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§ 4941. Sampling Procedures for Testing Industrial Hemp for THC Content.


Barclays Official California Code of Regulations Currentness
Title 3. Food and Agriculture
Division 4. Plant Industry
Chapter 8. Industrial Hemp Cultivation
Article 2. Regulations for Industrial Hemp Cultivation
3 CCR § 4941
§ 4941. Sampling Procedures for Testing Industrial Hemp for THC Content.
(a) Collection of Samples.
(1) Samples for THC testing shall be collected by the commissioner, or a third-party sampler designated by the commissioner.
(2) The commissioner, or designated sampler, shall verify that the sample collection site corresponds to the registered location using GPS coordinates prior to the collection of the samples.
(3) The registrant must be present to observe the collection of samples and allow the commissioner, or designated sampler, access to all industrial hemp plants within the registered land area and all areas and facilities used for cultivation.
(b) Sample Volume and Composition
(1) Each primary sample shall include all parts of the plant, including stems, stalks, flowers, leaves, seeds, and buds from:
(A) If two or more lateral branches are present, the terminal 18 inches of the top lateral branch and terminal 18 inches of one lateral branch from the lower one-third of the plant. If any branch is less than 18 inches, the whole branch shall be taken.
(B) If two lateral branches are not present, the terminal 18 inches from the terminal bud at the top of the plant. If the plant is less than 18 inches tall, the whole plant shall be taken.
(2) A composite sample shall consist of at least five primary samples from different plants.
(3) A separate composite sample shall be taken for:
(A) Each cultivar within each contiguous field, and
(B) Indoor and outdoor growing areas shall be treated as separate fields.
(4) When feasible, the commissioner, or designated sampler, should not collect samples within 10 feet of field edges.
(c) Handling of Samples.
(1) All plant material collected for a composite sample shall be placed together in a permeable bag, and kept in a manner not conducive to mold growth.
(2) The bag containing the composite sample shall be sealed and labeled in a manner to detect tampering and ensure chain of custody. Sample labels shall be signed by both the registrant and the commissioner or designated sampler.
(3) Samples shall be labeled with a unique sample identification number and accompanied by the following documentation:
(A) The registrant's proof of registration,
(B) The pre-harvest report,
(C) Seed certification documentation for the seed cultivar used,
(D) The THC testing report for each certified seed cultivar used, and
(E) A sample analysis request form with chain of custody information provided by the testing laboratory.
(4) Samples shall be delivered to the testing laboratory within 24 hours of collection. The testing laboratory shall document the chain of custody by signing the sample label upon receiving the sample. A copy of the signed chain of custody documentation shall be provided by the testing laboratory to the commissioner or designated sampler.
Note: Authority cited: Sections 407 and 81006, Food and Agricultural Code. Reference: Sections 81000 and 81006, Food and Agricultural Code.
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.
This database is current through 11/22/19 Register 2019, No. 47
3 CCR § 4941, 3 CA ADC § 4941
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