Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.05 - Inspections and Testing for Hemp Production; Remediation; Certification of Hemp for Production; Disposal

Current through Register 1525, July 5, 2024
(1) Hemp that is
			 produced for Research is not subject to the sampling requirements in 330 CMR
			 32.05; provided that the Licensed Researcher adopts and carries out an approved
			 alternative sampling method that can ensure, at a confidence level of 95% or
			 greater, that the Hemp subject to this alternative method will not test above
			 the Acceptable Hemp THC level as approved by MDAR and in accordance with the 7
			 CFR Part 990, as amended.
(2) All
			 Hemp for Production is subject to testing and inspections as set forth in 330
			 CMR 32.05.
(3) No Licensee shall
			 harvest any Crop for Production prior to samples being collected by the
			 Department.
(4) Any Crop for
			 Production must be sampled by the Department before it can be certified as
			 Hemp.
(5) Any Licensee seeking
			 certification of Hemp for Production shall contact the Department no later than
			 21 days prior to the anticipated start of harvest to schedule regulatory
			 sampling for THC testing using a form prescribed by the Department.
(a) The Licensee or an authorized
			 representative shall be present at the Site while samples are
			 collected.
(b) one sample shall be
			 collected by a Sampling Agent for each Lot produced in accordance with 7 CFR
			 Part 990, as amended. Licensees may not collect their own regulatory samples.
			 (c) Lots must be tested individually and should be clearly separated and marked
			 in the field. (d) The Licensee shall harvest the entire Lot within 30 days of
			 the Department's collection of samples. Lots shall not be partially harvested
			 without a waiver as determined by 330 CMR 32.05(4)(e).
(e) If the Crop, or any portion of the Crop
			 cannot be harvested with 30 days of sample collection due to weather, equipment
			 failure, or other extenuating circumstances, the Department must be contacted
			 prior to the expiration of the 30-day harvest period. At that time, the
			 Department will evaluate the circumstances and make a determination, in its
			 sole discretion, as to whether additional time to harvest will be allowed. Any
			 additional harvest time granted by the Department shall be in writing and
			 subject to the following conditions:
1. The
			 Department must collect a new preharvest sample of the Crop at the expense of
			 the Licensed Producer. Additional preharvest testing will count toward the two
			 allowable crop retests.
2. If any
			 portion of the Crop was harvested within 30 days, it must be held and
			 designated as a separate Lot until test results have been received;
			 and
3. No Crop shall be certified
			 as Hemp if it is harvested more than 30 days after the collection of a valid
			 preharvest sample.
(f)
			 All harvested Lot(s) must be held on Site until a Hemp Certificate is issued by
			 the Department.
(g) Harvested Lots
			 may not be comingled or combined until a Hemp Certificate is issued by the
			 Department for the Lot.
(h) If
			 sample results show Acceptable Hemp THC Levels, then a Hemp Certificate will be
			 issued by the Department. Upon receipt of a Hemp Certificate, the Hemp Lots
			 that have been certified may be combined or removed from the Site(s).
(i) If sample results show THC levels exceed
			 the Acceptable Hemp THC Levels, a second round of sampling may be conducted by
			 the Department upon request of the Licensee. The sample may be taken from
			 intact floral material, or the Crop may be Remediated in accordance with 330
			 CMR 32.05(6) prior to the second round of sampling.
(j) If sample results from the second round
			 of sampling show THC levels exceed the Acceptable Hemp THC Levels, a third
			 round of sampling may be conducted by the Department upon request of the
			 Licensee. The sample may be taken from intact floral material, or the Crop may
			 be Remediated prior to the third round of sampling in accordance with 330 CMR
			 32.05(6).
(k) If sample results
			 from the third round of sampling show THC levels exceed the Acceptable Hemp THC
			 Levels, the Crop must be destroyed in accordance with 330 CMR 32.05.
(l) Any request for a second or third round
			 of sampling must be made to the Department within ten days of receipt of
			 results and completed within 30 days.
(m) The Licensee shall be responsible for the
			 costs incurred with any second or third round of sampling conducted by the
			 Department.