230 R.I. Code R. 230-RICR-80-10-1.9

Current through October 15, 2024

Section 230-RICR-80-10-1.9 - Inspection, Sampling and Testing

A. During inspection and sampling, the licensee or its authorized representative must be present and must allow complete and unrestricted access to all industrial hemp, including plants, parts, seeds, derivatives and products within a licensed area whether growing, producing, harvested or stored, and all land, buildings and other structures used for the cultivation, production, manufacturing or storage of industrial hemp derivatives and hemp products, including retail and distribution facilities, and all documents and records pertaining to the licensee's industrial hemp operations.

B. Inspection

1. Consistent with the AIA 2018 § 10113, Sec. 297B(a)(2)(A)(v) all licensees are subject to and will undergo mandatory annual inspections that may be conducted randomly by the DBR in its discretion, and include but are not limited to:

a. License application inspection: Prior to issuing a license, DBR may schedule a site visit to the applicant's location. The purpose of this visit will be to inspect the location, to review information that was provided during the application process and to review the proposed industrial hemp and/or consumable CBD operations.

b. Records inspections: DBR may conduct reasonable inspections of a licensee's books and records to ensure that the licensee is complying with applicable law including the Act and these regulations.

c. Periodic Inspections: Pursuant to R.I. Gen. Laws §§ 26-6-6 and 2-26-7(b) all licensees are subject to periodic inspection to verify compliance with the requirements of the Act and these regulations including inspection during sowing, growing season, harvest, storage, production, distribution and/or sales.

C. Sampling

1. DBR will require testing of industrial hemp and hemp products to ensure that it does not exceed the 0.3% total THC level, as required by R.I. Gen. Laws § 2-26-3(8) and is in compliance with other provisions of the Act and these regulations.

2. For all hemp growers, sampling of lots must be conducted thirty (30) days prior to harvest by a testing agent and with the licensee and, if applicable, a DBR representative present. Sampling will be scheduled in advance with the licensee or an authorized representative of the licensee.

3. All industrial hemp, hemp derivatives and/or hemp-derived CBD products being distributed, sold at retail, grown and/or produced within a licensed area, are subject to sampling by a licensed testing facility agent with the licensee and, if applicable, a DBR representative present to ensure compliance with the Act and these regulations. The licensee shall be responsible for the cost and expense of all sampling.

4. DBR may require samples from hemp plants, hemp derivatives or hemp-derived CBD products from any licensee at any time if DBR has reason to believe a violation of the Act or these regulations may be occurring or has occurred.

5. In conformity with § 1.9(C)(2) of this Part, a hemp grower will be directed to abstain from harvesting its hemp crop until sampling occurs.

6. Samples from hemp plants, hemp derivatives or hemp-derived products from one lot may not be comingled with any sample from any other lot.

7. Any sample collected from a licensee must be representative of a homogenous composition of the lot.

8. Samples must be gathered by a sampling agent trained using USDA or state methods, not by the licensee.

9. Information on trained sampling agents will be made publicly available by the state, which will keep training information for a minimum of three (3) years.

10. Every lot must be sampled and tested, except for those subject to performance-based sampling.

11. Field sample collection procedures must conform to the protocols and final chart in 7 C.F.R. 990.

12. RIDOH and/or DBR shall issue procedures for collecting samples from the flowering tops of plants, which shall be approximately five to eight inches in length from the "main stem" (that includes the leaves and flowers), "terminal bud" (that occurs at the end of the stem), or "central cola" (cut stem that could develop into a bud).

D. Testing

1. Upon direction from DBR, DEM or RIDOH as applicable, testing, including but not limited to testing for THC, THCa, CBD, CBDa and/or other material characteristics such as pesticides, heavy metals, and microbial concentration on a dry weight or per volume basis, will be performed by an approved testing facility on hemp or hemp-derived products.

a. All testing performed by an approved testing facility for a licensee shall conform to the requirements set forth in Licensing Analytical Laboratories for Sampling and Testing Cannabis, including but not limited to 216-RICR-60-05-6.21. The licensee shall be responsible for the cost and expense of such testing.

2. A test result greater than 0.3% total THC on a dry weight or per volume basis shall be prima facie evidence that at least one cannabis plant or part of a plant or a derivative batch or derivative product in the licensee's location contains total THC above the Acceptable Hemp THC Level and that the licensee is not in compliance with the Act and these regulations.

3. The licensee may request a retest of any retained portion of a sample. Any request for retesting must be made to DBR, in writing, within ten (10) days of the date of notification of test results. The licensee must pay all analysis costs and expenses associated with any retest.

4. Any hemp plants, materials, derivatives or hemp products as to which testing results reflect total THC content above the Acceptable Hemp THC Level and the lot to which said plants, materials, derivatives or hemp products belong are prohibited from entering the hemp stream of commerce and DBR may require that any hemp plants, materials, derivatives or hemp products as to which testing results reflect total THC content above the Acceptable Hemp THC Level be destroyed at the licensee's expense pursuant to § 1.11(N) of this Part.

a. Any lab used by the Grower must report non-compliant hemp plants, disposal of those plants from the lot(s) where representative samples were taken, and the non-compliant hemp plants' test results to the United States Department of Agriculture.

5. Upon completion of testing, any remaining samples may be destroyed thirty (30) days after the date of notification of test results.

6. Pursuant to 7 C.F.R. § 990.70(d), the licensee is responsible for ensuring that the laboratory conducting testing in conformity with this Part reports each sample's test results with all required information, including but not limited to the total THC content concentration level on a dry weight basis and the measurement of uncertainty, to the USDA.

7. Testing methods include but are not limited to:

a. Post decarboxylation or other similarly reliable method approved by the USDA;

b. Consideration of potential conversion of delta-9 THCA into THC and the test result measure total available THC (THC + THCA);

c. Gas or liquid chromatography with detection; and/or

d. Procedures to determine total THC concentration reported on a dry weight basis, including but not limited to a determination of moisture content.

8. Labs shall not commingle sample material from different lots.

230 R.I. Code R. 230-RICR-80-10-1.9

Amended effective 10/10/2021
Amended effective 6/11/2022
Amended effective 8/14/2024