Section 11 AAC 40.655 - Retests(a) A registrant whose industrial hemp product has failed initial testing under 11 AAC 40.630 or 11 AAC 40.640 may submit a written request, on a form provided by the division, for a retest of the industrial hemp product. The division will authorize a request for a retest, but the registrant requesting the retest shall pay all costs of testing and validation.(b) If electing to retest, a registrant must either(1) submit new test samples complying with 11 AAC 40.600 - 11 AAC 40.665 from the same failing product to the division or authorized testing facility that performed the original test; or(2) submit the new test samples complying with 11 AAC 40.600 - 11 AAC 40.665 from the same failing product to a different testing facility approved by the division and available to conduct the retest.(c) If the sample passes the potency or a required contaminant testing under (b) of this section, the division may elect to submit the industrial hemp product for a third testing at the division's expense. If the division does not elect a third testing, the lot or batch from which the sample came must have the identifying number modified with the addition of the letter "X" at the end or the previous identifier. Afterwards, the hemp or hemp products associated with each test may be transferred or further processed in compliance with this chapter.(d) In the event the division has elected to test the industrial hemp product a third time, two passing results means the product passes and the product may continue to be offered for retail, subject the addition of the letter "X" to the identifying number, as described in (c) of this section. Two failing results means the product fails and must be destroyed in accordance with (e) of this section.(e) If the sample fails and is not retested, or is retested and fails under (c) or (d) of this section, the division may direct the registrant to destroy all industrial hemp products affiliated with the failed test and require proof of destruction, or seize and destroy the hemp products as permitted under AS 03.05.010(a)(7) and 03.05.076(d)(4).Eff. 4/4/2020, Register 234, April 2020; am 11/3/2023, Register 248, January 2024Authority:AS 03.05.010
AS 03.05.030
AS 03.05.050
AS 03.05.076
AS 03.05.078