1. (a)

   1. (1) All plantings of industrial hemp listed in licensed grower applications/agreements or products derived from industrial hemp or cannabis in possession of a licensed processor/handler are subject to sampling for THC levels.
   2. (2) The sampling method shall be per guidelines adopted by the Department of Agriculture for collecting regulatory samples of industrial hemp.
   3. (3) The license holder shall be responsible for the cost of all laboratory analytical services of the sample, billable to the license holder by the laboratory performing the analysis.

2. (b) Sample collection.

   1. (1) Licensed growers.

      1. (A) A number of days, determined by the department and published annually as policy, prior to harvesting or destroying any hemp plants, a participant must submit to the department a Harvest/Destruction Notification form.
      2. (B) The department will notify the participant of the date and approximate time when samples will be collected from the participant’s plot or plots and/or greenhouse or greenhouses.
      3. (C)

3. (i) The department will collect samples from each plot or greenhouse, in accordance with the department’s sampling and testing procedures, published annually as guidelines/policy.

   1. (ii) The participant or a knowledgeable representative must be present for the sample collection.

      1. (iii) Samples must be collected prior to any harvest or destruction of plants within that plot or greenhouse.

         1. (iv) The department reserves the right to collect any number of samples at any time.

   2. (2) Licensed processors/handlers.

      1. (A) The department shall have the authority to collect and retain samples of industrial hemp and products derived from all industrial hemp in the possession of a licensed processor/handler.

      2. (B) If final products are any type of consumable and are intended for human consumption, the processor/handler is responsible for obtaining any required state and federal food safety permits.

         1. (c)
   3. (1) Representatives of the department collecting or transporting the samples shall have the legal right to possess industrial hemp in Arkansas for purposes of collecting the sample and transporting the sample to a laboratory for analysis.

   4. (2) The laboratory performing the analysis shall have the legal right to:

      1. (A) Possess industrial hemp;
      2. (B) Perform the analysis; and
      3. (C) Retain a portion of the sample.

   5. (3)

      1. (A) All samples collected by the department become the property of the department and are nonreturnable.

      2. (B) No compensation shall be owed by the department.

         1. (d) Laboratory testing.

   6. (1)

      1. (A) The department will select samples for testing in accordance with its THC Testing Protocol, published annually as guidelines/policy.

      2. (B) If harvesting floral material, the participant must wait for THC test results prior to:

         1. (i) Comingling of the individual plot or variety with harvested materials from different plots or varieties; or
         2. (ii) Undertaking any extraction activities.

   7. (2)

      1. (A)

         1. (i) When possible, all testing will be conducted by the department.
         2. (ii) Other labs may be used if authorized by the department.
      2. (B) As soon as it is available, the results of the THC analysis shall be reported to the department and the holder of the license.
   8. (3) Samples with a total THC level equal to or below three-tenths of one percent (0.3%) THC shall require no further action and the area or harvested plant material from which the sample was obtained shall be released for marketing or further processing.

   9. (4)

      1. (A) Samples with a total THC level greater than three-tenths of one percent (0.3%) THC shall be reported by the department to the licensee and to the State Plant Board's Industrial Hemp Committee.
      2. (B) The license holder may request a retest of the sample.

      3. (C) If no retest is requested, or the retested sample is greater than three-tenths of one percent (0.3%) THC, the area represented by the sample or any harvested plant parts from the area represented by the sample shall be subject to the following disposition:

         1. (i) Industrial hemp stalks (denuded) may be harvested, processed, and used for fiber and/or any other lawful purpose; or
         2. (ii) Industrial hemp seed may be harvested, processed, and rendered nonviable for food products, provided the source of the seed or transplants is seed or transplants produced from seed or a living plant part which meets the criteria for Breeder, Foundation, Registered, or Certified categories as defined by the Arkansas Seed Certification Program, including certification by other seed agencies recognized by AOSCA, and includes a certifying tag of varietal purity issued by the department or another official certifying agency as defined in 2 CAR § 31-101.
   10. (5) If industrial hemp plant parts are harvested from a field, greenhouse, or a variety within a field or greenhouse, and are comingled with plant parts from another field, greenhouse, or variety within a field or greenhouse, prior to having knowledge of the results of the sample, the license holder does so at his or her own risk and with full knowledge that if an analysis of greater than three-tenths of one percent (0.3%) THC is returned, all comingled plant parts shall be destroyed.
   11. (6) No plants or plant parts harvested from a planting being tested shall be marketed until released by the department.

   12. (7)

       1. (A) All samples become the property of the department and are nonreturnable.
       2. (B) No compensation shall be owed by the department.

Codification Notes: The Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq., was repealed by Acts 2021, No. 565, § 1. "THC" means tetrahydrocannabinol.