Missouri Code of State Regulations
Title 2 - DEPARTMENT OF AGRICULTURE
Division 70 - Plant Industries
Chapter 17 - Industrial Hemp
Section 2 CSR 70-17.100 - Sampling Requirements and Results of Analysis

Universal Citation: 2 MO Code of State Regs 70-17.100

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: This rule explains the sampling requirements and results of analysis for the program

(1) All industrial hemp lots produced within a parcel of land must be sampled in accordance with the department's sampling protocol and tested by a testing laboratory to ensure compliance with applicable laws and regulations.

(2) All samples used to determine compliance with applicable laws and regulations must be collected by a certified sampler or authorized department personnel. All samples used to determine compliance with applicable laws and regulations must be submitted to a testing laboratory for analysis.

(3) Requirements for a person to qualify as a certified sampler include:

(A) Complete a training course approved by the department;

(B) Pass a certification test with a score of no less than eighty percent (80%);

(C) Submit a certified industrial hemp sampler application; and

(D) Submit a non-refundable application fee of fifty dollars ($50) to the department at the time of application.

(4) An industrial hemp sampler certification is valid for a period of three (3) years unless revoked by the department. Certifications can be renewed by completing the requirements set in 2 CSR 70-17.100(3) to qualify as a certified sampler. Certified samplers must pay an annual fee of fifty dollars ($50) for the second and third year of certification. Annual fees are due by the end of the month of the anniversary date of the initial approval.

(5) Certified samplers or authorized department personnel shall-

(A) Adhere to the department sampling protocol for collection and handling of samples;

(B) Complete and attach a department chain of custody form to each sample; and

(C) Complete and submit all reporting as required by the department.

(6) No certified sampler shall sample a lot for a registration in

(A) His or her name;

(B) His or her employer's name; or

(C) Which he or she is a key participant.

(7) The department may revoke the sampler's certification if he or she-

(A) Admits to or has been found by the department to have violated proper procedures established in the department's hemp sampling protocol;

(B) Makes any false statements to the department, Missouri State Highway Patrol or any law enforcement agency with regard to industrial hemp; or

(C) Fails to comply with any order from the department or any order regarding industrial hemp from the Missouri State Highway Patrol or any law enforcement agency.

(8) Sampled plant material from separate lots shall not be commingled

(9) Samples must be taken within thirty (30) calendar days prior to harvest.

(10) The harvested materials from the lot are considered publicly marketable products if the sample used to determine compliance with applicable laws and regulations meets the definition of acceptable THC level.

(11) For any pre-harvest sample exceeding the acceptable THC level, the registered producer may request -

(A) The laboratory retest the original sample;

(B) To remediate the lot and then resample the lot per the Sampling Protocol to determine compliance; or

(C) To proceed with an Order of Destruction for the lot.

(12) If a retest is not requested or the retest exceeds the acceptable THC level, the department will issue an order of destruction to the producer.

(13) Registered producers must maintain a copy of each certificate of analysis as part of the Industrial Hemp Plant Monitoring System for a period of three (3) years from the date of analysis.

(14) Registered producers must submit certificates of analysis for all samples used to determine compliance with applicable laws and regulations to the department within seven (7) calendar days of receipt.

(15) The department may issue to the registered producer or permit holder an order of destruction for any lot testing out of compliance. Destruction must be completed by the registered producer or permit holder within fifteen (15) calendar days of receipt of the department's order of destruction. The Missouri State Highway Patrol or local law enforcement agency must complete certification of ordered crop destruction. In addition-

(A) The registered producer or permit holder must maintain a destruction report; and

(B) The registered producer or permit holder must submit a copy of the destruction report to the department within thirty (30) calendar days of crop destruction.

(16) All harvested lots awaiting a certificate of analysis shall not be processed, commingled, or sold until compliant test results are obtained.

(17) Registered producers or permit holders are financially responsible for all costs associated with contracting laboratory services, sample collection, delivery of samples to the testing laboratory, and laboratory analysis.

Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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