Rule 40-32-2-.03 - Grower Sampling Requirements(1) Within 30 days prior to the anticipated harvest of any lot of cannabis plants, the hemp grower licensee must have a Department-approved sampling agent collect samples from cannabis plants in the lot for total delta-9-THC concentration testing.(2) Sampling must be conducted in accordance with the USDA's most current Sampling Guidelines for Hemp, U.S. Domestic Hemp Production Program, which will be made available on the Department's website at agr.georgia.gov.(3) The method used for sampling must be sufficient at a confidence level of 95 percent that no more than one percent (1%) of the plants in the sampled lot would exceed the total delta-9-THC concentration. The method used for sampling must ensure that a representative sample is collected that represents a homogeneous composition of the lot.(4) During a scheduled sample collection, the hemp grower licensee or an authorized representative of the hemp grower licensee must be present at the grow site.(5) The cannabis material to be collected for sampling will be solely determined by the Department-approved sampling agent, in accordance with the USDA's most current Sampling Guidelines for Hemp, U.S. Domestic Hemp Production Program.(6) The hemp grower licensee will be responsible for paying all sampling fees. No compensation will be owed by the Department to the hemp grower licensee for any such sampling or for any samples collected by the Department-approved sampling agent.(7) Only samples taken by a Department-approved sampling agent will be considered official samples.(8) The Department-approved sampling agent(s) must be provided with complete and unrestricted access during business hours to all hemp and other cannabis plants and material, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, or storage of hemp and other cannabis plants, and all locations listed on the hemp grower license application or later officially changed.(9) A hemp grower licensee must not harvest any cannabis prior to official samples being taken.(10) Only post-harvest samples may be used for remediated biomass.Ga. Comp. R. & Regs. R. 40-32-2-.03
O.C.G.A. §§ 2-2-9; 2-23-1 et seq.
Original Rule entitled "Grower Sampling Requirements" adopted. F. Feb. 10, 2020; eff. Mar. 1, 2020.Amended: F. Jan. 19, 2022; eff. Feb. 8, 2022.Amended: F. Sept. 11, 2024; eff. Oct. 1, 2024.