N.J. Admin. Code § 2:25-5.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 2:25-5.2 - Inspection, sampling, and testing procedures

(a) Inspections and sampling shall be as follows:

1. All hemp producers are subject to annual Departmental inspection and sampling to verify that the delta-9 THC concentration of the cannabis planted within a licensed area does not exceed 0.3 percent on a dry weight basis;

2. The Department may sample and/or test any hemp or hemp products to verify compliance with this chapter;

3. The Department's inspectors or an authorized agent shall collect a minimum of two samples from each variety planted during the growing season and before harvest to ensure compliance with the Federally defined THC level for hemp in the Program;

4. In addition to the annual inspection and sampling referenced in (a)1 above, the Department may inspect, and take samples from, any licensed area during normal business hours without advance notice. The Department may also conduct such additional inspections and sampling if there is reason to believe a violation of the Program may be occurring and to verify compliance with the reporting requirements of the Program;

5. If a hemp producer voluntarily surrenders any license, the Department may exercise its discretion to inspect and sample any licensed area prior to accepting the surrender;

6. The Department may require the hemp producer or the hemp producer's agent to be present during an inspection to provide the Department's inspector with complete and unrestricted access to all hemp and/or cannabis plants, parts, and seeds within a licensed area whether growing or harvested, and all land, buildings, and other structures used for the cultivation and storage of hemp. During a scheduled sample collection, the hemp producer or the hemp producer's agent shall be present at the growing site;

7. The Department may require access and/or copies of all documents and records pertaining to the hemp producer's business at any time. Such records shall be promptly produced, ample time for review shall be provided, and copies may be required;

8. Individual or composite samples of each variety of hemp may be sampled from the licensed area at the Department's discretion;

9. The method used for sampling from the flower material of the cannabis plant must be sufficient at a confidence level of 95 percent that no more than one percent of the plants in the lot would exceed the Federally defined THC level for hemp. The method used for sampling must ensure that a representative sample is collected that represents a homogeneous composition of the lot;

10. The Department or an authorized agent shall collect samples from the flower material within 15 days prior to the anticipated harvest of cannabis plants;

11. A hemp producer shall not harvest the cannabis crop prior to samples being taken; and

12. Samples of hemp plant material from one lot shall not be commingled with hemp plant material from other lots.

(b) Test procedures shall be as follows:

1. A quantitative laboratory determination of the delta-9 THC concentration on a dry weight basis shall be performed by the Department or a third-party lab pursuant to this chapter;

2. The Department is not responsible for ensuring product quality or product compliance with other State or Federal regulatory authorities;

3. Test results must confirm that the final product batch contains no more than 0.3 percent total potential delta-9 THC on a dry weight basis using a measurement of uncertainty; and all such testing results must be retained by the participant and made available to the Department upon demand for a minimum of three years. Any material having more than the Federally defined THC level for hemp is prohibited. Possession or distribution of such products may be subject to Federal, State, and local law enforcement action;

4. The THC testing procedure must include a valid testing methodology that uses postdecarboxylation or other similarly reliable methods, including, but not limited to, gas or liquid chromatography with detection. The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (THC-A) in hemp into THC and the test result must measure total available THC derived from the sum of the THC and THC-A content. Testing methodologies meeting these requirements include, but are not limited to, gas or liquid chromatography with detection. The total THC concentration level shall be determined and reported on a dry weight basis;

5. If any hemp product contains whole grains (seeds), the hemp producer may conduct a third-party seed germination test on each final product batch produced. Test results must confirm that the denatured seeds after exposure to high heat, often referred to as the "roasting or toasting method," renders the result of a zero percent germination level, and all such testing results must be retained by the hemp producer and made available to the Department upon demand for a minimum of three years. Any material having a greater than zero percent germination level is prohibited. Possession or distribution of such products may be in violation of State or Federal law; 6. A sample test result with a total potential delta-9 THC concentration on a dry weight basis greater than the F

6. A sample test result with a total potential delta-9 THC concentration on a dry weight basis greater than the Federally defined THC level for hemp shall be conclusive evidence that the lot represented by the sample contains a total potential delta-9THC concentration on a dry weight basis of more than 0.3 percent and that the hemp producer is therefore not in compliance with this chapter. Upon receipt of a failing test result, the Department may request resampling and retesting of the varieties in question. Upon subsequent retesting failure, the Department shall determine whether the failure constitutes a negligent violation or a violation with a culpable mental state greater than negligence and take appropriate action pursuant to N.J.A.C. 2:25-6;

7. Hemp from lots determined to be non-compliant with the Federally defined THC level for hemp may not be further handled, processed, or enter the stream of commerce. The hemp producer shall ensure the lot is disposed of in accordance with the CSA and the Drug Enforcement Agency (DEA) regulations found at 21 CFR 1317.15 as enforced by Federal, State, and local law enforcement. Hemp producers must notify the Department and USDA of their intent to dispose of non-conforming plants and verify disposal by submitting required documentation;

8. A $ 150.00 fee shall be assessed for all Departmental testing, including, but not limited to, retests and pesticide residue quantification tests. The Department may waive all inspection and/or sampling costs if no inconsistencies or violations are identified pursuant to this subsection;

9. Measurement of uncertainty (MU) must be estimated and reported with test results; and

10. Test results report. Each hemp producer must ensure that the DEA-registered laboratory that conducts the test of the sample(s) from its lots reports the test results for all samples tested to the Department and USDA. The test results report shall contain the information below for each sample tested:

i. Hemp producer's license or authorization identifier;

ii. Name of hemp producer;

iii. Business address of hemp producer;

iv. Lot identification number for the sample;

v. Name and DEA registration number of laboratory;

vi. Date of test and report;

vii. Identification of a retest; and

viii. Test result.

N.J. Admin. Code § 2:25-5.2

Amended by 54 N.J.R. 903(a), effective 5/16/2022