Current through Register 1531, September 27, 2024
(1) Hemp that is
produced for Research is not subject to the sampling requirements in 330 CMR
32.05; provided that the Licensed Researcher adopts and carries out an approved
alternative sampling method that can ensure, at a confidence level of 95% or
greater, that the Hemp subject to this alternative method will not test above
the Acceptable Hemp THC level as approved by MDAR and in accordance with the 7
CFR Part 990, as amended.
(2) All
Hemp for Production is subject to testing and inspections as set forth in 330
CMR 32.05.
(3) No Licensee shall
harvest any Crop for Production prior to samples being collected by the
Department.
(4) Any Crop for
Production must be sampled by the Department before it can be certified as
Hemp.
(5) Any Licensee seeking
certification of Hemp for Production shall contact the Department no later than
21 days prior to the anticipated start of harvest to schedule regulatory
sampling for THC testing using a form prescribed by the Department.
(a) The Licensee or an authorized
representative shall be present at the Site while samples are
collected.
(b) one sample shall be
collected by a Sampling Agent for each Lot produced in accordance with 7 CFR
Part 990, as amended. Licensees may not collect their own regulatory samples.
(c) Lots must be tested individually and should be clearly separated and marked
in the field. (d) The Licensee shall harvest the entire Lot within 30 days of
the Department's collection of samples. Lots shall not be partially harvested
without a waiver as determined by 330 CMR 32.05(4)(e).
(e) If the Crop, or any portion of the Crop
cannot be harvested with 30 days of sample collection due to weather, equipment
failure, or other extenuating circumstances, the Department must be contacted
prior to the expiration of the 30-day harvest period. At that time, the
Department will evaluate the circumstances and make a determination, in its
sole discretion, as to whether additional time to harvest will be allowed. Any
additional harvest time granted by the Department shall be in writing and
subject to the following conditions:
1. The
Department must collect a new preharvest sample of the Crop at the expense of
the Licensed Producer. Additional preharvest testing will count toward the two
allowable crop retests.
2. If any
portion of the Crop was harvested within 30 days, it must be held and
designated as a separate Lot until test results have been received;
and
3. No Crop shall be certified
as Hemp if it is harvested more than 30 days after the collection of a valid
preharvest sample.
(f)
All harvested Lot(s) must be held on Site until a Hemp Certificate is issued by
the Department.
(g) Harvested Lots
may not be comingled or combined until a Hemp Certificate is issued by the
Department for the Lot.
(h) If
sample results show Acceptable Hemp THC Levels, then a Hemp Certificate will be
issued by the Department. Upon receipt of a Hemp Certificate, the Hemp Lots
that have been certified may be combined or removed from the Site(s).
(i) If sample results show THC levels exceed
the Acceptable Hemp THC Levels, a second round of sampling may be conducted by
the Department upon request of the Licensee. The sample may be taken from
intact floral material, or the Crop may be Remediated in accordance with 330
CMR 32.05(6) prior to the second round of sampling.
(j) If sample results from the second round
of sampling show THC levels exceed the Acceptable Hemp THC Levels, a third
round of sampling may be conducted by the Department upon request of the
Licensee. The sample may be taken from intact floral material, or the Crop may
be Remediated prior to the third round of sampling in accordance with 330 CMR
32.05(6).
(k) If sample results
from the third round of sampling show THC levels exceed the Acceptable Hemp THC
Levels, the Crop must be destroyed in accordance with 330 CMR 32.05.
(l) Any request for a second or third round
of sampling must be made to the Department within ten days of receipt of
results and completed within 30 days.
(m) The Licensee shall be responsible for the
costs incurred with any second or third round of sampling conducted by the
Department.
(6)
Remediation of Crops That Exceed Acceptable Hemp THC
Levels.
(a) Crops may be
Remediated before the second or third round of sampling.
(b) The Department must be notified of the
intent to Remediate any non-compliant Crop prior to any Remediation activity to
ensure that it is done in a Department-approved manner.
(c) Any Remediation must adhere to the
following specifications:
1. Remediation must
take place at the Site and Crops may not be moved off-Site before Remediation
takes place.
2. Remediation may
occur by one of the following ways:
a.
removing and destroying flower material, while retaining stalk, stems, and leaf
material; or
b. Shredding the
entire plant into a bio-mass like material; or
c. An alternative MDAR and USDA approved
method.
(d)
Any Remediated material including shredded biomass material, retained stalk,
stems, leaf material or seeds must be retested by the Department as set forth
in 330 CMR 32.05(3) to ensure compliance.
(e) Any Remediated Crop that cannot be
certified by the Department as Hemp must be destroyed in accordance with 330
CMR 32.05(5).
(7)
Disposal of Crops.
(a) Any Crop that is tested by the Department
with THC levels in excess of Acceptable Hemp THC Levels shall be destroyed
within 30 days of notification of the final test results in a method approved
by the Department under its supervision and shall not be used for any
purposes.
(b) The Department must
be notified of the intent to dispose nonconforming plants or plant parts prior
to disposal.
(c) Licensees under
330 CMR 32.03(6) shall ensure the disposal of all noncompliant Crops in
accordance with 330 CMR 32.05. Only Licensees registered with DEA to handle
marijuana may keep Crops that test over the Acceptable Hemp THC level to the
extent permitted by DEA.
(8) Lots that do not meet the testing or
Remediation requirements and which are not certified as Hemp by the Department
may not be further handled, processed, or enter the stream of commerce and must
be disposed in accordance with 330 CMR 32.05(7).
(9) No Crop, or any portion thereof, may be
transported from the Site covered by the License without a copy of the Hemp
Certificate issued by the Department. The Licensed Producer must ensure that a
copy of the Hemp Certificate stays with the Crop at all times and accompanies
all shipments of the Crop.
(10) Any
Crop voluntarily destroyed or disposed of as a result of poor plant health,
pests, disease, or weather events, along with removal of male or hermaphrodite
plants as part of a cross-pollination prevention plan, are not subject to the
disposal requirements herein.
(11)
The Department, may at its sole discretion, witness the destruction of any Crop
whether such destruction is done so voluntarily or at the direction of the
Department.
