Section 32.05 - Inspections and Testing for Hemp Production; Remediation; Certification of Hemp for Production; Disposal(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; and3. 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; orb. Shredding the entire plant into a bio-mass like material; orc. 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.Adopted by Mass Register Issue 1475, eff. 8/5/2022.