1. (a) A person who is required to maintain records under this chapter or 21 United States Code (U.S.C.) §360i or §360j must maintain records on site for immediate inspection. Upon request by the department or the Texas Alcoholic Beverage Commission, the person must provide access to records for review or copying to verify that consumable hemp products are being produced in accordance with United States Department of Agriculture under 7 U.S.C. Chapter 38, Subchapter VII, or Texas Agriculture Code Chapter 121.
2. (b) A person regulated under Texas Agriculture Code Chapter 122 must provide the department with test results of hemp or hemp products upon request. These results must show that the total delta-9 tetrahydrocannabinol concentration is not more than 0.3 percent on a dry weight basis.
3. (c) Records described in this chapter must be maintained for a period of no less than three years after the date the records are created.

4. (d) A consumable hemp manufacturer or processor must maintain the following records, as applicable:

   1. (1) certificate of analysis (COA) of raw hemp and hemp ingredients in accordance with §300.301(b)(1) - (3) and §300.301(c) of this chapter (relating to Testing Required);
   2. (2) COA of finished hemp products by batch number;

   3. (3) source of ingredients, including:

      1. (A) receiving records with address and contact information from suppliers, distributors, warehouses, or any person engaged in the business of making a consumer product directly or indirectly; or
      2. (B) licensing documentation, if applicable, from the supplier's respective hemp or food regulating authority;
   4. (4) batch production records;
   5. (5) recalled product information;
   6. (6) consumer complaints;
   7. (7) other records required by the department, including corrective action logs, destruction logs, equipment calibration records, or other accurate reproductions of the original records, or electronic records; and
   8. (8) master production records.

5. (e) Records must contain actual values and observations. Records must be accurate, permanent, legible, and created concurrently with performance of the activity documented. Records can be electronic. Records must be detailed enough to provide a history of work performed, and include:

   1. (1) the name and, if more than one, the location of the plant or facility;
   2. (2) the date and time of the documented activity
   3. (3) the signature or initials of the person performing the activity; and
   4. (4) the identity of the product and the batch number.

Source Note:The provisions of this §300.203 adopted to be effective August 2, 2020, 45 TexReg 5195; amended to be effective March 31, 2026, 51 TexReg 1860.