1. (a) Before a hemp plant is processed or otherwise used in the manufacture of a consumable hemp product, a representative sample must be tested to determine:

   1. (1) the concentration and identity of the cannabinoids, including all acids in the plant;
   2. (2) the presence and quantity of heavy metals, pesticides, microbial contamination, and other substances prescribed by the department;
   3. (3) the presence and concentration of d-9 THC, total d-9 THC, and total THC; and
   4. (4) a total delta-9 tetrahydrocannabinol concentration of 0.3% or less on a dry weight basis.

2. (b) Before a consumable hemp product, including hemp-derived ingredients used for further processing into another consumable hemp product, is sold at retail, distributed, or otherwise introduced into commerce in this state, a representative sample must be tested to determine:

   1. (1) the presence, concentration, and identity of cannabinoids;
   2. (2) the presence and concentration of d-9 THC, total d-9 THC, and total THC;
   3. (3) the presence and quantity of residual solvents, heavy metals, pesticides, and harmful pathogens; and
   4. (4) the total delta-9 tetrahydrocannabinol concentration is 0.3% or less on a dry weight basis.

3. (c) A certificate of analysis (COA) documenting tests conducted under this subchapter must:

   1. (1) be made available to the department upon request in an electronic format before manufacture, processing, or distribution into commerce; and
   2. (2) include measurement of uncertainty analysis parameters.

4. (d) The COA must contain, at a minimum, the following information:

   1. (1) laboratory name, address, and contact information;
   2. (2) hemp cultivator, hemp processor, or hemp manufacturer's name and address;
   3. (3) sampler identification;
   4. (4) sample identifying information, including matrix type;
   5. (5) lot identification number of sample;
   6. (6) sample received date and the dates of sample analyses and corresponding testing results;
   7. (7) units of measure;
   8. (8) analytical methods, analytical instrumentation used, and corresponding limits of detection (LOD) and limits of quantitation (LOQ);
   9. (9) expiration date;
   10. (10) QR code on the COA verifying the authenticity of testing conducted at an accredited laboratory;
   11. (11) measurement of uncertainty analysis parameters; and
   12. (12) results of all requested analyses performed for the sample, including percentage of delta-9 THC, total delta-9 THC, and total THC per container.
5. (e) It is a violation if a person forges, falsifies, or alters the results of a laboratory test authorized or required by this chapter. Consumable hemp products found in violation of this subsection must be retested and are subject to detention or embargo under Texas Health and Safety Code §431.048.
6. (f) Expired COAs are not valid. Consumable hemp products with expired COAs must be retested and are subject to detention or embargo under Texas Health and Safety Code §431.048.

Source Note:The provisions of this §300.301 adopted to be effective August 2, 2020, 45 TexReg 5195; amended to be effective March 31, 2026, 51 TexReg 1860.