Hemp Inspection, Sampling, and Testing

Beginning January 1, 2022, hemp growers will be licensed by the U.S. Department of Agriculture (USDA) and hemp processors will no longer require a license. Learn more about this transition​.​​

Frequently Asked Questions: Sampling, testing, and varieties​​

Inspections

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) can inspect all growing sites, fields, processing facilities, conditioning plants, storage locations, and any other location associated with hemp. Inspections may be at any time, and may be unannounced.

There is inherent risk associated with participation in a research program focusing on a new crop and with participation in this research program. There is no guarantee that each lot (a contiguous area in a field, greenhouse, facility, or growing structure containing the same variety or strain of hemp throughout the area) will pass the regulatory THC test.

Initial Sampling and Testing

Step 1: Submit Your 30-day Harvest Notification
​You must notify DATCP at least 30 days before your anticipated harvest of each lot (a contiguous area in a field, greenhouse, facility, or growing structure containing the same variety or strain of hemp throughout the area). DATCP will cont​act you approximately three weeks prior to your anticipated harvest date to schedule sampling. Please contact us at datcpindustrialhemp@wi.gov​ or call toll-free at (844) 449-4367 if you have not heard from us two weeks prior to your planned harvest date.​ Information about how to submit the 30-day harvest notification​ is on the reporting and recordkeeping page.

​Step 2: ​Initial Sampling

  • The 30-day harvest notice lets DATCP know that an inspector needs to collect the initial sample for THC testing. 
  • Inspectors will sample each lot separately. 
  • If you have two separate fields, both planted to the same variety, the inspector will sample each field. 
  • If you have more than one variety planted in a single field, the inspector will sample each variety. 
  • The initial sample must be taken before you can harvest that lot. All lots shall be sampled prior to harvest unless specifically authorized in writing by DATCP pursuant to ATCP 22.09(1)​
  • Consistent with the USDA's final rule, the sampling process includes taking a cutting from the top 5 inches of multiple plants within the lot to get a composite sample. Learn more about DATCP's sam​ple collection process​.
  • Each hemp lot needs to have at least 10 female flowering plants at the time of the regulatory sample. Samples shall be of a size sufficient to allow one test and one retest pursuant to Wis. Admin. Code § ATCP 22.10(4) unless the licensee submits in advance a size modification request form and the request is approved by DATCP. See Wis. Admin. Code § ATCP 22.09(3).

Step 3: THC Analysis

The samples are analyzed at DATCP's regulatory lab. The lab will dry each initial sample and analyze it for total delta-9 THC levels. The grower will get a written analysis of the test results. You may not receive your initial, retest, or resample regulatory lab results prior to harvest.

Step 4: Results

​Based on the results of the analysis, one of the following will be sent to the grower:

  • Fit for commerce certificate: DATCP will issue a fit for commerce certificate for each lot that passes the regulatory 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. DATCP may request seizure of harvested, unprocessed hemp found without a certificate. Violations of ATCP 22 are subject to enforcement and penalties. See ATCP 22.16.
  • Lot destruction order: If the analysis shows total THC levels above 0.3%, it is a failed regulatory test. The grower has 10 days from the service of the destruction order to notify DATCP of their choice to retest, resample, remediate (see below) or must destroy the entire lot of hemp where the regulatory sample was collected. If you decline retesting, resampling, or remediation, you must destroy that same hemp lot within 15 days of service of the destruction order, unless specifically authorized in writing by DATCP. See Wis. Admin. Code § ATCP 22.10(10)(b). Instructions for how to destroy the lot is provided with the destruction order. The service date is the post-office return receipt date for the mailed destruction order.

Retest

Growers can request a retest of the retained portion of either the hemp lot's initial sample or the lot's remediated sample at their expense within 10 days of service of their notification of a failed regulatory test.

