Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: Establishes the requirement of inspections,
samples to be collected for analysis, issuance of search warrant, powers of the
director during investigation or hearing, and reporting of violations to the
prosecuting attorney.
(1) For
the purposes of enforcing the provisions of sections
195.207,
RSMo and 261.265, RSMo, and
2
CSR 70-14.005-2
CSR 70-14.190, the director may enter any premises at
reasonable times where hemp and/or hemp extract is produced and/or distributed,
in order to inspect, investigate, observe, sample, audit, detain, seize, or
embargo.
(A) Before undertaking such
inspection, the director shall present the license holder or person in charge
of the premises or facility, appropriate credentials and a notice of inspection
detailing the reason for the inspection.
(B) If any samples are collected, prior to
leaving the premises or facility, the director shall give the license holder or
person in charge a receipt describing the samples obtained.
1. A representative composite sample(s) of
hemp shall be collected and delivered to an approved laboratory for analysis of
the concentration level of tetrahydrocannabinol (THC).
A. The licensed cultivation and production
facility will be responsible for paying the costs of laboratory analysis for
each representative composite hemp sample analyzed.
B. If the results of analysis report
indicates greater than three-tenths of one percent (0.3%) THC by dry weight
basis or the percent based on a dry weight basis determined by the federal
Controlled Substances Act under 21 U.S.C. Section 801 et seq., a duplicate
sample will be analyzed at the expense of the licensed cultivation and
production facility.
C. If the
results of analysis report for the duplicate sample indicates greater than
three-tenths of one percent (0.3%) THC by dry weight basis or the percent based
on a dry weight basis determined by the federal Controlled Substances Act under
21 U.S.C. Section 801 et seq., the cultivation and production facility license
holder may request an additional analysis on a triplicate sample to be
conducted by a different independent third-party laboratory approved by the
director.
D. If the results of a
majority of all analysis reports indicate greater than three-tenths of one
percent (0.3%) THC by dry weight basis or the percent based on a dry weight
basis determined by the federal Controlled Substances Act under 21 U.S.C.
Section 801 et seq., the hemp crop identified by lot number will be deemed as
unusable and considered as hemp waste and placed under a stop sale, use or
removal order issued by the director.
(I) The
cultivation and production facility must handle the hemp waste in accordance
with
2 CSR
70-14.140.
2. Representative sample(s) of hemp extract
may be collected and delivered to an approved laboratory for analysis for the
detection of pesticide active ingredients.
A.
The licensed cultivation and production facility or cannabidiol oil care center
will be responsible for paying the costs of laboratory analysis for each
representative sample(s) of hemp extract analyzed.
B. If the results of analysis report
indicates a positive detection of any pesticide active ingredient, a duplicate
sample from the same batch will be analyzed at the expense of the cultivation
and production facility.
C. If the
results of analysis report for the duplicate sample indicates a positive
detection of any pesticide active ingredient, the hemp extract will be deemed
as unusable and considered as hemp extract waste and placed under a stop sale,
use, or removal order issued by the director.
(I) The cultivation and production facility
must handle the hemp waste in accordance with
2 CSR
70-14.140.
(2) If the director is denied
access to any land or building located on the premises of the facility where
such access was sought for the purposes set forth in this rule, the director
may apply to any court of competent jurisdiction for a search warrant
authorizing access to that land, premises, or facility for the purposes
identified in this rule. The court may issue a search warrant for the purposes
requested upon probable cause being shown.
(3) The director may in the conduct of any
investigation or hearing authorized or held by him/her-
(A) Examine, or cause to be examined, under
oath, any person;
(B) Examine, or
cause to be examined, the hemp monitoring system data or records required to be
kept and maintained in accordance with the act or any regulation issued
thereunder;
(C) Hear such testimony
and take such evidence as will assist him/her in the discharge of his/her
duties under the act; and
(D)
Administer or cause to be administered oath.
