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

3 CA ADC § 4941BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

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 Concentration.
(a) Collection of Samples.
(1) Samples for THC testing shall be collected by the commissioner, an USDA-approved sampling agent, or a federal, state, or tribal law enforcement agent authorized by USDA to collect samples.
(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 shall be present to observe the collection of samples and 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.
(b) Sample Volume and Composition.
(1) Each sample shall be collected from different plants. Each sample shall consist of the terminal eight inches from the top of the plant. If the plant is less than eight inches tall, the whole plant above ground shall be taken.
(2) A composite sample shall consist of the following:
(A) six samples for plantings that are less than or equal to six acres.
(B) one sample from each acre for plantings that are greater than six acres but less than 10 acres.
(C) for plantings equal to or greater than 10 acres, the number of samples shall be calculated 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))
(3) A separate composite sample shall be taken for:
(A) Each cultivar within each contiguous planting, and
(B) Indoor and outdoor growing areas shall be treated as separate plantings.
(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. Each composite sample shall be stored in separate bags.
(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 sampler as described in Section 4941(a)(1).
(3) Samples shall be labeled with a unique sample identification number as assigned on the sample analysis request form and accompanied by the following documentation:
(A) registrant's proof of registration,
(B) pre-harvest report,
(C) sample analysis request form containing information outlined in Sections 4940(b)(3)(B) through 4940(b)(3)(L) provided by the commissioner and Section 4940(b)(3)(A) provided by the registrant.
(4) Samples shall be delivered to the testing laboratory within 24 hours of collection.
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).
This database is current through 4/9/21 Register 2021, No. 15
3 CCR § 4941, 3 CA ADC § 4941
End of Document