Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 595 - REGULATIONS GOVERNING THE MANUFACTURING AND SALE OF PRODUCTS THAT CONTAIN INDUSTRIAL HEMP EXTRACTS INTENDED FOR HUMAN CONSUMPTION › Section 2VAC5-595-50 - Laboratory testing required for contaminants and phytochemicals of an industrial hemp extract or a food containing an industrial hemp extract

Current through Register Vol. 40, No. 24, July 15, 2024
A. If an industrial
				hemp extract is used as an ingredient in a food and that industrial hemp
				extract was produced by a manufacturer that is an approved source pursuant to
				§ 3.2-5145.3 of the Code of Virginia, that food containing an industrial
				hemp extract is not subject to the testing requirements prescribed in this
				section. However, a food containing an industrial hemp extract that contains
				any contaminant in an amount that exceeds an acceptable criteria or tolerance
				established in this section is adulterated.
B. A manufacturer of an industrial hemp
				extract shall submit for laboratory analysis a sample from each batch of
				industrial hemp extract the manufacturer produces. Such laboratory analysis
				shall only be performed by a laboratory that meets the requirements prescribed
				in subsection E of this section.
C.
				A batch whose sample contains any contaminant in an amount that exceeds an
				acceptable criteria or tolerance established in this section is adulterated. A
				manufacturer of an industrial hemp extract may not offer for sale or sell any
				industrial hemp extract from a batch whose sample contains any contaminant in
				an amount that exceeds an acceptable criteria or tolerance established in this
				section.
D. A manufacturer of an
				industrial hemp extract may not offer for sale or sell any industrial hemp
				extract from a batch whose sample does not contain the cannabinoid or
				phytochemical concentration claimed on the label for the industrial hemp
				extract.
E. The laboratory analysis
				required in subsection B of this section shall be performed by a laboratory
				that:
1. Has no direct or indirect financial
				interest in a manufacturer of an industrial hemp extract or in any other entity
				that may benefit from the production, manufacture, sale, purchase, or use of an
				industrial hemp extract or product containing an industrial hemp extract.
				Additionally, no person with a direct or indirect financial interest in the
				laboratory shall have a direct or indirect financial interest in a manufacturer
				of an industrial hemp extract or in any other entity that may benefit from the
				production, manufacture, sale, purchase, or use of an industrial hemp extract
				or product containing an industrial hemp extract.
2. Employs at least one person to oversee and
				be responsible for the laboratory testing who has earned from a college or
				university accredited by a national or regional certifying authority at least
				(i) a master's degree in chemical or biological sciences and a minimum of two
				years of post-degree laboratory experience or (ii) a bachelor's degree in
				chemical or biological sciences and a minimum of four years of post-degree
				laboratory experience.