Rule 40-32-4-.04. Registered Laboratories

Rule 40-32-4-.04. Registered Laboratories

1. (1) Registration. Any laboratory seeking to test hemp or hemp products made from hemp or hemp-derived ingredients, including but not limited to industrial hemp products and consumable hemp products, shall first register with the Department.

   1. (a) A laboratory seeking registration shall submit the following to the Department:

      1. 1. A $250.00 one-time registration fee;
      2. 2. The legal name of the laboratory;
      3. 3. The principal office address of the laboratory;
      4. 4. Contact information, including telephone number and email address;
      5. 5. The physical address where the laboratory will perform cannabis or hemp product testing and analysis;
      6. 6. If the registrant is an entity, the name of the owner, partners, members, or shareholders of such entity;
      7. 7. Attestation that the laboratory is not affiliated with any licensee or permittee under this Chapter;
      8. 8. A copy of the United States Department of Justice, Drug Enforcement Administration Controlled Substances Act Certificate of the laboratory to handle controlled substances under the CSA; and
      9. 9. Documentation sufficient to demonstrate that the laboratory has been accredited pursuant to the relevant standards of the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC), namely ISO/IEC 17025:2017, or a more recent version of that standard.
   2. (b) Registration will be limited to a single laboratory facility. Laboratories seeking to perform testing and analysis pursuant to this Chapter at multiple laboratory facilities must register each facility individually. Registered laboratories may not transfer registration to a different location.
   3. (c) The Department will register laboratories that successfully complete the required application. Laboratory registrations will remain in effect until revoked, suspended, or surrendered.
   4. (d) The Department may conduct a site visit prior to the approval of a registration.
   5. (e) Registered laboratories must alert the Department of any changes to the information submitted in response to GA. Comp. R. & Regs. r. 40-32-4-.04(1)(a)(2)-(9) at least 30 days prior to and at the time of implementation.

2. (2) General Rules. Registered laboratories must comply with the following general rules.

   1. (a) Laboratories registered with the Department are authorized to analyze and test hemp and hemp products, including consumable hemp products intended for distribution, wholesale, or retail sale in Georgia, and to produce the full panel certificate of analysis required by O.C.G.A. § 2-23-9.1.
   2. (b) The Department will maintain a list of registered laboratories on its website.
   3. (c) Registered laboratories are prohibited from holding any other license or permit issued pursuant to the Georgia Hemp Farming Act and this Chapter.
   4. (d) Any person with a financial interest in a registered laboratory is prohibited from holding a financial interest in any other license or permit issued pursuant to the Georgia Hemp Farming Act and this Chapter.
   5. (e) A registered laboratory shall not use the Department's name or logo on any sign on its premises, website, or any advertising or social media, except to the extent that information is contained on a proof of registration or is contained in part of warnings, signage, or other documents required by this Subject.

   6. (f) Registered laboratories shall notify the Department of the following:

      1. 1. The loss or suspension of required accreditation within twenty-four (24) hours of such loss or suspension.

         1. (i) If accreditation is not restored within thirty (30) days of such loss or suspension, then the Department will remove the registered laboratory from the published list of registered laboratories and may seek to revoke the laboratory's registration in accordance with O.C.G.A. §§ 2-5-6 & 2-23-6.5.

3. (3) Hemp Testing. Registered laboratories conducting testing and analysis for pre-harvest or remediated hemp for hemp grower licensees must meet the following minimum requirements.

   1. (a) Utilize the standard testing procedures specified for cannabis samples taken in accordance with the sampling procedures for the Georgia Hemp Program to measure the total delta-9-THC concentration levels of those samples on a dry weight basis.
   2. (b) Analytical testing for purposes of detecting the total delta-9-THC concentration must be conducted in accordance with the USDA's most current Laboratory Testing Guidelines U.S. Domestic Hemp Production Program.

   3. (c) Registered laboratories must submit results for all official samples tested in the prior month to the Department via e-mail to hemp@agr.georgia.gov by the third day of the following month. Registered laboratories are only required to submit test results performed to comply with pre-harvest testing requirements. Laboratories are not required to report test results from informal testing conducted throughout the growing season. Test results must be reported using the Department's "Grower Laboratory Test Results Report" form and must contain the following information for each sample tested:

      1. 1. Hemp grower license number;
      2. 2. Name of hemp grower licensee;
      3. 3. Lot identification number for the sample;
      4. 4. Laboratory registration number;
      5. 5. Date of test and report;
      6. 6. Identification of a pre-harvest retest, if applicable;
      7. 7. Measurement of uncertainty (MU); and
      8. 8. Total delta-9-THC concentration.

4. (4) Hemp Product Testing. Registered laboratories conducting testing and analysis for hemp products must meet the following minimum requirements.

   1. (a) Industrial Hemp Product Testing. Registered laboratories shall test industrial hemp products at least for total delta-9-THC concentration.

   2. (b) Consumable Hemp Product Testing. Registered laboratories shall test consumable hemp products at least in conformance with the following minimum requirements.

      1. 1. Testing Requirements. Registered laboratories shall test all consumable hemp products in accordance with the following requirements:

         1. (i) All consumable hemp products intended for distribution or sale shall be tested in final packaged form.
         2. (ii) The registered laboratory shall test any part of the consumable hemp product in final packaged form that will be consumed by a consumer.
         3. (iii) Registered laboratories shall follow the relevant methodologies, ranges, and parameters that are contained in the registered laboratory's scopes of the accreditation and certification.
         4. (iv) Registered laboratories shall report the results of each test performed by the registered laboratory to the requesting permittee or manufacturer.
         5. (v) If a sample of a consumable hemp product fails to comply with each of the limits set forth in Subject 40-32-5 of this Chapter, then the independent laboratory shall:

            (I).	Notify the permittee or manufacturer who submitted the sample of the test results; and

            (II).

            Report the failure to the Department via email to hemp@agr.georgia.gov.

         6. (vi) Registered laboratories shall dispose of the remains of the samples of consumable hemp products upon completion of testing, unless directed otherwise by the Department.

   3. (c) Certificate of Analysis. Registered laboratories testing consumable hemp products for sale or distribution must generate a full panel certificate of analysis according to the requirements established herein and provide such full panel certificate of analysis to the requesting permittee, manufacturer, wholesaler, or retailer.

      1. 1. Registered laboratories shall test and provide a full panel certificate of analysis for consumable hemp products in final packaged form after the samples are:

         1. (i) Homogenized;
         2. (ii) Controlled; and
         3. (iii) Collected as set forth in this Chapter.
      2. 2. Full panel certificates of analysis for consumable hemp products intended for sale or distribution must, at a minimum, include the results with supporting data identifying the presence and quantities of the compounds and contaminants set forth in Subject 40-32-5.

5. (5) Records. An independent laboratory shall establish a system to create, retain, and maintain all required records.

   1. (a) For the testing of consumable hemp products, an independent laboratory shall maintain the following records and shall produce such records upon request by the Department:

      1. 1. Records of laboratory testing results for a minimum of thirty-six (36) months from the date of such testing; and
      2. 2. For each full panel certificate of analysis, copies of the results of each test performed for a minimum of thirty-six (36) months from the respective dates of issuance.

Authority: O.C.G.A. §§ 2-2-9; 2-5-1et seq.; 2-23-1 et seq.

History. Original Rule entitled "Registered Laboratories" adopted. F. Sept. 11, 2024; eff. Oct. 1, 2024.