1. (a) A consumable hemp product that exceeds the acceptable hemp THC level or is adulterated in a manner harmful to human consumption must not be sold at retail or otherwise introduced into commerce in this state.
2. (b) A hemp manufacturer, processor, distributor, and retailer must provide the results of testing required by §300.301 of this subchapter (relating to Testing Required) to the consumer, the Texas Alcoholic Beverage Commission, and department upon request.

3. (c) A license holder must not use an independent testing accredited laboratory unless the license holder:

   1. (1) has no ownership interest in the accredited laboratory; or
   2. (2) holds 10 percent or less ownership interest in the accredited laboratory if the accredited laboratory is a publicly traded company.
4. (d) A manufacturer, processor, or retailer must pay the costs of raw and finished hemp product testing in an amount prescribed by the accredited laboratory selected by the license holder.
5. (e) The department may require that a copy of the test results be sent directly to the department.
6. (f) A manufacturer, processor, and retailer must retain results from samples for at least three years from the date that testing results are received.
7. (g) A manufacturer and processor of consumable hemp products must conduct sampling and testing using acceptance criteria determined by the department.
8. (h) A manufacturer, processor, and retailer must ensure all products are tested for the most current list of analytes maintained by the department.

Source Note:The provisions of this §300.303 adopted to be effective August 2, 2020, 45 TexReg 5195; amended to be effective March 31, 2026, 51 TexReg 1860.