  • Only one retest per initial sample, resample or remediated sample is permitted. If the retest fails, the grower has 10 days from the service date of the destruction order to request a resample or to request remediation.
  • If you decline retesting, resampling, or remediation, you must destroy that same hemp lot within 15 days of service of the destruction order, unless specifically authorized in writing by DATCP. See Wis. Admin. Code § ATCP 22.10(10)(b). The service date is the post-office return receipt date for the mailed destruction order. 
  • A retest is only available if the lot is of sufficient size at the time of the initial sample. Each hemp lot needs to have at least 10 female flowering plants at the time of the regulatory sample. Samples shall be of a size sufficient to allow one test and one retest pursuant to Wis. Admin. Code § ATCP 22.10(4) unless the licensee submits in advance a size modification request form and the request is approved by DATCP. See Wis. Admin. Code § ATCP 22.09(3).

    Requesting a retest: Growers can request a retest of a failed lot in writing by signing the lot destruction order, completing section three of the order, and returning the order by either of the following methods:

        DATCP-ARM-Hemp
        ATTN: Written Requests
        P.O. Box 8911
        Madison, WI 53708-8911

Include your name, license number, variety name, growing location name, the case number from the lot destruction order, and your contact information.

Fees: $200 per retest. DATCP will invoice growers when sample results are sent.​

Resample

Growers can request a resample and analysis at their expense within 10 days of service of their destruction order.

  • Only one resample per initial sample or remediated sample is permitted.
  • If the test of the resample fails, the grower has 10 days from the service of the destruction order to request a retest of that same resample or to request remediation.
  • A resample cannot be taken from harvested hemp. Any resample must be taken before you may harvest that lot. All lots shall be sampled prior to harvest unless specifically authorized in writing by DATCP, pursuant to Wis. Admin. Code § ATCP 22.09(1).   
  • If you decline retesting, resampling, or remediation, you must destroy that same hemp lot within 15 days of service of the destruction order, unless specifically authorized in writing by DATCP. See Wis. Admin. Code § ATCP 22.10(10)(b).  The service date is the post-office return receipt date for​ the mailed destruction order. 

Requesting a resample: Growers can request a resample of a failed lot in writing by signing the lot destruction order, completing section three of the order, and returning the order by either of the following methods:

        DATCP-ARM-Hemp
        ATTN: Written Requests
        P.O. Box 8911
        Madison, WI 53708-8911

Include your name, license number, variety name, growing location name, the case number from the lot destruction order, and your contact information.

Fees
$250 per composite resample and test. DATCP will invoice growers when sample results are sent.

Remediation

Growers can request a remediation and analysis at their expense within 10 days of service of their destruction order.

  • Only one remediation per lot is permitted.
  • If the test of the remediated lot fails, the grower has 10 days from the service of the destruction order to request a retest or a resample of the same remediated lot.
  • If you decline retesting, resampling, or remediation, you must destroy that same hemp lot within 15 days of service of the destruction order, unless specifically authorized in writing by DATCP. See Wis. Admin. Code § ATCP 22.10(10)(b).
  • Learn more about DATCP's remediated sample collection process.
The license holder will conduct the remediation. The remediation options are:

  1. Homogenous Biomass: drying and chopping or shredding the plant material from the entire lot into a homogenous biomass.
  2. Floral Destruction and Homogenous Biomass: removing and destroying the floral material from the entire lot and then drying and chopping or shredding the remaining plant material from the entire lot into a homogenous biomass.
Homogenous biomass means plant material shredded or ground into a uniform state from which a composite representative sample may be taken. Homogenous biomass does not include any plant material with intact plants or whole flowers remaining. See Wis. Admin.​ Code § ATCP 22.02(16).

Requesting remediation: Growers can request in writing to remediate their failed lot and have the remediated lot sampled by signing the lot destruction order, completing section three of the order, and returning the order by either of the following methods:

        DATCP-ARM-Hemp
        ATTN: Written Requests
        P.O. Box 8911
        Madison, WI 53708-8911

Include your name, license number, variety​ name, growing location name, the case number from the lot destruction order, and your contact information.

Fees
$300 per composite remediation sample and test. DATCP will invoice growers when sample results are sent.