The Department of Agriculture, Trade and Consumer Protection can inspect all growing sites, fields, processing facilities, conditioning plants, storage locations and any other location associated with industrial hemp. Inspections may be at any time, and may be unannounced.
Licensed growers must notify DATCP at least 30 days before harvest is expected to begin, so department inspectors can collect samples for THC testing. Inspectors will take at least one composite plant sample from each field, and from each variety planted. For example, if you have just one field planted in only one variety, the inspector would take one sample. If you have two separate fields, both planted to the same variety, the inspector would take a sample from each field. If you have more than one variety planted in a single field, the inspector would take a sample of each variety.
The sample will go to the DATCP laboratory or one that we contract to do the testing. The labs will dry each sample and analyze it for delta-9-THC levels. All test results will be rounded to the nearest tenth of a percent. The grower will get a written analysis of the test results.
Fit for Commerce Certificates
DATCP will issue a “fit for commerce” certificate for industrial hemp that passes the lab test. The certificate must accompany the hemp from licensed grower to licensed processor. Licensed processors must get a copy of the certificate for all hemp obtained from licensed growers. The department may seize harvested industrial hemp found without a certificate, and may suspend or revoke grower or processor licenses.
If the analysis shows THC levels above 0.3 percent, it is a failed test. Growers can request a retest of the original sample or a new sample, at their expense. Only one retest or resample per field or variety is permitted. If the retest fails, the grower will have 10 days to destroy the entire field where the sample was collected. DATCP will inspect the field after 10 days. If the crop has not been destroyed, DATCP may destroy it and invoice the grower for the cost.
$250 per sample and test (each field and variety will need at least one sample/test). DATCP will invoice growers.
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