1. (a) Collection of Samples.

   1. (1) Samples for THC testing shall be collected by USDA-certified samplers. Samples shall not be collected by a hemp registrant or key participant.

      1. (A) All samplers shall complete training using USDA training procedures and submit the certificate of completion electronically to the Department to the email [email protected].
      2. (B) The Department shall maintain a publicly available list of USDA-certified samplers on the Department's website.
   2. (2) Prior to the collection of the samples, the sampler as described in Section 4941(a)(1) shall verify that the planting to be sampled corresponds to the registered cultivation site using the physical address, Global Positioning System coordinates, general description, and total acreage or square footage provided on the pre-harvest report and registration application.
   3. (3) The registrant or an authorized representative of the registrant shall be present to observe the collection of samples and shall allow the sampler as described in Section 4941(a)(1), complete and unrestricted access during business hours to all hemp and other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, and storage of all hemp and other cannabis plants, and all locations registered as a cultivation site.

2. (b) Sample Volume and Composition.

   1. (1) Each sample shall be collected from different plants. Each sample shall consist of the terminal eight inches from the main stem that includes leaves and flowers, terminal bud that occurs at the end of a stem, or central cola. If the plant is less than eight inches tall, the whole plant above ground shall be taken.

   2. (2) A composite sample shall consist of the following:

      1. (A) one sample from each plant for plantings that have fewer than six plants.
      2. (B) six samples for plantings that are less than or equal to six acres.
      3. (C) one sample from each acre for plantings that are greater than six acres but less than ten acres.

      4. (D) For plantings equal to or greater than ten acres, the number of samples shall be calculated at a confidence level of 95 percent that the plants grown will not test above the acceptable hemp THC level, using the following formula where n is the number of plants to be selected and N is the planting acreage:

         n = 299 / (1 + (298 / N))

   3. (3) A separate composite sample shall be taken for:

      1. (A) each cultivar within each contiguous planting, and
      2. (B) indoor and outdoor growing areas shall be treated as separate plantings.

3. (c) Handling of Samples.

   1. (1) All plant material collected for a composite sample shall be placed together in a permeable bag, and kept in a manner not conducive to mold growth. Each composite sample shall be stored in separate bags.
   2. (2) The bag containing the composite sample shall be sealed and labeled in a manner to detect tampering and ensure chain of custody. Sample labels shall be signed by both the registrant and the sampler as described in Section 4941(a)(1).

   3. (3) Samples shall be labeled with a unique sample identification number as assigned on the sample analysis request form and accompanied by the following documentation:

      1. (A) registrant's proof of registration,
      2. (B) pre-harvest report,
      3. (C) sample analysis request form containing information outlined in Sections 4940(b)(1)(B) through 4940(b)(1)(L) provided by the commissioner and Section 4940(b)(1)(A) provided by the registrant.
   4. (4) Samples shall be delivered to the testing laboratory within 24 hours of collection.

Note: Authority cited: Sections 407 and 81006, Food and Agricultural Code. Reference: Section 81006, Food and Agricultural Code.

History

1. New section filed 6-10-2019 as an emergency; operative 6-10-2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 12-10-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.

3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).

4. New section refiled 3-24-2020 as an emergency; operative 3-24-2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.

5. New section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.

6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).

7. New section filed 1-11-2021; operative 1-11-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).

8. Amendment filed 7-11-2022 as an emergency; operative 7-11-2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.

9. Amendment refiled 1-3-2023 as an emergency; operative 1-3-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 1-3-2023 order, including amendment of subsections (b)(2)(D) and (c)(3)(C), transmitted to OAL 3-29-2023 and filed 5-11-2023; amendments effective 5-11-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 19).