Arkansas Department of Agriculture

Industrial Hemp Production Plan

November 2, 2021

Arkansas Department of Agriculture

1 Natural Resources Drive

Little Rock, AR 72205

www.agriculture.arkansas.gov

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Requirements for State and Tribal Hemp Plans

ARKANSAS DEPARTMENT OF AGRICULTURE HEMP PROGRAM

1) Plans to maintain relevant producer and land information. 

• Collect, maintain and provide to USDA contact information for each hemp producer 

licensed or authorized in the state or territory of the tribal government (whichever 

applicable). [990.3 (a) (1)]

Department Response: The Arkansas Department of Agriculture (“Department”) will require 

applicants to complete the applications entitled “Grower Application” and “Processor/Handler

Application,” as well as a Licensing Terms & Conditions between the Department and the 

applicant. Both applications will require the applicant’s contact and geospatial information for 

all growing, handling, storage and processing sites where hemp material will be present. The 

Department will not approve incomplete applications for licensure with the Hemp Licensing 

Program (“Program”) that do not include all the information mentioned in Section 2 of the 

Program Rules. The Department has the ability to generate custom reports and will provide those 

reports to USDA on a reoccurring monthly schedule, or upon request, in the information sharing 

format determined by USDA. See Section 2(B)(1)&(2) of Program Rules

• Provide contact information for each hemp producer covered under the plan including 

name, address, telephone number, and email address (if available). If the producer is a 

business entity, the information must include the full name of the business, address of 

the principal business location, full name and title of the key participants, an email 

address (if available), and EIN number of the business entity. This information can be 

provided via the AMS-23 form via mail, fax, or email. [990.3 (a) (1) (i)]

Department Response: The Department will require applicants to complete the applications

entitled “Grower Application” and “Processor/Handler Application.” All information mentioned 

above ([990.3 (a) (1) (i)]) is required for licensure with the Program per Section 2 of the Program 

Rules. The Department has the ability to generate custom reports and will provide the 

information mentioned above to USDA on a reoccurring monthly schedule, or upon request, in 

the information sharing format deemed acceptable by USDA. See Section 2 of Program Rules

• Provide a legal description of the land where hemp is produced in the state or tribal 

territory. [990.3 (a) (1) (ii)]

Department Response: The Department will require applicants to complete the applications

entitled “Grower Application” and “Processor/Handler Application.” The Department will require 

all applicants to submit a legal land description for all sites requested for licensure to produce or 

grow industrial hemp in Arkansas. Additionally, the Department requires applicants to provide 

detailed descriptions, labeled aerial maps, and geospatial locations of each growing, storage, 

processing, and handling site, otherwise known in the Program as “Location IDs.” Location IDs 
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include the licensed location’s street address and six-digit GPS coordinates in decimal-degree 

format. Applicants are required to indicate whether the property is owned or controlled/leased 

by the applicant. Additionally, pursuant to Program Rules Section 2(B)(1)(o), licensees are 

required to notify the Department within one (1) month if there are any changes or deviations to 

licensed locations or sites. Licensees are not permitted to grow, process, handle, or store hemp 

material at any requested Location ID until approval in-writing is received from the Department. 

See Section 2 & Section 2(B)(1)(o) of Program Rules

• Maintain and report to USDA status of licensed producers (and any changes) and license 

or authorization numbers of producers. [990.3 (a) (1) (iii)]

Department Response: The Department has developed a Program document entitled “Site 

Modification Request Form,” which is required to be submitted to the Department by the licensee 

for approval prior to any Location ID site changes. Pursuant to Program Rules Section 2(B)(o), 

licensees are required to notify the Department of any location or license changes within one (1) 

month. Licensees are not permitted to grow, process, handle, or store at any requested Location 

ID site until approval in-writing is received from the Department. The Department has software 

capabilities to generate custom reports that include the information mentioned in [990.3 (a) (1) 

(iii)] and will provide those reports to USDA on a reoccurring monthly schedule or upon request

in a manner prescribed by USDA. See Section 2(B)(1)(o) of Program Rules

2) Plan for accurate and effective sampling and testing using post-decarboxylation or similar 

reliable methods. [990.3 (a) (2)]:

• Standard sampling and performance-based sampling procedures must be sufficient at a 

confidence level of 95 percent that no more than one percent of the plants in each lot 

would exceed the acceptable hemp THC level and ensure that a representative sample is 

collected that represents a homogeneous composition of the lot. 

Department Response: The Department has adopted a procedure for sampling and collecting

floral hemp material prior to harvest, established by an annually published guidelines document 

entitled “Sampling, Testing, Remediation and Disposal Guidelines,” as prompted by Program 

Rules Section 11 and A.C.A. § 2-15-509(e). The sample collection will be conducted by an 

authorized Department representative and will be administered in accordance with the sampling 

procedures detailed within the Program guidelines document. The Department intends to 

sample and inspect 100% of all lots produced under the Program. To ensure standard sampling 

at a confidence level of 95 percent that no more than one percent of the plants in each lot would 

exceed the acceptable hemp THC level, the Department has adopted the USDA-AMS’s sampling 

matrix from the USDA-AMS’s guidelines document entitled “Sampling Guidelines for Hemp.” The 

sampling matrix, Table 3A & 3B of “Sampling, Testing, Remediation and Disposal Guidelines,” 

determines the number of cuttings needed for sampling from a lot size in acres of a growing area 
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requested for harvest. See Section 11 of Program Rules, A.C.A. § 2-15-509(e), & “Sampling, 

Testing, Remediation and Disposal Guidelines”

• All samples must be collected from the flowering tops of the plant by cutting the top five 

to eight inches from the “main stem” (that includes the leaves and flowers), “terminal 

bud” (that occurs at the end of a stem), or “central cola” (cut stem that could develop 

into a bud) of the flowering top of the plant. 

Department Response: The Department has adopted a procedure for sampling and collecting 

floral hemp material prior to harvest, established by an annually published guidelines document 

entitled “Sampling, Testing, Remediation and Disposal Guidelines,” as prompted by the Program 

Rules Section 11 and A.C.A. § 2-15-509(e). The top 8 inches (or just below the floral/inflorescence 

material) of the cannabis plant’s main/apical stem will be sampled for THC concentration 

compliance testing. It is the Department’s intention to sample 100% of all lots produced under 

the Department Program. Licensed Growers are only permitted to begin harvesting after a

Department representative has first collected Pre-Harvest compliance samples from the 

requested lot(s) for harvest. See Section 11 of Program Rules, A.C.A. § 2-15-509(e), & 

“Sampling, Testing, Remediation and Disposal Guidelines”

A. Procedures to either sample all lots or do performance based sampling: 

1. Sampling all lots [990.3 (a) (2) i-iii]:

• The standard sampling method must be used by all producers, except for producers 

operating under a State or Tribal plan that includes a performance-based sampling 

requirement.

Department Response: The Department will utilize standard sampling protocols. It is the 

Department’s intention to sample and test 100% of all lots produced under the Department’s 

Hemp Program. See “Sampling, Testing, Remediation and Disposal Guidelines”

• Every lot and every single growing location must be sampled and tested. 

Department Response: The Department will utilize standard sampling protocols. It is the 

Department’s intention to sample and test 100% of all lots produced under the Department’s 

Hemp Program. See “Sampling, Testing, Remediation and Disposal Guidelines”

B. Procedures on sampling agents:

• Procedures to conduct sampling and testing within 30 days prior to the anticipated harvest 

date; samples must be collected by a sampling agent. Producers may not collect samples 

from their own growing facilities. [990.3 (a) (2) (i)]
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Department Response: The Department has adopted a procedure for collecting floral hemp 

material compliance samples prior to harvest, established by an annual guidelines document 

entitled “Sampling, Testing, Remediation and Disposal Guidelines,” as prompted by Program 

Rules Section 11(A) and A.C.A. § 2-15-509(e). Licensed Growers shall submit a Program document 

entitled “Harvest Request Form” to the Department no more than fifteen (15) days prior to the 

intended harvest date of the requested lot(s), per Section 10(B) of Program Rules. Receipt of a 

complete and correct Harvest Request Form allows the Department time to dispatch a 

Department representative to the licensed location for compliance sample collection prior to 

harvest, per Section 10(C) of Program Rules. Licensed Growers are only permitted to begin 

harvesting procedures after a Department representative has first conducted a site inspection 

and collected Pre-Harvest compliance samples from the requested lot(s) for harvest. See Section 

11(A)&(B) of Program Rules, A.C.A. § 2-15-509(e) and “Sampling, Testing, Remediation and 

Disposal Guidelines” 

• Procedures for collecting samples from the flowering tops of plants which shall be 

approximately five to eight inches in length from the “main stem” (that includes the leaves 

and flowers), “terminal bud” (that occurs at the end of a stem), or “central cola” (cut stem 

that could develop into bud). [990.3 (a) (2) (ii)]

Department Response: The Department has adopted a procedure for collecting the flowering 

tops of plants prior to harvest, established by an annually published guidelines document entitled 

“Sampling, Testing, Remediation and Disposal Guidelines” as prompted by Section 11(A) of 

Program Rules and A.C.A. § 2-15-509(e). The sample collection will be conducted by an 

authorized Department representative and will be done in accordance with the sampling 

procedures detailed within the Program guidance document “Sampling, Testing, Remediation 

and Disposal Guidelines.” The top eight (8) inches (or just below the floral/inflorescence material) 

of the cannabis plant’s main/apical stem will be sampled for the acceptable hemp THC level. It is 

the Department’s intention to sample 100% of all lots produced under the Department Program. 

