Current through Register Vol. XLI, No. 36, September 6, 2024
Section 61-29-5 - Inspection Program for Testing and Supervision During Growth and Harvest5.1. A licensee is subject to sampling of his or her industrial crop at any time during growth and harvest to verify that the THC concentration does not exceed the concentration permitted by this rule.5.2. The Department shall sample hemp crops prior to harvest. The licensee shall contact the Department at least thirty (30) days prior to the intended harvest date to allow sampling before harvest.5.3. During any inspection and/or sampling, the licensee, or his or her authorized representative, shall be present at the growing operation and provide the Department's inspector with compete and unrestricted to access to all industrial hemp plants and seeds, whether growing or harvested, all land, buildings and other structures used for the cultivation and storage of industrial hemp, and all documents and records pertaining to the industrial hemp crop.5.4. The inspector shall sample the industrial hemp plants utilizing protocols established by the Department. Such protocols shall, at a minimum, comply with the following requirements: 5.4.a. Composite samples of each varity of industrial hemp may be sampled from the growing areas at the Department's discretion.5.4.b. The sampled material shall be divided into two equal parts: one part shall be used for testing, the other part shall be retained for retesting.5.4.c. Quantitative laboratory determination of the THC concentration will be performed according to protocols approved by the Commissioner.5.5. A composite sample test result greater than 0.3 percent THC concentration shall be considered conclusive evidence that at least one cannabis plant or part of a plant in the growing area contains THC concentration over the limit allowed for industrial hemp and that the licensee is not in compliance with the Act.5.6. If a test result comes back above the THC concentration permitted by this rule, the Commissioner may, upon request, and if permitted by the United States Department of Agriculture, permit a licensee to submit a Corrective Action Plan and request a second sampling and test of the crop following implementation of the Corrective Action Plan.5.7. As part of inspection and testing, each licensee shall pay actual mileage incurred, plus a charge of $35/hour per inspector for actual drive time, inspection and sampling time. In addition, each licensee shall pay for all actual incurred laboratory analysis testing costs that the Department considers appropriate, including retesting.5.8. The Department may establish procedures for licensees to utilize the Department's testing capabilities prior to the pre-harvest testing required by section 5.2. 5.8.a. Permissive testing under this section is subject to availability of Department equipment, facilities and personnel.5.8.b. A licensee shall pay the costs required to conduct the sampling and/or testing of the hemp crop, as required by section 5.7.5.8.c. Results obtained from voluntary testing under this section shall not be considered official sampling results unless the following conditions are satisfied:5.8.c.1. Both sampling and testing are conducted by Department staff pursuant to protocols established for pre-harvest sampling and testing; and5.8.c.2. Harvest occurs within thirty days of the date of sampling.