Statutes, codes, and regulations
Iowa Administrative Code
Agency 21 - AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT
Chapter 96 - HEMP
Rule 21-96.7 - Sampling procedures for official testing of hemp for THC content

Iowa Admin. Code r. 21-96.7

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Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 21-96.7 - Sampling procedures for official testing of hemp for THC content
(1) The licensee shall submit a preharvest report to the department at least 30 days prior to the anticipated harvest date.
(2) Official samples for official testing shall be collected by the department or a third-party sampler designated by the department.
(3) The authorized representative, or licensee, shall be present at any preharvest inspection and official sampling of the crop site.
(4) The department inspector will verify the geospatial location coordinates submitted to the department.
(5) The licensee must allow complete and unrestricted access to the crop site. If the licensee fails to provide unrestricted access, an official sample will not be collected.
a. If cannabis plants are observed outside of the crop site boundaries, the department shall notify law enforcement.
b. If the department inspector suspects that the licensee harvested hemp plants prior to official sampling, the department inspector will immediately cease official sampling and notify the Iowa hemp program administrator. The Iowa hemp program administrator shall determine how to proceed with an investigation, seeking law enforcement assistance as necessary.
(6) A separate official sample shall be taken for each lot and sub-lot. In accordance with the fee schedule established by the department, a supplemental fee shall be charged for every sample after one sample.
(7) If the licensee chooses to have official samples taken from sub-lots within a lot, the boundary between sub-lots shall be discernable. In an outdoor crop site, the minimum row space between lots and sub-lots shall be twice the normal row spacing, but no less than 36 inches.
(8) The department inspector shall take a representative official sample of each lot and sub-lot, walking at right angles to the rows if possible. The department inspector may take more cuttings than the minimum listed in Table 4 if necessary to obtain an adequate official sample.
(9) The official sample collected by the department shall consist of approximately 2-inch cuttings of flowering material, meaning inflorescences (the flower of bud of plant), from the top one-third of the plant, based on the following table:

TABLE 4

NUMBER OF PLANTS SAMPLED, BASED ON LOT AND SUB-LOT ACREAGE SIZE

Number of acres

Number of plants sampled

Number of acres

Number of plants sampled

Number of acres

Number of plants sampled

Number of acres

Number of plants sampled

1 - 10

10

81 - 90

69

161 - 170

108

241 - 250

136

11 - 20

19

91 - 100

75

171 - 180

112

251 - 260

139

21 - 30

27

101 - 110

81

181 - 190

116

261 - 270

142

31 - 40

35

111 - 120

86

191 -200

120

271 - 280

145

41 - 50

43

121 - 130

91

201 - 210

123

281 - 290

147

51 - 60

50

131 - 140

95

211 - 220

127

291 - 300

150

61 - 70

57

141 - 150

100

221 - 230

130

301 - 310

152

71 - 80

63

151 - 160

104

231 - 240

133

311 -320

155

This table reflects a sampling scheme with a 95 percent confidence interval that no more than 1 percent of the plants in each lot would exceed the acceptable hemp THC concentration.

(10) The plants and plant material selected for official sampling shall be determined solely by the department.
(11) All samples shall become the property of the department and are nonreturnable.
(12) The department inspector will place the official composite representative sample in a properly labeled paper bag. The labeled bag will be sealed with security tape, and the following information shall be placed on the paper bag:
a. License number;
b. Name and contact information of the sampling agent;
c. Name and contact information of the licensee;
d. Date sample was taken;
e. Sample identification number for the lot or sub-lot;
f. Parcel identification number from the FSA; and
g. Any other information that may be required by the department.
(13) The official sample and sampling report shall be hand-delivered or placed in a box, sealed with security tape, and overnight shipped to the department laboratory.

Iowa Admin. Code r. 21-96.7

Adopted by IAB January 1, 2020/Volume XLII, Number 14, effective 12/11/2019
Amended by IAB March 11, 2020/Volume XLII, Number 19, effective 2/24/2020
Amended by IAB June 17, 2020/Volume XLII, Number 26, effective 7/22/2020
Amended by IAB January 11, 2023/Volume XLV, Number 14, effective 1/3/2023