See Section 11(A) of Program Rules, A.C.A. § 2-15-509(e), and “Sampling, Testing, Remediation 

and Disposal Guidelines”

• Procedures to ensure the sampling method used represents a homogenous composition 

of the lot. [990.3 (a) (2) (iii)]

Department Response: The Department has adopted a procedure for ensuring sampling 

methods represent a homogenous composition of the lot, established by an annually published 

guidelines document entitled “Sampling, Testing, Remediation and Disposal Guidelines” as 

prompted by Section 11(A) of Program Rules and A.C.A. § 2-15-509(e). See Section 11(A) of 

Program Rules, A.C.A. § 2-15-509(e), and “Sampling, Testing, Remediation and Disposal 

Guidelines”
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• Procedure/statement/allowance to require the producer or an authorized representative 

of the producer to be present at the growing site during sample collection. [990.3 (a) (2) 

(iv)]

Department Response: The Department has adopted a procedure for collecting floral hemp 

material compliance samples prior to harvest, established by an annual guidelines document 

entitled “Sampling, Testing, Remediation and Disposal Guidelines,” as prompted by Program 

Rules Section 11(A) and A.C.A. § 2-15-509(e). Pursuant to Program Rules Section 10(D), the 

licensee or its authorized agent must be present during the Department’s site inspection and 

sample collection. See Section 10(D) of Program Rules and “Sampling, Testing, Remediation 

and Disposal Guidelines”

• Procedures to allow for representatives of the sampling agency to have complete and 

unrestricted access during business hours to all hemp and other cannabis plants and all 

land, buildings, etc. used for cultivation, handling, and storage. [990.3 (a) (2) (v)]

Department Response: Pursuant to Program Rules Section 10(E), the Arkansas Industrial Hemp 

Act, and the licensee’s approved and signed Licensing Agreement, the Department, or its agent, 

and any law enforcement entity are authorized to enter any licensed premises at any time, with 

or without cause and without advanced notice. See Section 10(E) of Program Rules and A.C.A. 

§ 2-15-507

• Procedures to ensure that a producer does not harvest any cannabis prior to samples being 

taken. [990.3 (a) (2) (vi)]

Department Response: The Department has adopted a procedure for collecting floral hemp 

material compliance samples prior to harvest, established by an annual guidelines document 

entitled “Sampling, Testing, Remediation and Disposal Guidelines,” as prompted by Program 

Rules Section 11(A) and A.C.A. § 2-15-509(e). The Department has also adopted rules pertaining 

to the Licensee’s responsibilities prior to harvest in Section 10 of the Program Rules. Licensees 

are not permitted to harvest any hemp material prior to the Department’s collection of 

compliance samples per Section 10(F), (G), (J). See Section 10 of Program Rules and “Sampling, 

Testing, Remediation and Disposal Guidelines”

• Procedures to ensure sampling agents are trained using USDA, state, or tribal training and 

the information is maintained by the state or tribal government. [990.3 (a) (2) (vii)]

Department Response: The Department has adopted a procedure for sample collection using 

authorized Department representatives within the annually published guidelines document 

entitled “Sampling, Testing, Remediation and Disposal Guidelines” as prompted by Program Rules 

Section 11(A) and A.C.A. § 2-15-509(e). All Department Plant Industries inspectors attend an 

annual mandatory inspector training orientation where AR Hemp Program Rules and 

inspection/sampling procedures are explained in-detail to Department inspectors by the 

Department’s Hemp Program Staff. The Program educates and informs the Department 
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inspectors on proper sampling techniques and any changes or deviations to the Program’s 

annually published “Sampling, Testing, Remediation and Disposal Guidelines” document. The 

Department monitors and documents the attendance of the inspector orientation training 

sessions, permitting an inspector to conduct sampling of hemp lots grown under the 

Department’s Hemp Program. See Section 11(A), A.C.A. § 2-15-509(e), and “Sampling, Testing, 

Remediation and Disposal Guidelines”

C. Procedures on testing:

• Provides a definition for “acceptable hemp THC level.” [990.1]

Department Response: Pursuant to Section 11(C) of Program Rules and A.C.A. § 2-15-509(e), the 

Department is permitted to establish a sampling, testing, and remediation program, published 

annually on the Program’s website as a “Sampling, Testing, Remediation and Disposal Guidelines” 

document. This policy guidance document defines “acceptable hemp THC level” to mean, “the 

application of the Measurement of Uncertainty to the reported (decarboxylated) delta-9-THC 

concentration level on a dry weight basis to the 0.30% limit set forth in federal and state law.” 

See Section 11(C) of Program Rules, A.C.A. § 2-15-509(e), and “Sampling, Testing, Remediation 

and Disposal Guidelines”

• Procedures to require testing for delta-9 THC concentration. The procedures must 

require accurate identification of the acceptable hemp THC level. Testing methods must 

include but are not limited to: 1) Post decarboxylation or other similarly reliable method, 

2) Consideration of potential conversion of delta-9 THCA into THC and test result 

measure total available THC (THC + THCA); 3) Use of gas or liquid chromatography with 

detection; 4) Procedures to determine total THC concentration on a dry weight basis. 

[900.3 (a) (3)]

Department Response: The Department has adopted a procedure for testing hemp material for 

the accurate identification of the acceptable hemp THC level as established by an annual 

guidelines document entitled “Sampling, Testing, Remediation and Disposal Guidelines,” as 

permitted by Program Rules Section 11(C) and A.C.A. § 2-15-509(e). All official Program 

compliance samples are sampled directly by authorized Department inspector staff and handdelivered by Department staff to the Department’s Plant Industries Chemistry Lab for compliance

testing for the acceptable hemp THC level. The Department must first inspect licensed sites and 

collect samples of hemp material prior to any harvesting, processing or marketing of the hemp 

material, as indicated in Section 11(C)(1) and Section 11(C)(5) of Program Rules. The 

Department’s Plant Industries Chemistry Lab shall test official compliance samples for Total 

Delta-9-THC concentration, or decarboxylated Delta-9-THC, in accordance with the Department’s 

annual testing guidelines document entitled “Sampling, Testing, Remediation and Disposal 

Guidelines” and Program Rules Section 11(C). The THC quantitation method utilized by the 
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Department’s Plant Industries Chemistry Lab accounts for the potential conversion of delta-9-

THC acid into delta-9-THC, using either gas chromatography or high-performance liquid 

chromatography, in order to effectively calculate the acceptable hemp THC level on a dry weight 

basis. See Section 11(C)(1)-(6) of Program Rules, A.C.A. § 2-15-509(e), and “Sampling, Testing, 

Remediation and Disposal Guidelines”

• Procedures to ensure the hemp plant material from one lot not be commingled with 

hemp plant material from other lots. [990.3 (a) (3) (iii)]

Department Response: The Department has adopted a procedure to ensure hemp material 

produced by a licensee from one lot will not be commingled with hemp material from other lots, 

established by an annual guidelines document entitled “Sampling, Testing, Remediation and 

Disposal Guidelines.” The Program Rules also addresses the prohibition of commingling 

harvested hemp material in Section 10(H) and Section 11(C). Furthermore, A.C.A. § 2-15-510(c) 

prohibits the commingling of one hemp lot from being mixed with other hemp lots. See Section 

10(H) and Section 11(C) of Program Rules, A.C.A. § 2-15-510(c), and “Sampling, Testing, 

Remediation and Disposal Guidelines”

• Procedures to require hemp testing laboratories to adhere to standards of performance 

for detecting THC concentration, including Measurement of Uncertainty (MU). [990.3 (a) 

(3) (iii) (A through G)]

Department Response: Pursuant to Section 11(C) of Program Rules and A.C.A. § 2-15-509(e), the 

Department is permitted to establish a sampling, testing, and remediation program, published 

annually on the Program’s website as a “Sampling, Testing, Remediation, and Disposal 

Guidelines” document. The Department’s Plant Industries Chemistry Lab participates in a 

nationwide hemp proficiency testing program sponsored by the University of Kentucky 

Regulatory Services Laboratory to ensure standards of performance for detecting THC 

concentration in cannabis samples. The Department Plant Industries Chemistry Lab has 

calculated the expression of uncertainty in measurement (MU), using the GUM calculation,

derived from previous seasons’ THC concentration data collected during the Department’s Pilot

Hemp Research Licensing Program. The Department Plant Industries Chemistry Lab’s use of the 

MU value is only intended for the Department’s official testing laboratory conducting THC

analysis on official compliance samples grown under the Program and is not the official MU value 

for all third-party cannabis testing facilities in Arkansas. See Section 11(C) of Program Rules, 

A.C.A. § 2-15-509(e), and “Sampling, Testing, Remediation and Disposal Guidelines”

• Requirement to only use DEA registered labs after December 31, 2022. [990.3 (a) (3) (iii) 

(H)]

Department Response: The Department’s Plant Industries Chemistry Laboratory is the only 

official entity authorized to conduct official compliance testing for the AR Hemp Licensing 

Program and is actively applying for DEA lab-registration with the DEA. The Department
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anticipates no issues with obtaining this registration from the DEA and will alert the USDA of any 

changes or deviations from current plans in meeting this requirement prior to December 31, 

2022. 

