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§ 4942. Approved Testing Method for Testing Industrial Hemp for THC Concentration.

3 CA ADC § 4942BARCLAYS 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 § 4942
§ 4942. Approved Testing Method for Testing Industrial Hemp for THC Concentration.
(a) Sample Preparation.
(1) The laboratory shall maintain chain of custody upon receiving the samples by documenting the chain of custody information on the sample analysis request form. The laboratory shall provide the information outlined in Sections 4940(b)(3)(M) through 4940(b)(3)(Q) on the sample analysis request form.
(2) The laboratory shall check the sample for any signs of tampering. The laboratory shall immediately notify the commissioner and not test the sample if there is evidence of tampering. New samples shall be collected and submitted to the laboratory for testing in accordance with the procedures outlined in Section 4941.
(3) Each composite sample shall be maintained and tested separately for THC concentration.
(4) All plant material included in the composite sample shall be processed and tested as a single sample.
(5) All plant material included in the composite sample shall be dried until the weight of the composite sample remains constant after drying intervals. Drying temperature shall not exceed 90 degrees Celsius.
(6) All of the dried plant material included in the composite sample shall be manicured through a wire screen no larger than 1.5 mm x 1.5 mm to remove all mature seeds and larger twigs and stems and milled to a homogenous powder-like consistency and combined before analysis.
(b) Suitable analytical instrumentation used to determine THC concentration in industrial hemp includes the following:
(1) Gas chromatography with flame ionization detector,
(2) Gas chromatography coupled with mass spectrometry,
(3) Liquid chromatography coupled with mass spectrometry, or
(4) Liquid chromatography coupled with diode-array or variable wavelength detector.
(c) “THC concentration” or “percentage concentration of THC” means the post-decarboxylated value of the percentage of delta-9 THC on a dry weight basis to the nearest thousandth, or three decimal places. The percentage concentration of THC may be measured by using either:
(1) a suitable analytical instrumentation described in Section 4942(b) that results in the decarboxylation of THC-acid to delta-9 THC, or
(2) a calculated value using a conversion formula of the percentage concentration of delta-9 THC plus eighty-seven and seven tenths (87.7) percent of the percentage concentration of THC-acid when a suitable analytical instrumentation described in Section 4942(b) does not result in the decarboxylation of THC-acid to delta-9 THC.
(d) “Acceptable hemp THC level” means a THC concentration that falls within the distribution or range that includes three-tenths of one percent or less that is produced when the measurement of uncertainty is applied to the reported THC concentration. For example, if the reported THC concentration of a sample is 0.35% and the measurement of uncertainty is ± 0.06%, the measured THC concentration would range from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is within the acceptable hemp THC level.
(e) Sample Retention and Disposal
(1) If the laboratory test report indicates a percentage concentration of THC that is equal to or less than the acceptable hemp THC level, the laboratory shall retain the sample for a minimum of 30 calendar days from the testing date.
(2) If the laboratory test report indicates a percentage concentration of THC that is exceeds the acceptable hemp THC level, the laboratory shall retain the sample for a minimum of 60 calendar days from the testing date. The laboratory shall destroy the samples in a manner compliant with Section 297B of the Code of Federal Regulations Section 10113 of the federal Agricultural Improvement Act of 2018 (December 20, 2018) (Public Law 115-334) which is hereby incorporated by reference.
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 § 4942, 3 CA ADC § 4942
End of Document