010-61 Wyo. Code R. §§ 61-5 - Hemp Producer Inspection and Sampling Protocol
(a) Upon receipt of
a Harvest report, the Department will schedule and send a Sampling Agent to the
licensee's Licensed Area. Each Lot must be sampled by a Sampling Agent prior to
Harvest.
(b) A licensee must notify
the Department immediately of any changes in the reported Harvest date in
excess of five days. If any such changes are made, the Department may require
additional sampling prior to Harvest.
(c) All licensees are subject to inspection
and sampling to verify that the THC concentration level of all Cannabis does
not exceed the Acceptable Hemp THC Level.
(d) During an inspection by the Department or
a Sampling Agent, the licensee, a Key Participant, or a designated employee
shall be present at the Licensed Area and shall provide the Department with
complete and unrestricted access during reasonable business hours to all
Licensed Areas and to all documents specified in Section
4 of these rules. When the Department or a
Sampling Agent collects samples during an inspection, the licensee, a Key
Participant, or a designated employee must accompany the Department's
representative throughout the sampling process.
(e) The Department shall only use samples
collected by a Sampling Agent and analyzed by the Department or an authorized
agent to determine compliance with these rules.
(f) Any Official Test Results showing that a
sample's THC concentration level is greater than the Acceptable Hemp THC Level
shall constitute evidence that all Cannabis in the sampled Lot has a THC
concentration level greater than the Acceptable Hemp THC Level and that the
licensee is therefore not in compliance with the Hemp Statute and these rules.
Upon receipt of such an Official Test Result, the Department will notify the
licensee and USDA and require disposal of each non-compliant Lot in accordance
with Section
6. The Department will develop and issue a
corrective action plan to the licensee as provided in Section
14.
(g) If a licensee believes that an Official
Test Result from the Department is in error, the Department will retest the
sample originally collected by the Department if:
(i) The licensee requests a retest within
five days of notification of the Official Test Results;
(ii) The licensee pays all costs associated
with the retest; and
(iii) Payment
for retesting is received within 15 days of the request for
retesting.
(h) If
Cannabis in a Lot has a THC concentration level that does not exceed the
Acceptable Hemp THC Level, it is considered hemp and may enter the stream of
commerce.
(i) Cannabis with a THC
concentration level exceeding the Acceptable Hemp THC Level must be disposed of
in accordance with Section
6.
Notes
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