The department must sample industrial hemp crops before harvest, with an exception for approved performance-based sampling crops, and the grower must harvest approved plants within 30 days unless the department authorizes otherwise.
§1468. Testing; inspections A.(1) The department shall collect samples to test all industrial hemp crops, except those crops produced by licensees approved by the department for performance-based sampling, prior to harvest to ensure the THC concentration does not exceed a total delta-9 THC concentration of 0.3 percent on a dry weight basis. The grower shall harvest his approved industrial hemp plants not more than thirty days following the date of sample collection by the department, unless specifically authorized in writing by the department. (2) The department shall ensure that one or more of the following factors exist when determining if a licensee is eligible for performance-based sampling: (a) The variety or strain is recognized as AOSCA Certified Seed or has consistently demonstrated to result in compliant hemp plants pursuant to the sampling and testing process of the department. (b) The hemp is produced for grain or fiber and no leaf or floral material will be harvested. (c) The producer is conducting industrial hemp research. (d) The producer has consistently produced compliant industrial hemp plants over an extended period of time. (e) The producer is growing immature industrial hemp plants produced from industrial hemp seed of known compliant varieties and the plants will be harvested prior to flowering. (3) The department may enter into contracts, cooperative endeavor agreements, memoranda of understanding, or other agreements with any public postsecondary education institution for the testing of THC levels in industrial hemp crops or industrial hemp products deemed necessary by the commissioner. B. In addition to any scheduled testing, the department may randomly inspect any industrial hemp crop or industrial hemp product in the possession of any person or entity with a grower, processor, handler, or seed producer license and take a representative composite sample for THC concentration analysis if the department has reason to believe a violation of this Part has occurred. Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022.