Section 0080-10-01-.05 - INSPECTIONS AND TESTING(1) Scope. The department may enter any licensed premises during normal business hours for purposes of inspecting and sampling any cannabis or other material and copying records necessary to determine compliance with the Act and this chapter.(2) Frequency. The department may conduct inspections as often as necessary to determine compliance with the Act and this chapter.(3) Sampling and testing. (a) A sample collected and tested according to protocols issued by either USDA or the department is deemed representative of the growing area from which the sample was obtained.(b) Comingling of sample material from different growing areas invalidates the results of the sample tested.(c) Collection of a sample by a licensee or their agent invalidates the results of the sample tested.(d) Any sample test result less the measurement uncertainty showing a post-decarboxylation value for THC in the plant greater than 0.3% is grounds for destruction or remediation of all cannabis represented by the sample material.(e) Third party. 1. The department may approve third-party samplers for collection of cannabis material and third-party test laboratories to conduct official analysis of samples. The department will accept test results for a third-party collected or tested sample only if the sample was collected and tested in conformance with sampling guidelines and testing requirements issued by either USDA or the department, and for which test results are submitted by the third-party testing laboratory directly to the department.2. If a sample test result from an approved third-party laboratory is the initial test for a growing area and shows the sample to be within allowable limits, the department may recognize the sample as compliant without further testing. If the sample test is either not the initial test of the crop or is not within allowable limits, the department will re-sample and re-test the growing area prior to determining regulatory compliance.(f) Department. 1. Sampling by the department must be attended by the licensee or the licensee's authorized representative, if applicable. If the licensee or authorized representative does not appear for scheduled sampling, the department may assess a $150 travel charge against the licensee for departmental costs in visiting the location to be sampled.2. The department serves as the reference laboratory for all samples. Its test results of any sample are considered conclusive.3. Licensees must pay a $150 laboratory analysis fee for each sample tested by the department.Tenn. Comp. R. & Regs. 0080-10-01-.05
New rules filed September 27, 2024; effective 12/26/2024.Authority: T.C.A. §§ 4-3-203 43-1-703, and 43-27-104.