New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter III - Plant Industry
Subchapter F - Industrial Hemp
Part 159 - License to Grow and Research Hemp
Section 159.11 - Regulatory THC testing
Universal Citation: 1 NY Comp Codes Rules and Regs ยง 159.11
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Testing Laboratories.
(i) The Department, in
its discretion, may conduct its regulatory testing at the Department's Food
Laboratory or may authorize testing for the acceptable hemp THC level to be
conducted, at the grower's expense, at a laboratory approved by the
Department.
(ii) Growers shall be
required to pay a fee equal to the actual cost of performing the laboratory
analysis for each sample tested by the Department for THC.
(iii) After December 31, 2022, or a later
date established by the USDA, testing for acceptable THC levels of pre-harvest
samples shall be conducted only at laboratories registered with the United
States Drug Enforcement Administration.
(iv) The Department shall provide a list of
laboratories approved for testing.
(v) Private laboratories performing
regulatory testing shall deliver their testing reports to the Department, the
USDA, and the grower at the same time.
(b) Testing Standards.
(i) Analytical testing for detecting the
concentration level of THC in the sampled material shall meet the following
standards:
(1) Laboratory quality assurance
must ensure the validity and reliability of test results;
(2) Analytical method selection, validation
and verification must ensure that the testing method used is appropriate and
that the laboratory can successfully perform the testing; and
(3) The demonstration of testing validity
must ensure consistent accurate analytical performance. Testing method
performance specifications must ensure analytical tests are sufficiently
sensitive for the purposes of the detectability requirements of this
Part.
(ii) Analytical
testing of samples for THC must use post-decarboxylation or other similarly
reliable methods approved by the Commissioner. The testing methodology must
consider the potential conversion of THCA in hemp into THC, and the test result
must measure the total available THC derived from the sum of the THC and the
THCA content. Testing methodologies meeting this requirement include, but are
not limited to, gas or liquid chromatography with detection.
(iii) The total THC concentration level shall
be determined and reported on a dry weight basis, unless the Department
determines that some other method is more appropriate or accurate for the
substance tested.
(iv) With each
test result, a measurement of uncertainty (MU) must be estimated and reported
with the test results. Laboratories shall use appropriate, validated methods
and procedures for all testing activities and evaluate measurement of
uncertainty.
(c) Test results.
(i) Any sample test result exceeding
the acceptable hemp THC level shall establish a prima facie case that the lot
represented by the sample is not in compliance with this Part.
(ii) Lots meeting the acceptable hemp THC
level may enter the stream of commerce.
(iii) Lots tested and determined to exceed
the acceptable hemp THC level may not enter the stream of commerce unless
remediated in a manner consistent with Section 159.12(b) of this Part. For lots
testing above the acceptable hemp THC level and not remediated, the grower
shall ensure that the lot is disposed of in a manner consistent with Section
159.12(a) of this Part.
(iv)
Remediated crops must be retested to ensure compliance with the acceptable THC
levels. Retested remediated samples that exceed the acceptable hemp THC level
must be disposed of in a manner consistent with Section 159.12(a) of this
Part.
(v) Any grower may request
additional testing of the original sample, at the grower's expense, if the
grower has a good faith belief that the original THC concentration level
reported in the regulatory testing results is in error.
(d) The Department may provide notice of non-compliance to appropriate law enforcement agencies.
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