• Procedures for requiring testing laboratories to report test results to USDA for determining 

compliance with this part. [990.3 (a) (3) (iii) (H) (4)]

Department Response: The Department’s Plant Industries Chemistry Laboratory is the only

official entity authorized to conduct official THC compliance testing for the AR Hemp Licensing 

Program, which determines whether a crop is permitted to be marketed, processed or sold. The 

Department has the ability to generate custom reports and will provide the information 

mentioned above ([990.3 (a) (3) (iii) (H) (4)]) to USDA on a reoccurring monthly schedule, or upon 

request, in the information sharing format deemed acceptable by USDA. The Department will 

report test results to the USDA as needed or prompted by the USDA. 

3) Plan for disposal procedures. 

• Procedures for the disposal or remediation of cannabis plants if the sample representing 

that plant tests above the acceptable hemp THC level. [990.3 (a) (6)]

Department Response: Pursuant to Section 11(C) of Program Rules and A.C.A. § 2-15-509(e), the 

Department is permitted to establish a sampling, testing, and remediation program, published 

annually on the Program’s website as a “Sampling, Testing, Remediation and Disposal Guidelines” 

document. If the Department Plant Industries Chemistry Lab issues a laboratory report from a 

compliance sample that indicates the acceptable THC level has been exceeded, the Department 

will notify the licensee that the licensee has produced cannabis that exceeds the acceptable 

hemp THC level concentration. As indicated in the Program’s guidelines document “Sampling, 

Testing, Remediation, and Disposal Guidelines,” the licensee must make the necessary 

arrangements within fifteen (15) days of receiving noncompliant lab results to implement a 

mandatory destruction of the noncompliant material, which includes the submission of a 

completed “Destruction Request Form” to the Department at least fifteen (15) days prior to 

disposing of any noncompliant material. Department staff will be present at all mandatory 

destructions of noncompliant material to witness, document, and ensure a Departmentapproved disposal method was implemented rendering the material non-retrievable. 

Department approved disposal methods mirror USDA-AMS’s approved methods for disposal and 

are included within the Program’s annually published “Sampling, Testing, Remediation, and 

Disposal Guidelines” document. Additionally, the local county Sheriff’s office may be notified and 

invited to witness the mandatory destruction of any noncompliant cannabis materials produced 

in the Program. The disposal of any hemp or cannabis material is prohibited unless approval is 

granted in writing to the licensee by the Department, or the Department or other authorized 

agent is present to witness the destruction of noncompliant cannabis material. The Department 
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reserves the right to sample and test any destruction lots for THC concentration testing as 

permitted by Program Rules. See Section 10(C) of Program Rules, A.C.A. § 2-15-509(e), and 

“Sampling, Testing, Remediation and Disposal Guidelines”

• Procedures to notify USDA of non-compliant plants and disposal of those plants from the 

lot where representative samples were taken. Test results must be included. [990.3 (a) 

(6)]

Department Response: Licensees must notify the Department fifteen (15) days prior to any

disposal of hemp or cannabis material using the Department form entitled, “Destruction Request 

Form,” as prompted by Program Rules Section 10(B). The Department has the software 

capabilities to generate custom reports that include this information and will provide those 

reports to USDA on recurring schedules or upon request in a manner prescribed by USDA. All lab 

test results from the Department Plant Industries Chemistry Lab will be included with 

destruction/disposal reports of noncompliant plants produced under the Program to USDA. See 

Section 10(B) of Program Rules

4) Plan for remediation procedures.

• Procedures to ensure effective disposal or remediation of plants produced in violation of 

part 990; only those successfully remediated crops will be allowed to enter the stream of 

commerce, and all other remaining non-compliant crops must then be disposed. [990 (a) 

(6) (i-iii); 990 E. Disposal and Remediation of Non-Compliant Plants]

Department Response: Pursuant to Section 11(C) of Program Rules and A.C.A. § 2-15-509(e), the 

Department is permitted to establish a sampling, testing, and remediation program, published 

annually on the Program’s website as a “Sampling, Testing, Remediation and Disposal Guidelines” 

document. This annually published guidelines document details permissible methods of 

noncompliant hemp disposal and acceptable forms of post-harvest crop remediation for the 

Program’s licensees to utilize. The Program’s guidelines document was drafted in consultation

with the USDA-AMS’s “Remediation and Disposal Guidelines for Hemp Growing Facilities” 

published on the U.S. Domestic Hemp Production’s website. If a lot is tested above the 

acceptable hemp THC level under pre-harvest sampling procedures but remains below 1.00% 

Total THC, the Department will allow the resampling and retesting of the harvested lot only if the 

lot has been properly remediated by the licensee in an appropriately remediated form (i.e. the

harvested lot is no longer in intact-plant form; the lot has been chopped, ground, trimmed, etc. 

into a homogenized lot). See Section 11(C) of Program Rules and A.C.A. § 2-15-509(e). 

5) Plan for inspection procedures. 
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• Procedure for conducting annual inspections of random sample of licensed producers to 

verify that hemp is not produced in violation of this part. [990.3 (a) (7)]

Department Response: Pursuant to Section 8(B) & (C) of the Program Rules and A.C.A. § 2-15-

507(c)(2)(i), the Department has the authority to conduct random inspections of licensees at any 

time, with or without cause and without advanced notice. The Department shall conduct random 

inspections at least annually of a random sample of licensees to ensure that hemp is being 

cultivated in compliance with the Program Rules and the Arkansas Hemp Production Act. All 

hemp lots grown in Arkansas’s Hemp Licensing Program are sampled and inspected by the 

Department at least 15-days prior to the licensee’s anticipated harvest date. The Department 

also conducts geospatial verification inspections at the time of the Department’s sample 

collection and randomly throughout the calendar year. See Section 8(B)&(C) of Program Rules 

and A.C.A. § 2-15-507(c)(2)(i)

6) Plan for collection information.

• Procedure for submitting the information described in 990.70 to the Secretary not more 

than 30 days after the date on which the information is received. [990.3 (a) (8)]

Department Response: The Department has software capabilities to generate custom reports 

that include this information and will provide those reports to USDA on recurring schedules or 

upon request. The Department intends to comply with all reporting requirements described in 7 

CFR 990.70 (revised January 19, 2021) to USDA. 

• Procedure for producers licensed under state and tribal government plans to share 

information with USDA, Agricultural Marketing Service (AMS), and Farm Service Agency 

(FSA) including: 1) hemp crop acreage; 2) reporting total acreage of hemp planted, 

harvested, and disposed; 3) license or authorization number; 4) street address; 5) 

geospatial location(s) of each lot or greenhouse where hemp will be produced; 6) 

acreage of greenhouse or indoor square footage dedicated to the production of hemp. 

[990.3 (a) (10) and 990.7]

Department Response: The Department has adopted Program reporting requirements in 

Section 7 and Section 13 of the Program Rules. Licenseesshall report the hemp crop acreage and 

other applicable information or data to the USDA, Agricultural Marketing Service, or Farm Service 

Agency in accordance with 7 CFR 990.23 (revised January 19, 2021). The information referenced

above is tracked by the Department and will be reported to USDA on recurring schedules or upon 

request. To ensure a licensed producer shares the above information with USDA, AMS, or FSA, 

the Department will verify on required Program reporting documentation whether the producer

has shared or reported the applicable information with the USDA, AMS, or FSA. Those producers 

who have not submitted the relevant information to the USDA, AMS, or FSA will be considered 
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to have failed to submit required Program reporting documentation, which is a violation of 

Program Rules. See Section 7 and Section 13 of Program Rules

7) Plan to comply with enforcement procedures.

• Procedures to contain provisions relating to negligent producer violations as defined 

under this part; producers shall not receive more than one negligent violation per 

growing season. [990.6 (b)]

Department Response: The Department has the authority to issue Corrective Action Plans as 

needed for any violation of the Program Rules or associated USDA hemp production program 

rules. The Program Rules summarize prohibited acts in Section 17. The Department will not issue 

more than one negligent violation per growing season to a licensed producer in accordance with 

this requirement. See Section 17 of Program Rules

• Provides for corrective action plan for negligent violations: 1) failure to provide legal 

description of land; 2) failure to obtain a license; 3) produces cannabis with THC 

exceeding 1.0 percent. [990.6 (b)]

Department Response: The Department has the authority to issue Corrective Action Plans as 

needed for any violation of the Program Rules. An applicant will not be approved for licensure

with the Department without a legal land description provided within a submitted application. 

