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

4. (d) A license holder shall not use an independent testing accredited laboratory unless the license holder has:

   1. (1) no ownership interest in the accredited laboratory; or
   2. (2) holds less than a ten percent ownership interest in the accredited laboratory if the accredited laboratory is a publicly-traded company.
5. (e) A license holder must pay the costs of raw and finished hemp product testing in an amount prescribed by the accredited laboratory selected by the license holder.
6. (f) The department shall recognize and accept the results of a test performed by an accredited laboratory, including at an institution of higher education.
7. (g) The department may require that a copy of the test results be sent directly to the department and the license holder.
8. (h) The department shall notify the license holder of the results of the test not later than the 14th day after the date testing results are made available to the department.
9. (i) A license holder shall retain results from samples for a period of no less than three years from the date that testing results are made available to the license holder.
10. (j) A manufacturer or processor of consumable hemp products shall conduct sampling and testing using acceptance criteria that are protective of public health.

11. (k) A consumable hemp product is not required to be tested under §300.301 of this subchapter if each hemp-derived ingredient of the product:

    1. (1) has been tested;
    2. (2) includes the results that are available upon request from the department before distribution or sale; and
    3. (3) contains an acceptable hemp THC level.
12. (l) The department may utilize Table 1 to test raw or finished consumable hemp products as appropriate for the product and the process:
    Attached Graphic
    

Source Note:The provisions of this §300.303 adopted to be effective August 2, 2020, 45 TexReg 5195.