Section 001-274-IV - Sampling and InspectionA. All licensed hemp lots may be subject to sampling to verify that the total THC concentration of the hemp variety or strain planted does not exceed the acceptable hemp THC level. Sampling is required unless the hemp is grown exclusively for microgreens, immature plants for human or animal food or feed, seedlings or a Department approved variety or strain that meets the requirements for performance based sampling, including: 1. Varieties that have consistently demonstrated to result in compliant hemp plants;2. When a producer is conducting research on hemp and the plants will not enter commerce or will be destroyed; and3. When a producer has consistently produced compliant hemp plants over an extended period of time.B. The grower licensee will be notified prior to inspection and sampling. During inspection and sampling, the licensee or an authorized representative must allow complete and unrestricted access to all hemp plants within the licensed growing area.C. Unless exempted by Section IV(A), all hemp lots must be sampled prior to harvest. If a lot has not been sampled within 30 days prior to the intended harvest date, the licensee must notify the Department of the intent to harvest the hemp lot and allow for sampling.D. All hemp plants within each lot may be sampled to ensure compliance with all the requirements of this chapter. 1. Each sample will be divided into two parts. One part will be used for testing, and the other retained for retesting.2. Quantitative laboratory determination of the total THC concentration on a dry weight basis will be performed.3. A sample test result greater than 0.3% total THC or as otherwise defined in federal law shall be prima facie evidence that at least one Cannabis sativa L. plant or part of a plant in the licensed growing area contains THC above the allowable limit and the licensee is therefore not in compliance. Such a result shall be grounds to suspend or revoke the hemp license, subject to an opportunity for the licensee to request a hearing. Any request for a hearing must be made to the Department, in writing, within 10 days of the receipt of the sample test result. Sample test results may be provided to the appropriate law enforcement agencies.4. The grower licensee may request a retest of the retained portion of the sample. Any request for retesting must be made to the Department, in writing, within 10 days of the receipt of test results. The grower licensee must pay all analysis costs and shipping fees associated with the retest. If a retest is conducted, the results of the retest shall be final.5. Upon completion of testing, any remaining samples will be destroyed 10 days after receipt of test results.6. If a harvested lot exceeds the total THC limit, then the ISO 17025 accredited laboratory shall send the certificate of analysis containing the result within 24 hours of completing the lot test to the Department by electronic mail.7. The Department will provide the certificate of analysis for the harvested lot to the licensed grower and request the licensee respond within 48 hours by providing a proposed action plan for disposal, destruction, or remediation of the non-compliant hemp crop.8. The proposed action plan for disposal and destruction of harvested lot(s) will be reviewed and approved by the Department prior to implementation.9. Failure to respond to the Department within 48 hours as required by chapter 274 section IV(D)(7) above may be enforced as a civil violation and shall be grounds for license suspension or revocation.10. A harvested lot exceeding the acceptable potency level shall not be processed into hemp concentrate or used to formulate hemp products or hemp-infused products. Concentrate, products or infused products created from such a harvest lot may result in the required disposal or destruction of those concentrates or products.11. The grower licensee is responsible for the full cost of disposal, destruction and/or remediation. 01-001 C.M.R. ch. 274, § IV