Hemp producers that fail to obtain a license in Arkansas will be reported to state law 

enforcement, which may result in seizure of contraband cannabis materials. The Department 

has adopted a procedure for disposal of noncompliant hemp material, established by an annual 

guidelines document entitled “Sampling, Testing, Remediation and Disposal Guidelines” as 

permitted by Section 10(C). All issued Corrective Action Plans will comply with Program Rules 

and the annually published sampling and testing guidelines documents. See Section 10(C) of 

Program Rules and Program Guidelines Document entitled “Sampling, Testing, Remediation 

and Disposal Guidelines” 

• Procedures to provide for the correction of negligent violations: 1) a reasonable date to 

correct the violation; 2) reporting requirements for 2 years from date of the negligent 

violation; 3) violations are not subject to federal, state, tribal, or local government 

criminal enforcement action; 4) provides that a negligent violation 3 times within a 5-

year period is ineligible to produce hemp for a period of 5 years from the date of the 3rd 

violation; 5) state or tribal government shall conduct inspections to determine if 

corrective action plan has been implemented. [990.6 (c)]

Department Response: The Department has the authority to issue Corrective Action Plans as 

needed for any violation of the Program Rules. As established by annual Program Policy

guidelines, Corrective Action Plans will include: 1) a reasonable date to correct the violation, 2) 

reporting requirements for two (2) years from date of the negligent violations, 3) will not 
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subject the licensee to criminal enforcement action, 4) prevent licensure for up to five (5) years 

if a negligent violation occurs three (3) times within a five (5) year period, and 5) include 

inspections to determine if the corrective action plan has been properly implemented. 

Corrective Action Plans issued by the Department conform to Program Rules and the AR Hemp 

Production Act and will be appropriate to the specific violation. 

• Procedures for producer violations made with a culpable mental state greater than 

negligence: Producer shall be reported to the U.S. Attorney General and the chief law 

enforcement officer of the state or tribal government. [990.6 (d)]

Department Response: The Department will report to the U.S. Attorney General and the 

Arkansas Chief Law Enforcement Officer if a licensed producer that commits violations made with 

a culpable mental state greater than negligence. This procedure will be implemented as soon as 

information is received and confirmed by the Department. 

• Procedures for addressing felonies: 1) provides for a 10-year ineligibility restriction for 

persons with a State or Felony conviction relating to a controlled substance; 2) provides 

for controlled substance felony conviction exception for participants in state hemp pilot 

program authorized under the 2014 Agricultural Act after December 2018; 3) procedures 

for business entities to determine which participants are considered to be “key” or have 

executive managerial control. [990.6 (e)]

Department Response: The Department Program Rules addresses felony conviction ineligibility

in Section 2(A)(9) and Section 2(C). A person who was lawfully producing hemp under the state 

plan authorized under the 2014 Farm Bill and who had been convicted of a felony relating to a 

controlled substance will not be prohibited from participating in a state plan pursuant to the 2018 

Farm Bill. Procedures for business entities to determine which participants are considered “key”

will be determined within the Department’s application for licensure and will be verified with the 

Arkansas Secretary of State’s Office. All key participants will be required to submit annual state 

and federal criminal history background checks to the Department prior to licensure or licensure 

renewal. See Section 2(A)(9) and Section 2(C) of Program Rules

• Procedures stating that any persons who materially falsify any information in their 

application shall be deemed ineligible to participate in the program. [990.6 (f)]

Department Response: The Department has established language within the Program Rules that 

accounts for any person providing false, misleading, or incorrect information to the Department, 

which includes information provided within an application and any subsequent Program report 

or request form. See Section 17(M) of Program Rules

8) Certification that the state or tribal government (whichever applicable) has resources and 

personnel to carry out required Farm Bill practices and procedures. [990.3 (a) (9)]
11/2/2021

Page 13

Department Response: The Department has provided a certifying statement from the Secretary 

of Agriculture included within this hemp production plan submission document. 

9) Plan may include other practices or procedures as long as consistent with this part and the 

Act. Plan may include requirements more stringent than this part or the Act. [990.3 (a) (10) (b) 

(1) and (2)]

Department Response: The Department will administer the Program as established by the 

Arkansas Hemp Production Act as amended to the extent that the Act and related Program Rules 

are consistent with and not less stringent than the 2018 Farm Bill. See A.C.A. § 2-15-501 et seq.

License Numbering Schemes for State and Tribal Hemp Production Plans:

States must use the following format when assigning license or authorization numbers: 

[ANSI/FIPS State Code_State License #]

Department Response: Arkansas will issue licenses using the following format:

05_H1, 05_H2, 05_H3, 05_H4, etc.

Page 1 of 17

Sampling, Testing, Remediation & Disposal Guidelines

Arkansas Hemp Program– 2022 Season

Publication Date: 11/2/2021

I. Introduction & Purpose

Federal and state law charge the Arkansas Department of Agriculture (“Department”) with responsibility for 

managing Arkansas’s Hemp Program (“Program”). In 2014, Congress enacted legislation permitting state 

departments of agriculture to conduct research pilot programs with industrial hemp. Congress specifically limited 

its authorization of state-level industrial hemp research pilot programs as defined in 7 U.S.C. § 5940 (2014 Farm 

Bill). The 2018 Farm Bill (P.L. § 115-334) removes hemp from the list of controlled substances and delegates the 

regulatory authority to the state departments of agriculture through a USDA-approved state plan. As required by 

the Arkansas Hemp Production Act (A.C.A. § 2-15-501 et seq.), the Department intends to receive federal approval 

from the USDA-AMS U.S. Domestic Hemp Production Program to continue regulating hemp production in 

Arkansas under the 2018 Farm Bill authority for the 2022 season. 

To that end, the Arkansas Hemp Program conducts a sampling, testing, remediation and disposal program to 

confirm and ensure compliance with state and federal law, as permitted by A.C.A. § 2-15-509(e). A.C.A. § 2-15-

503(5) defines industrial hemp as “the plant Cannabis sativa and any part of the plant, including the seeds of the 

plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or 

not, that contains a tetrahydrocannabinol concentration of no more than that adopted by federal law under the 

Agricultural Marketing Act, 7 U.S.C. § 1639o, as it existed on January 1, 2021.”

A.C.A. § 2-15-509(e) directs the Department to establish a sampling, testing, remediation and disposal program 

that will ensure that THC levels in industrial hemp produced by the Department’s license holders do not exceed 

the 0.3% delta-9-THC threshold set by Congress. The Department intends to inspect and sample 100% of hemp 

plots grown under the Arkansas Hemp Program. All varieties will be tested for compliance with the acceptable 

hemp THC level threshold set by Congress. 

II. Definitions

1) “Acceptable Hemp THC Level” means the application of the Measurement of Uncertainty to the reported 

(decarboxylated) delta-9-THC concentration level on a dry weight basis to the 0.30% limit set forth in 

federal and state law. 

2) “Cannabis” means the plant that, depending on its THC concentration level, is defined as either “hemp” 

or “marijuana.” Cannabis is a genus of flowering plants in the family Cannabaceae of which Cannabis 

sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis includes 

all parts of the plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and 

extracts; and does not include a “publicly marketable hemp product,” as defined by Program Rules. 

3) “Decarboxylated” means the completion of the chemical reaction that converts THC-acid into delta-9-

THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a 

conversion formula that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent of THC-acid. 

4) “delta-9-THC” means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component 

of cannabis). For compliance purposes, all delta-9-THC concentrations must be measured post-
Page 2 of 17

decarboxylation or by another method which shall include both delta-9-THC and delta-9-THCA (also 

known as Total THC). 

5) “Department” means the Arkansas Department of Agriculture. 

6) “Disposal” or “destruction” means an activity that transitions the noncompliant material or product into 

a non-retrievable or non-ingestible form. Such activities include plowing, tilling, or disking plant material 

into the soil; mulching, composting, chopping, or bush mowing plant material into green manure; burning 

plant material; burying plant material into the earth and covering with soil. 

7) “Handle” means to harvest or store hemp plants or hemp plant parts prior to the delivery of such plants

or plant parts for further processing. “Handle” also includes the disposal of such plants. 

8) “Harvest” means the process of collecting plants or any part of plants, including but not limited to viable 

seeds, flowers, cuttings for propagation, etc. 

9) “Industrial Hemp” shall be used interchangeably with “Hemp” and have the same meaning. Hemp means 

Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, 

cannabinoids, isomers, acids, salts, and salt of isomers, whether growing or not, with a delta-9-

tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis, as defined in the 

Agricultural Improvement Act of 2018, 21 U.S.C. & 801 et seq. as it currently exists or as it may be 

subsequently amended. 

10) “Inspector” means an employee or other representative of the Department sent to collect samples and 

perform inspections. 

11) “Location ID” means the unique identifier name established by the applicant or licensee for each unique 

set of GPS coordinates where industrial hemp will be grown, handled, stored, or processed, which may 

include a field name or building name. 

12) “Lot” means a contiguous area in a field, greenhouse, or indoor growing structure containing the same 

variety or strain of hemp throughout the area. 

