the receipt of
the sample test result. Sample test results may be provided to the appropriate
law enforcement agencies.
4. The
grower licensee may request a retest of the retained portion of the sample. Any
request for retesting must be made to the Department, in writing, within 10
days of the receipt of test results. The grower licensee must pay all analysis
costs and shipping fees associated with the retest. If a retest is conducted,
the results of the retest shall be final.
5. Upon completion of testing, any remaining
samples will be destroyed 10 days after receipt of test results.
6. If a harvested lot exceeds the total THC
limit, then the ISO 17025 accredited laboratory shall send the certificate of
analysis containing the result within 24 hours of completing the lot test to
the Department by electronic mail.
7. The Department will provide the
certificate of analysis for the harvested lot to the licensed grower and
request the licensee respond within 48 hours by providing a proposed action
plan for disposal, destruction, or remediation of the non-compliant hemp
crop.
8. The proposed action plan
for disposal and destruction of harvested lot(s) will be reviewed and approved
by the Department prior to implementation.
9. Failure to respond to the Department
within 48 hours as required by chapter 274 section
IV(D)(7) above may
be enforced as a civil violation and shall be grounds for license suspension or
revocation.
10. A harvested lot
exceeding the acceptable potency level shall not be processed into hemp
concentrate or used to formulate hemp products or hemp-infused products.
Concentrate, products or infused products created from such a harvest lot may
result in the required disposal or destruction of those concentrates or
products.
11. The grower licensee
is responsible for the full cost of disposal, destruction and/or remediation.
