Utah Admin. Code 66-37-7

Current through Bulletin 2024-23, December 1, 2024
Section R66-37-7 - Inspection and Revocation of License
(1) The department shall have complete and unrestricted access to industrial hemp plants whether growing or harvested, any raw material and product, and any land, buildings and other structures used for the processing, and storage of industrial hemp, during normal business hours.
(2) Any material in the processing area is subject to random sampling and testing by the department to ensure the THC concentration is within the limits required by this rule.
(3) Upon receipt of a failed test result the department may revoke the Industrial Hemp Research License, except as provided in this rule.
(4) Upon receipt of notice of a failed test, the department shall:
(a) notify the faculty advisor of each test result; and
(b) allow for additional testing to be done at the request of the faculty advisor.
(5) The faculty advisor shall notify the department, in writing, within ten days if they are seeking additional testing.
(6) In response to receiving notification of a failed test result and notification from the faculty advisor that they will not seek additional testing, the department shall:
(a) supervise the destruction of the industrial hemp raw plant material, raw concentrate, or product; and
(b) send notification of revocation to the faculty advisor within 30 days if a determination is reached to suspend the license.
(7) Any laboratory test with a total THC and any THC analog concentration of 1.0% or greater will be turned over to the appropriate law enforcement agency and revocation of the license will be immediate, unless:
(a) the applicant declared in the research plan the possibility of exceeding 1% total THC and any THC analog level;
(b) the research plan includes an explanation for why the total THC and any THC analog level may exceed 0.3%; and
(c) the research plan includes additional measures that may need to be taken to control access to the industrial hemp.

Utah Admin. Code R66-37-7

Adopted by Utah State Bulletin Number 2024-16, effective 8/12/2024