13) “Measurement of Uncertainty” means the parameter, associated with the result of a measurement that 

characterizes the dispersion of the values that could reasonably be attributed to the particular quantity 

subject to the measurement. 

14) “Post-Harvest Sample” means a sample taken from the harvested industrial hemp material from a 

particular lot’s harvest in accordance with these procedures developed under the program rules; the 

entire lot’s harvest must be in the same form (for example: flowers, chopped materials, ground materials, 

trimmed materials, removed floral and leaf materials, etc.), homogenous, and not mixed with non-hemp 

materials or hemp from another lot. 

15) “Pre-Harvest Sample” means a composite, representative portion from plants in a hemp lot collected 

prior to harvest in accordance with these procedures developed under the program rules. 

16) “Program” means the Arkansas Industrial Hemp Research Pilot Program as established by the Arkansas 

Hemp Production Act, A.C.A. 2-15-501 et seq. and associated program rules. 

17) “Prohibited Variety” means a variety or strain of cannabis excluded from the Department’s Industrial 

Hemp Research Program. 

18) “Remediation” refers to the process of rendering noncompliant cannabis, compliant. Remediation can 

occur by removing and destroying flower material, while retaining stalk, stems, leaf material, and seeds. 

Remediation can also occur by shredding the entire plant into a biomass like material, then re-testing the 

shredded biomass material for compliance via the Post-Harvest Sampling Procedures detailed within 

these procedures developed in accordance with program rules.
Page 3 of 17

19) “Variety of Concern” means any variety of hemp in the program that tests above 0.3% total delta-9-THC 

in one (1) or more pre-harvest samples from diverse locations and production conditions. A hemp variety 

designated as a “Variety of Concern” may be subject to restrictions and additional testing. 

III. Scope

Pre-Harvest Samples and properly remediated Post-Harvest Samples collected by Department inspectors are 

acceptable for submission to the Department’s Laboratory Services Division for testing for the acceptable hemp 

THC level. All sampled hemp lots are hand-delivered to the Department’s Laboratory Services Division from an 

authorized Department inspector or representative. All representative compliance samples for the acceptable 

hemp THC level testing become property of the Department and are non-returnable. The Department reserves 

the right to test all hemp and other cannabis crops produced by any License Holder for THC compliance. The 

Department intends to inspect, sample, and test 100% of all hemp and other cannabis plots to be produced under 

the Program. The Department is the only entity authorized to collect official compliance samples and conduct 

official compliance THC testing for all hemp lots produced under the Department’s Hemp Licensing Program. 

Third-party laboratories are NOT permitted at this time to conduct official THC testing to determine whether or 

not a lot is permitted to be marketed or sold. Licensed producers, however, are encouraged to monitor THC 

levels once their crop begins to mature or flower by utilizing a licensed third-party laboratory. 

This guidance document is for informational purposes only and does not have the force and effect of law. 

Nothing in this guidance document should be construed as rulemaking, nor should it be construed as seeking 

to supersede existing law.

IV. Equipment & Supplies for Department Inspector

The Department inspector shall use the following equipment and supplies, provided to the inspector by the 

Program:

1) Garden pruners/shears

2) Rubbing alcohol disposable wipes

3) Paper sample bags

a. The standard paper bags for sample collection are ‘heavy duty’ evidence bags and can

withstand up to 12 pounds of plant material. 

b. If a lot to be sampled cannot fit inside the standard paper bag, a larger paper bag provided by 

the Department’s Plant Industries Chemistry Lab will be utilized, as determined on a case-bycase basis. 

4) Heavy-duty stapler with extra staples

5) Security tape

6) Permanent markers and Ink pens

7) Inspection Paperwork

a. Licensee and Location Information 

b. Sampling lot(s) information

c. Sample Forms with Chain of Custody
Page 4 of 17

d. Location IDs aerial map

e. GPS verification form

f. Planting Report(s)

g. Any other relevant documentation associated with inspection

8) Department issued cell phone or handheld GPS unit to verify GPS coordinates/Location IDs

9) Nitrile disposable gloves or sterilized scoop

10) 5-Gallon Bucket(s) with lid for transport

11) Metric rulers with 8 inches/20 centimeters marked for plant cuttings

V. Harvest Sampling Procedures

a) Grower Responsibilities prior to Harvesting any Lot

1) No hemp plant or hemp plant parts shall be harvested from any lot before a Department inspector 

completes an inspection and sample-collection visit. 

2) The Grower shall submit a completed “Harvest Request Form” via e-mail communication to

industrialhemp@agriculture.arkansas.gov at least fifteen (15) days in advance of the expected harvest 

date. If no harvest will take place from a planted lot, a “Destruction Request Form” must be submitted 

to the Department at least fifteen (15) days in advance of the expected disposal date. Every lot 

planted by a license holder must have either a Harvest Request Form or Destruction Request Form

submitted to the Department. 

3) Receipt of a Harvest Request Form triggers a site inspection and sample collection by a Department 

Inspector. 

4) Department inspectors shall contact the grower to confirm the harvest lot location and to schedule a

specific time on a date that is not later than the grower’s expected harvest date. 

5) The licensee or the grower’s designated responsible party shall accompany the Department inspector 

throughout the inspection and sampling process. 

6) The inspector shall be provided with complete and unrestricted access to all industrial hemp plants, 

whether harvested or not, all land, buildings or other structures used for the cultivation, handling and 

storage of industrial hemp plants or plant parts, and all locations listed in the Hemp Grower License. 

7) The grower shall complete the harvest of the crop from a lot not more than fifteen (15) days following 

the date of the inspection and sample-collection visit, unless specifically authorized in writing by the 

Department; provided, however, that such authorization shall not exceed an additional five (5) days 

and shall not be granted by the Department without its determination that the cause of delay was 

inclement weather or another circumstance beyond the licensed grower’s control. 

8) If a licensed grower fails to complete the harvest of the crop from a lot within fifteen (15) days 

following the date of sample collection, then the licensed grower shall submit a new Harvest Request 

Form and may be required to pay additional sampling fees established by Program Rules. 

9) Harvested materials shall not be comingled with other harvest lots without express permission from 

the Department. 

10) Harvested material shall not be removed from the Licensed Grower or Processor/Handler’s property, 

nor comingled, nor extracted, until the Department releases the material based on a satisfactory 

laboratory report indicating acceptable hemp THC levels from the Department’s Laboratory Services 
Page 5 of 17

Division. The Department’s Laboratory Services Division is currently the only lab authorized to 

conduct official program THC compliance testing. 

11) Once samples are received by the Department’s Laboratory Services Division, the Program will issue 

a “Sample Invoice” via e-mail communication to the license holder within 30-days of sample 

collection. The number of pre-harvest and post-harvest samples requested by the licensed grower 

and collected by the Department determines the sampling fees due to the Program. 

12) The licensed grower shall pay the “Sample Invoice” within thirty (30) days of the Program issuing an

invoice via e-mail. If a licensed grower fails to pay the Sampling Invoice in full within thirty (30) days

of e-mail receipt, the Department may refer the license holder to the Department’s debt collection 

agency after given notice in-writing. 

13) The Department shall notify the grower of lab test results from the Department’s Laboratory Services 

Division as soon as reasonably practical. Lab results shall be reported to the license holder via e-mail

communication. 

a) NOTE: The Department shall make every effort to return an analysis within thirty (30) days of 

sample receipt, however, turnaround times will be affected by Program and laboratory staff 

workload. Lab results shall be sent to the Grower’s business email on-file. It is the Grower’s 

responsibility to make sure this e-mail is monitored, valid and current, as originally agreed upon 

within the signed Terms & Conditions of the Program’s Application. Waiting for the Department’s 

lab analysis report is NOT a valid reason to delay harvest beyond fifteen (15) days following the 

Department’s date of inspection and sample-collection visit. 

b) Verification of Licensed GPS Coordinates by Department Inspector

1) The Department inspector shall verify the GPS Coordinates and Location IDs of the production area(s)

as compared with the GPS coordinates and Location ID information provided by the licensee within 

an approved application or Site Modification Request Form. 

2) The Department inspector shall verify that proper field plot signage is posted on all Field Location IDs, 

as prompted by Section 3(F) of the Program Rules. 

3) The Department inspector shall look for evidence that hemp plants or other cannabis plants were 

harvested without authorization prior to the inspector’s inspection and sample-collection visit. 

4) During the inspection, the Department inspector shall notify Hemp Program Staff of any discrepancies 

associated with Location IDs where hemp is produced, handled, and/or stored. The Department 

inspector will record updated GPS Coordinates for a specific Location ID on the GPS Verification Form. 

c) Pre-Harvest Sampling Procedure to be conducted by Department Inspector 

1) The Program will e-mail the Department inspector the harvest inspection paperwork associated with 

the Harvest Request Form submitted by the licensed grower. 

2) No earlier than fifteen (15) days prior to the grower’s expected harvest date, a Department inspector 

will collect a representative sample from the lot to be harvested. 

