R68-22-5. Inspection and Revocation of Certification

  (1) Growing area(s) are subject to random sampling to verify the THC concentration does not exceed 0.3% on a dry weight basis by department officials.

  (2) Department shall have complete and unrestricted access to all industrial hemp plants and seeds whether growing or harvested, all land, buildings and other structures used for the cultivation and storage of industrial hemp, during normal business hours.

  (3) Samples of each variety of industrial hemp may be sampled from each growing area(s) at the department's discretion.

  (4) The department will conduct the laboratory testing on the samples to determine the THC concentration on a dry weight basis.

  (5) The department shall test each of the growing area(s) two weeks prior to harvest.

  a. The Applicant shall notify the department at least 3 weeks prior to harvest.

  (6) Any laboratory test result of greater than 0.3% may be considered a violation of the terms of the certificate. Upon receipt of such a test the department may revoke the certificate.

  (7) Upon a test result of greater than 0.3% the department shall:

  a. Notify the faculty advisor of all test results,

  b. Allow for additional testing to be done at the request of the faculty advisor,

  i. Faculty advisor shall notify the department, in writing, within ten days if they are seeking additional testing,

  c. Supervise the destruction of the industrial hemp crop, and

  d. Send notification of revocation to the faculty advisor within 30 days if a determination is reached to suspend the certificate.

  (8) Any laboratory test with a result of 1.0% or greater will be turned over to the appropriate law enforcement agency and revocation of the certificate will be immediate, unless:

  a. applicant(s) declared in the research plan the possibility of exceeding 1% THC level,

  b. an explanation for why the THC level may exceed 0.3%, and

  c. additional measures that may need to be taken to control access to the Industrial Hemp.