Idaho Admin. Code r. 02.01.07.700

Current through September 2, 2024
Section 02.01.07.700 - SAMPLES AND TESTING
01.Sampling Protocol. Sampling will be conducted according to the Department's Sampling Protocol. The Department will send samples to an accepted laboratory selected by the license holder at the time of sampling. The licensee bears the full cost of laboratory testing.
02.Laboratory Testing. An accepted laboratory must use appropriate and validated methods and procedures for all testing activities and evaluate the measurement of uncertainty. Samples must be tested using post-decarboxylation or a similarly reliable method by which the total THC concentration level reported accounts for the conversion of THCA into THC. An accepted laboratory will analyze regulatory samples according to the Department's Testing Protocol and the following steps:
a. Maintain the chain of custody of each sample;
b. Retain the sample for a minimum of thirty (30) business days from the sample submission date;
c. Not commingle hemp from one (1) lot with hemp from any other lot;
d. Send the test results of official samples to the Department, license holder and USDA no later than the fifteenth business day from the sample submission date; and
e. Determine and report total delta-9 THC concentration level on a dry weight basis, and the measurement of uncertainty must be estimated and reported with the test results.
03.Test Results. Any test result of a sample showing, with acceptable quality control passing, that the total THC content of the sample exceeds the acceptable hemp THC level shall be conclusive evidence that hemp from the lot represented by the sample contains a THC concentration in excess of that allowed.
a. If the results of a test conclude that the THC levels of a sample exceeds the acceptable hemp THC level, the laboratory will promptly notify the producer, the Department, and the USDA.
04.Holding for Test Results. No hemp may be transferred or enter the stream of commerce until the license holder is notified that the hemp lot sampled and tested is compliant with an acceptable THC level when the application of the measurement of uncertainty is applied.
05.Retesting. A license holder may request a retest of the original sample within five (5) days from the date the license holder receives the results of the first test.
a. Retests must be performed by the laboratory that conducted the initial test.
b. The laboratory must use the original sample used in the first test for the retest.
c. The results of the retest are final.

Idaho Admin. Code r. 02.01.07.700

Effective March 15, 2022