3) The Department inspector shall assemble all necessary forms, Personal Protective Equipment (PPE), 

supplies and sampling equipment. Make sure sampling equipment is clean, dry, and in good working 

condition. 
Page 6 of 17

4) The Department inspector shall identify the lot to be harvested and estimate average plant height, 

appearance, approximate density, condition of the plants, and degree of maturity of the flowering 

material, and document these observations within the Department’s harvest inspection paperwork. 

5) The inspector shall visually establish the homogeneity of the lot to be harvested in order to establish 

that the growing area is of like variety. The inspector shall note any oddities or anomalies. 

6) The material selected for Pre-Harvest Sampling will be determined by the Department inspector, not 

the grower. Cuttings will be collected to make one representative sample of the harvest lot. 

7) The Department inspector will identify the lot of hemp to be sampled and label a paper bag with the 

following information:

a) Licensee Name & License Number

b) The statement: “Pre-Harvest Sample”

c) Sample ID number

i. The Sample ID number shall include the licensee’s license number, Date (YYYYMMDD), and a 

two-digit sequential sample number assigned by the Department inspector. 

Example: License# H00, Sample Date October 1, 2020, Sample 02

Translates to: Sample ID#: H00-20201001-02 

d) Lot Information

i. Location ID name

ii. Variety name

iii. Representative Lot Size in Acres (outdoors) or Square Feet (indoors)

8) First divide the lot into four (4) equal quadrants. Refer to Figure 2 (Page 15 of these procedures).

9) Refer to Tables 3A & 3B (Page 17 of these procedures) for the total number of clippings required 

from each lot, dependent on lot acreage size of the growing area. The total number of clippings from 

each harvest lot must be taken evenly among the four quadrants. 

10) If the total number of clippings cannot be evenly divided by four, the remainder may be taken from 

anywhere in the lot. 

11) The Department inspector may use appropriate discretion in determining whether more or less than 

the specified number of cuttings determined by Tables 3A & 3B (Page 17 of these procedures) should

be taken from a lot. 

12) Each plant clipping must be eight (8) inches (or 20 centimeters) long and must be taken from the 

plant’s primary/apical stem, including floral material. This is usually the tallest, most prominent part 

of the plant. Do not remove any stalks, stems, flowers, seeds, or leaves from the clipping. Refer to 

Figure 1 (Page 15 of these procedures).

13) Place the plant clippings collected from the lot into the properly labeled paper bag. This is the 

representative sample. 

14) Seal the paper bag shut by folding over the top twice and by using the heavy-duty stapler or security 

tape. 

15) Use single use/disposable equipment or thoroughly clean sampling equipment and change disposable 

gloves after taking each representative sample collection from each lot. 

16) A separate representative sample must be taken from each non-contiguous lot of a given variety. 

17) A separate representative sample must be taken from each variety. 

18) Representative sample(s) may be placed within provided 5-gallon bucket with locking lid during 

transport back to the Department. 
Page 7 of 17

19) Representative sample(s) shall be delivered to the Department’s Laboratory Services Division the 

same day as sample collection or within one (1) business day. Keep the sample dry and warm to avoid 

degradation of the plant material. The Department’s Laboratory Services Division will not accept 

damaged, torn, or unlabeled paper bags. Representative samples that do not have a completed

Sample Form with Chain of Custody will not be accepted. 

d) Post-Harvest Sampling Procedure of Remediated Material by Department Inspector

1) The Program will e-mail the Department inspector the harvest inspection paperwork associated with 

the Harvest Request Form received from the licensed grower. 

2) The Department inspector shall assemble all necessary forms, Personal Protective Equipment (PPE), 

supplies and sampling equipment. Make sure sampling equipment is clean, dry, and in good working 

condition. 

3) The lot selected for Post-Harvest resampling shall be designated by the Pre-Harvest Sample lab 

results. The material selected for Post-Harvest Sampling from this lot will be determined by the 

Department, not the grower. All Post-Harvest Samples of floral material shall be taken from the 

designated harvested lot materials in the remediated form in which the material will be sent to the 

processor. 

Proper remediation includes either: 1) shredding the entire lot into a homogenized “biomass,” or 

2) separation and removal of all flowers, buds, trichomes, “trim” and “kief” from the stalks, leaves, 

and seeds of the lot. 

A Department inspector must inventory the entire harvest lot to determine the remediated form in 

which it exists and follow the protocol as appropriate in parts 6) and 7) below. 

If, upon inventory, the Department inspector determines that the entire harvest lot is not in an

homogenized, shredded, or otherwise properly remediated form, the Department inspector shall 

notify the Department’s Hemp Program Manager. A license holder who refuses to complete postharvest remediation preparations waives the right to a post-harvest retest and the pre-harvest test 

results shall stand, and the lot materials shall be ordered destroyed by the Department. 

4) Identify lot of hemp to be sampled within the storage or drying area and label paper bag with the 

following information:

a) Licensee Name & License Number

b) The statement: “Post-harvest Sample”

c) Sample ID number

d) Lot Information

i. Location ID

ii. Variety Name

iii. Representative Lot Size in Acres (outdoors) or Square Feet (indoors)

5) For chopped, ground, shredded or otherwise homogenized biomass post-harvest samples, go to part

6) of these procedures. For post-harvested hemp material in other remediated forms (floral material 

separated and removed from stalks, leaves, and seeds, etc.), go to part 7) of these procedures. 

(Continued on Next Page)
Page 8 of 17

6) Post-Harvest Sampling for Chopped, Ground, Shredded or Homogenized Biomass:

a) Ensure the entire harvest is accounted for and in the same homogenized form (i.e., all harvested 

material, whether whole plant or floral material only, must be shredded with no intact plants or 

whole flowers remaining from that harvest). 

b) Divide the harvested lot evenly into four (4) quadrants. A representative sample would consist of

a specified number of draws from non-adjacent areas. The total number of draws is determined 

by Tables 3A & 3B (Page 17 of these procedures), dependent on the total lot size. Each draw 

should consist of a handful or sterile scoop of biomass (approximately one cup by volume). The 

draws should be taken evenly from each equal quadrant. Refer to Figure 2 (Page 15 of these 

procedures). 

i. Note: Draws should not just be from the top of bulk containers, depths should vary. Utilize 

Tyvek or similar disposable sleeves if reaching deep into container. 

ii. Note: Take care not to spill or drop portions of the sample. If spillage does occur return all 

spillage to the container being sampled – do not include spillage into the sample itself. 

iii. Note: The Department inspector may use appropriate discretion in determining whether 

more or less than the specified number of draws should be taken from a lot. 

c) Place draws into properly labeled paper bag. This is the representative sample. 

d) Seal the paper bag shut using the heavy-duty stapler or security tape. 

e) Use single use/disposable equipment or thoroughly clean sampling equipment and change 

disposable gloves after taking each representative sample collection. 

f) Representative sample(s) may be placed within provided 5-gallon bucket with locking lid during 

transport back to the Department. 

g) Representative sample(s) shall be delivered to the Department’s Laboratory Services Division the 

same day as sample collection or within one business day. Keep the sample dry and warm to 

avoid degradation of the plant material. The Department’s Laboratory Services Division will not 

accept damaged, torn, or unlabeled paper bags. Representative samples that do not have a 

completed Sample Form with Chain of Custody will not be accepted. 

7) For Post-Harvest Sampling for Remediated Lots that have had floral material separated and 

removed (e.g., stalks and seeds only, leaves and seeds only, etc.):

a) Ensure that the entire remediated lot is accounted for and in the same homogenized form (i.e., 

all harvested material must be uniform; no intact-plants or whole flowers remaining from that 

harvest). 

b) Separated noncompliant floral material must be quarantined and labeled from the rest of the lot. 

Licensee must file an associated Destruction Request Form to dispose of the noncompliant 

flowers from the lot if this Post-Harvest Resampling remediation method is selected by the 

grower. If remediated seed is retained from the noncompliant lot, the seed is unable to be used 

for propagative purposes. 

c) Divide the harvested lot evenly into four (4) quadrants. A representative sample would consist of 

a specified number of draws from non-adjacent areas. The total number of draws is determined 

by Tables 3A & 3B (Page 17 of these procedures), dependent on the total lot size. Each draw 

should consist of a handful or sterile scoop of biomass (approximately one cup by volume). The 
Page 9 of 17

draws should be taken evenly from each quadrant. Refer to Figure 2 (Page 15 of these 

procedures). 

i. Note: Draws should not just be from the top of bulk containers, depths should vary. Utilize 

Tyvek or similar disposable sleeves if reaching deep into container. 

ii. Note: Take care not to spill or drop portions of the sample. If spillage does occur return all 

spillage to the container being sampled – do not include spillage into the sample itself. 

iii. Note: The Department inspector may use appropriate discretion in determining whether 

more or less than the specified number of draws should be taken from a lot. 

d) Place draws into properly labeled paper bag. This is the representative sample. 

e) Seal the paper bag shut using the heavy-duty stapler or security tape. 

f) Use single use/disposable equipment or thoroughly clean sampling equipment and change 

disposable gloves after taking each representative sample collection. 

g) Representative sample(s) may be placed within provided 5-gallon bucket with locking lid during 

transport back to the Department. 

h) Representative sample(s) shall be delivered to the Department’s Laboratory Services Division the 

same day as sample collection or within one business day. Keep the sample dry and warm to 

avoid degradation of the plant material. The Department’s Laboratory Services Division will not 

accept damaged, torn, or unlabeled paper bags. Representative samples that do not have a 

completed Sample Form with Chain of Custody will not be accepted. 

