5 Colo. Code Regs. § 1005-5-2

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 5 CCR 1005-5-2 - Hemp Testing Laboratory Certification Authorizations

2.1Testing of Hemp Authorized. A Hemp Testing Laboratory may accept Samples of Hemp, Hemp Products, and Unfinished Hemp Products from Persons registered with the Commissioner of the Colorado Department of Agriculture, pursuant to section 35-61-104, C.R.S. or registered with the Colorado Department of Public Health and Environment pursuant to section 25-5-426, C.R.S. for testing purposes only.

2.1.1 Before a Hemp Testing Laboratory accepts a Sample of Hemp, Hemp Product or Unfinished Hemp Product, the laboratory shall verify that the Person submitting the Sample is registered with the Colorado Department of Agriculture or registered with the Colorado Department of Public Health and Environment.

2.2 A Hemp Testing Laboratory shall be permitted to test Samples of Hemp, Hemp Product, and Unfinished Hemp Product for required tests pursuant to Department hemp product regulations and 35-61-105.5(d), C.R.S. only in the category(ies) that the Hemp Testing Laboratory is certified to perform testing in pursuant to Rule 4.1 - Hemp Testing Laboratory: Certification Requirements.

2.3Transferring Samples to another Certified Hemp Testing Laboratory. A Hemp Testing Laboratory may transfer Samples to another certified Hemp Testing Laboratory for testing. All laboratory reports provided to an Hemp Cultivator or Hemp Manufacturer must identify the Hemp Testing Laboratory that actually conducted the test.

2.4 A Hemp Testing Laboratory shall provide the results of any required compliance testing performed on a Sample of Industrial Hemp, Hemp Product, and Unfinished Hemp Product to the Person submitting the Sample. Quality control data associated with the Sample shall be provided when requested by the Person submitting the Sample.

2.4.1 Results for Total THC compliance testing of Hemp must also be provided to the Colorado Department of Agriculture.

2.4.2 Results for Total THC compliance testing of Hemp must also be provided to the United States Department of Agriculture (USDA) in accordance with federal guidelines.

2.5 To the extent any activities authorized under these rules are also subject to the Colorado Marijuana Rules, 1 CCR 212-3, the provisions imposing the greater restriction shall be applicable.

5 CCR 1005-5-2

44 CR 06, March 25, 2021, effective 4/14/2021

46 CR 21, November 10, 2023, effective 12/15/2023