§ 4941. Sampling Procedures for Testing Industrial Hemp for THC Concentration.
3 CA ADC § 4941Barclays Official California Code of RegulationsEffective: May 11, 2023
Effective: May 11, 2023
3 CCR § 4941
§ 4941. Sampling Procedures for Testing Industrial Hemp for THC Concentration.
(A) All samplers shall complete training using USDA training procedures and submit the certificate of completion electronically to the Department to the email [email protected].
(2) Prior to the collection of the samples, the sampler as described in Section 4941(a)(1) shall verify that the planting to be sampled corresponds to the registered cultivation site using the physical address, Global Positioning System coordinates, general description, and total acreage or square footage provided on the pre-harvest report and registration application.
(3) The registrant or an authorized representative of the registrant shall be present to observe the collection of samples and shall allow the sampler as described in Section 4941(a)(1), complete and unrestricted access during business hours to all hemp and other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, and storage of all hemp and other cannabis plants, and all locations registered as a cultivation site.
(1) Each sample shall be collected from different plants. Each sample shall consist of the terminal eight inches from the main stem that includes leaves and flowers, terminal bud that occurs at the end of a stem, or central cola. If the plant is less than eight inches tall, the whole plant above ground shall be taken.
(D) For plantings equal to or greater than ten acres, the number of samples shall be calculated at a confidence level of 95 percent that the plants grown will not test above the acceptable hemp THC level, using the following formula where n is the number of plants to be selected and N is the planting acreage:
n = 299 / (1 + (298 / N))
Credits
Note: Authority cited: Sections 407 and 81006, Food and Agricultural Code. Reference: Section 81006, Food and Agricultural Code.
History
1. New section filed 6-10-2019 as an emergency; operative 6-10-2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-10-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).
4. New section refiled 3-24-2020 as an emergency; operative 3-24-2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).
7. New section filed 1-11-2021; operative 1-11-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
8. Amendment filed 7-11-2022 as an emergency; operative 7-11-2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
9. Amendment refiled 1-3-2023 as an emergency; operative 1-3-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 1-3-2023 order, including amendment of subsections (b)(2)(D) and (c)(3)(C), transmitted to OAL 3-29-2023 and filed 5-11-2023; amendments effective 5-11-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 19).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 3, § 4941, 3 CA ADC § 4941
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