VI. THC Testing Procedure

1) Testing for the acceptable Hemp THC level shall be completed by the Department’s Laboratory Services 

Division. The Department is currently the only entity authorized to conduct the official THC compliance 

testing for the acceptable Hemp THC level for all lots produced in the Arkansas Hemp Program. 

2) Quantitative determination of Total delta-9-THC levels will be measured using High-Performance Liquid 

Chromatography with ultraviolet detection (HPLC-UV) as the primary regulatory lab method. The 

Department reserves the right to conduct Total THC level testing using similar quantitative laboratory 

instruments and methods, including but not limited to the use of gas chromatography with mass 

spectrometry detection (GC-MS), gas chromatography with flame ionization detection (GC-FID), or both. 

3) The Program shall issue the licensee a “Sample Invoice” via e-mail communications detailing the 

applicable program sampling fee(s) associated with the total number of pre-harvest or post-harvest 

samples collected by the Department at the time of inspection and sample-collection. 

4) The issued Sampling Invoice shall be paid in full by the licensee and post-mailed to the Department within 

thirty (30) days of issuance. Total payment MUST accompany the Sampling Invoice within the mailing 

envelope. Post-mail total payment and Sampling Invoice to 1 Natural Resources Drive, Little Rock, AR 

72205 ATTN: Hemp Program. 

5) If a licensed grower fails to pay the Sampling Invoice in full within thirty (30) days, the Department may 

refer the license holder to the Department’s debt collection agency after given notice in-writing. 

6) Test results shall be reported by the Program to license holders as soon as reasonably practical via e-mail

communications. Program Staff shall make every effort to report test results within thirty (30) days of

sample receipt, however, turnaround times will be affected by Program workload and laboratory sample 

load. Lab results shall be sent to the Licensed Grower’s business email on-file. It is the Licensed Grower’s 
Page 10 of 17

responsibility to make sure this e-mail is monitored, valid and current, as originally agreed upon with then 

the Program’s Terms & Conditions. 

7) Test results and disposal of noncompliant plant lots may be reported to the USDA or state/federal law 

enforcement entities. 

VII. Post-Testing Actions

The total delta-9-THC content for hemp produced in Arkansas shall not exceed the acceptable Hemp THC level 

established within these procedures in accordance with state and federal law. In the interest of furthering 

research efforts and in recognition of variances due to growing conditions, weather, and varieties, the Department 

shall report the details of the test results to at least two decimal places where reasonably practical. 

Table 1 (Page 10 of these procedures) provides a summary of the post-testing actions detailed in the following 

numbered pointsin this Section. Table 1 (Page 10 of these procedures) accounts for the Department’s Laboratory 

Services Division’s calculated “Measurement of Uncertainty” (MU) value. 

Once lab results are received from the Department, please refer to Table 1 (Page 10 of these procedures) to 

determine whether the tested lot material is considered compliant or noncompliant by the Department. 

Please note that the calculated MU value is intended only for the Department’s Laboratory Services Division

and is not the MU value for ALL laboratories in Arkansas conducting THC analysis on cannabis material. Private

third-party laboratories will be required to calculate their own individual lab’s MU value. Calculated MU values 

must be represented on certificates of analysis next to the Total THC% value. 

The Department Laboratory Services Division’s calculated MU for the 2022 season is a fixed value of:

± 0.06% THC

All issued Certificates of Analysis from the Department will have the fixed MU value reflected next to the reported 

Total THC percentage. The Program’s application of the fixed MU value to the reported Total THC% value is known 

as the “acceptable hemp THC level.” 

NOTE: Calculated measurement of uncertainty value is derived from the “Guide to Expression of Uncertainty in 

Measurement (GUM)” (JCGM 100:2008, Evaluation of Measurement Data.)

(Continued on Next Page)

Table 1: Post-Testing Action Summary, based on Department’s applied MU value of +/- 0.06%

Pre-Harvest Test 

Results

Material allowed to 

market; acceptable 

Hemp THC level

Material not allowed to move --

triggers remediated Post-Harvest 

Sampling and testing or verification 

of leaf and floral destruction

Material Ordered 

Destroyed

≤ 0.36% Total THC ≥ 0.37% — 0.99% Total THC ≥ 1.00% Total THC

Post-Harvest Test 

Results (Remediated)

Material allowed to market; acceptable Hemp THC level Material Ordered 

Destroyed

≤ 0.36% Total THC ≥ 0.37% Total THC
Page 11 of 17

1) Pre-Harvest Test Results of less than or equal to 0.3% (Total) delta-9-THC:

a. The Program will report results to the licensed grower via e-mail as soon as reasonably 

practicable. 

b. The Department designates the material as compliant; the lot is at the acceptable Hemp THC level

and material is authorized for use or distribution in a manner consistent with the Program Rules. 

To that end, the Program Rules and the Arkansas Hemp Production Act do not allow the sale of 

leaf and/or floral material in any form to unlicensed entities, including the public consumer, 

wholesale distributors, retail shops, etc. 

c. Material allowed to market to licensed Hemp Growers or licensed Hemp Processor/Handlers that 

are licensed with either 1) a state’s department of agriculture, 2) USDA-AMS’s Hemp Production 

Program, or 3) a USDA-approved Hemp Production Program. 

2) Pre-Harvest Test Results of greater than or equal to 0.37%, but less than 0.99% (Total) delta-9-THC:

a. The Program will report results to the licensed grower via e-mail as soon as reasonably 

practicable. 

b. The Department designates the material as noncompliant. 

c. The Department may report noncompliant results to the USDA and applicable state or federal law 

enforcement agencies. 

d. The License Holder shall not transfer the harvested lot from the registered growing, 

storage/drying, or processing site. The noncompliant lot in question must remain labeled and 

segregated from other harvested hemp lots until released in writing by the Department. 

e. License Holder is permitted to complete harvest activities, which may include drying, chopping, 

or grinding, or other remediating processes to homogenize biomass, in preparation for transfer 

to a processor or storage location. 

f. Within fifteen (15) days of e-mail receipt notice of a measured THC concentration exceeding the 

acceptable hemp THC level, a licensed grower shall decide between either: (1) a post-harvest 

resample/retest of remediated material OR (2) complete destruction of all leaf and floral 

material. License Holder must complete all harvest activities, which may include drying, 

chopping, grinding, or other remediating processes of the entire harvest before the material is 

eligible for post-harvest sample collection by the Department. 

g. If the License Holder wishes to dispose of the entire lot with no Post-Harvest retest, a “Destruction

Request Form” shall be submitted to the Department via e-mail communication to 

industrialhemp@agriculture.arkansas.gov. If the License Holder wishes to opt for a Post-Harvest 

retest of remediated hemp material, an additional “Harvest Request Form” shall be submitted to 

the Department via e-mail communication to industrialhemp@agriculture.arkansas.gov,

indicating “Post-Harvest Resample” in question 1. The street address in Question 2 of the Harvest 

Request Form shall match the actual street address location where the noncompliant lot is 

presently stored, pending resampling and retesting by the Department. 

h. If harvesting only grain, seed or fiber from the lot, the Department shall verify the complete 

destruction of all leaf and floral material from the lot in accordance with remediation procedures 

detailed in this document. The grain or seed must be processed and cannot remain as a viable 

seed for planting. Bare stalk for fiber that is free of leaf, seed, or floral material is eligible for 

processing.
Page 12 of 17

i. The hemp variety in question may become designated as a Variety of Concern and the 

Department may run additional tests on the samples collected from other lots of this variety. 

j. If more than 50% of Pre-Harvest Samples’ test results for a given Variety of Concern are above 

0.30%, then the variety may be designated as a Prohibited Variety and excluded from the 

program. 

k. If a variety is designated as a Prohibited Variety in the program, all material, including viable seed, 

live plants, stock plants, and all germplasm, shall be destroyed in the presence of a Department 

representative, law enforcement, or both. 

3) Pre-Harvest Test Results equal to or greater than 1.00% (Total) delta-9-THC:

a. The Program will report results to the licensed grower via e-mail as soon as reasonably 

practicable. 

b. The Department designates the material as noncompliant and ordered mandatorily destroyed. 

c. The Department may report noncompliant results to the USDA and applicable state or federal law 

enforcement agencies. 

d. The License Holder shall not transfer the harvested lot from the registered growing, 

storage/drying, or processing site. The noncompliant lot in question must remain segregated and 

labeled from other harvested hemp lots. 

e. The License Holder shall mandatorily dispose of the entire harvested lot without compensation 

and any unharvested crop of this variety from the lot. Within fifteen (15) days of receiving notice 

of a measured THC concentration exceeding the acceptable hemp THC level, a License Holder shall

file a “Destruction Request Form” to be submitted to the Department via e-mail communication 

to industrialhemp@agriculture.arkansas.gov to request the disposal of the noncompliant

material. 

f. Materials testing equal to or greater than 1.00% total delta-9-THC from a Pre-Harvest test result 

shall be destroyed in the presence of a Department representative, law enforcement, or both. 

g. The Department may collect samples of and test harvest material, but a Post-Harvest retest is not 

required. 

h. The variety may be labeled a Prohibited Variety and excluded from the Program. 

i. The Department shall issue a negligent violation for exceeding 1.0% Total THC. 

j. The Department may initiate proceedings to suspend or revoke the License and exclude the 

License Holder from future participation with the Department’s Program. 

4) Remediated Post-Harvest Test Results of less than or equal to 0.3% (Total) delta-9-THC:

a. The Program will report results to the licensed grower via e-mail as soon as reasonably 

practicable. 

b. The Department designates the material as compliant; the lot is at the acceptable Hemp THC level 

and material is authorized for use or distribution in a manner consistent with the Program Rules. 

To that end, The Program Rules and the Arkansas Hemp Production Act do not allow the sale of 

leaf and/or floral material in any form to unlicensed entities, including the public consumer, 

wholesale distributors, retail shops, etc. 

c. Material allowed to market to licensed Hemp Growers or Hemp Processors that are licensed with 

either 1) a state’s department of agriculture, 2) USDA’s Hemp Production Program, or 3) a USDAapproved Hemp Program. 
Page 13 of 17

5) Remediated Post-Harvest Test Results of greater than 0.3%, but less than or equal to 0.36% (Total)

delta-9-THC:

a. The Program will report results to the licensed grower via e-mail as soon as reasonably 

practicable. 

b. Accounting for the applied MU value of +/- 0.06%, the Department designates the material as 

compliant; the lot is at the acceptable Hemp THC level and material is authorized for use or 

distribution in a manner consistent with the Program Rules. To that end, The Program Rules and 

the Arkansas Hemp Production Act do not allow the sale of leaf and/or floral material in any form 

to unlicensed entities, including the public consumer, wholesale distributors, retail shops, etc. 

c. Any marketing of materials testing between 0.3% and 0.36% is at the License Holder’s risk. 

d. Material allowed to market to licensed Hemp Growers or Hemp Processors that are licensed with 

either 1) a state’s department of agriculture, 2) USDA’s Hemp Production Program, or 3) a USDAapproved Hemp Program. 

6) Remediated Post-Harvest Test Results greater than or equal to 0.37% (Total) delta-9-THC:

a. The Program will report results to the licensed grower via e-mail as soon as reasonably 

practicable. 

b. The Department designates the material as noncompliant and ordered mandatorily destroyed. 

c. The Department may report noncompliant results to the USDA an applicable state or federal law 

enforcement agencies. 

d. The License Holder shall not transfer the harvested lot from the registered growing, 

storage/drying, or processing site. The noncompliant lot in question must remain segregated and 

labeled from other harvested hemp lots. 

e. The License Holder shall mandatorily dispose of the entire harvested lot without compensation 

and any unharvested crop of this variety from the lot. Within fifteen (15) days of receiving notice 

of a measured THC concentration exceeding the acceptable hemp THC level, a License Holder shall 

file a “Destruction Request Form” to be submitted to the Department via e-mail communication 

to industrialhemp@agriculture.arkansas.gov to request the disposal of the noncompliant 

material. 

f. Materials testing greater than or equal to 0.37% total delta-9-THC from a Post-Harvest test result 

shall be destroyed in the presence of a Department representative, law enforcement, or both. 

g. The Department reserves the right to run additional tests on post-harvest samples of that variety 

from the lot in the interest of furthering research efforts. 

h. Variety may be labeled a Prohibited Variety and excluded from the Program. 

i. The Department may issue a negligent violation to the licensed grower for producing a crop above 

1.0% Total THC. 

j. The Department may initiate proceedings to suspend or revoke the License and exclude the 

License Holder from future participation with the Department’s Program. 

(Continued on Next Page)
Page 14 of 17

7) Varieties determined to be a Prohibited Variety:

a. Determined from lab data from previous growing seasons, the Department may develop a list of 

hemp varieties prohibited to plant, grow, harvest or market under the Program. This list is known 

as a “Summary of Varieties List,” located on the Department’s Hemp Program website. 

b. The Department may report the existence of a Prohibited Variety to relevant state and federal 

law enforcement agencies. 

c. If a variety is designated as a Prohibited Variety in the program, all material, including viable seed, 

live plants, stock plants, and all germplasm, shall be destroyed in the presence of a Department 

representative, law enforcement, or both. 

VIII. Disposal of Noncompliant Harvested Material with Department Witness Present

1) If a lot is designated for mandatory disposal, a license holder shall submit to the Department within fifteen

(15) days of receiving a mandatory destruction order a “Destruction Request Form” via e-mail 

communication to industrialhemp@agriculture.arkansas.gov. 

2) The Department or law enforcement shall ensure that all leaf material and floral material from the 

noncompliant lot is disposed of using one of the approved destruction methods listed in Table 2 (Page 16

of these procedures). The costs of disposal, if any are incurred by the Department, shall be charged to 

the license holder. 

3) Disposals shall occur on-site at the licensed storage or growing location where the noncompliant harvest 

lot is presently stored. A Department inspector or representative shall personally observe the harvested 

material’s destruction without removing the harvested material from the license holder’s premises and 

document the destruction occurring with pictures before, during, and after destruction implementation. 

Destruction shall occur using one of the approved disposal methods listed in Table 2 (Page 16 of these 

procedures.)

4) If special circumstances arise and do not allow for a disposal on-site at the licensed storage or growing 

location by the license holder, the Department may approve a license holder’s request to dispose of the 

material by vehicle transport to a Department-approved location for destruction. 

5) If the Department approves a license holder’s request to dispose of the material by vehicle transport to a 

Department-approved location: 

a. Prior to transport, a Department inspector shall load, or observe the loading, of the harvested 

material until the material is completely secured on or in the vehicle. 

b. During transport, a Department inspector shall accompany the harvested material as it moves in 

a vehicle directly to a Department-approved location. The vehicle shall constantly move towards 

its final destination without unnecessary stops, stops for reasons unrelated to transport task, or 

stops of an extended duration. 

c. After transport and upon arrival at the Department-approved location, a Department inspector 

shall unload, or observe the unloading, of the harvested material until the material is completely 

removed from the vehicle. 

d. After the material’s removal from the vehicle, a Department inspector shall personally observe 

the harvested material’s destruction using one of the approved disposal methods listed in Table 

2 (Page 16 of these procedures). 
Page 15 of 17

FIGURE 1. Illustration of apical stem cutting for representative samples. Illustration showing where cut 

should be made below flowering material from the cannabis plant’s main apical stem. Cuttings should be eight 

(8) inches or 20 centimeters, including the mature plant’s inflorescence. 

FIGURE 2. Illustration of four (4) quadrant representative lot sampling. Example illustration representing 

a Field Plot with planted rows and individual plants. Dotted lines indicate the four-quadrant grid used for PreHarvest and Post-Harvest lot sampling. In this example, red X’s represent where five (5) cuttings were collected 

for the Pre-Harvest compliance sample from five (5) plants. The fifth cutting may be collected from anywhere in 

the lot. 

4

1

5

3

2

8 inches or 20 

centimeters
Page 16 of 17

Table 2: Approved Methods of Disposal/Destruction Activities from USDA-AMS, rendering 

materials non-retrievable or non-ingestible 

Photo Example Ag Production 

Activity

Compliant 

Outcome

Photo Example

Plowing Under:

Curved plow 

blades rotate 

subsoil to surface 

and bury crop 

below

Plowing Under:

- “Green Manure”

- Amends soil 

directly from crop

Mulching / 

Composting:

Fields crops cut 

and blended with 

manure or other 

biomass material

Mulching / 

Composting: 

- “Green Manure”

- Mulch mixed 

with manure or 

other biomass

Disking:

Leveling of field 

using tow-behind 

disk implement

Disking: 

- “Green Manure”

- Amends soil 

directly from crop 

while leveling 

field

Bush Mower / 

Chopper:

Commercial lawn 

mower used to 

shred and mix 

thick vegetation

Bush Mower / 

Chopper: 

- “Green Manure”

- Shredded 

biomass 

decomposes into 

soil

Deep Burial:

Fields are 

trenched, surface 

soil is buried at 

depth of at least 

12”

Deep Burial: 

- Field biomass 

buried in trenches 

and covered with 

soil

Burning:

Setting fire to 

specific 

production fields 

or biomatter 

piled on the field

Burning: 

- Fields are 

cleared of all 

plant material
Page 17 of 17

Table 3A & 3B: Minimum number of cuttings for sampling 

hemp lots, dependent on lot size in acres of growing area. 

Tables 3A & 3B represented on this page describe the 

minimum number of cuttings that must be collected by the 

Department in order to meet the 95% confidence level 

requirements from the USDA-AMS’s Final Rule. Tables are 

derived from the USDA-AMS’s “Sampling Guidelines for Hemp” 

published on January 15, 2021. 

Table 3A:

Table 3B: