|(a) A consumable hemp product that exceeds the acceptable
hemp THC level or is adulterated in a manner harmful to human consumption
shall not be sold at retail or otherwise introduced into commerce
in this state.
(b) A hemp manufacturer, processor, or distributor
shall provide the results of testing required by §300.301 of
this subchapter (relating to Testing Required) to the department upon
(c) The registrant shall provide the testing results
required under §300.301 of this subchapter to a consumer or the
department upon request.
(d) A license holder shall not use an independent testing
accredited laboratory unless the license holder has:
(1) no ownership interest in the accredited laboratory;
(2) holds less than a ten percent ownership interest
in the accredited laboratory if the accredited laboratory is a publicly-traded
(e) A license holder must pay the costs of raw and
finished hemp product testing in an amount prescribed by the accredited
laboratory selected by the license holder.
(f) The department shall recognize and accept the results
of a test performed by an accredited laboratory, including at an institution
of higher education.
(g) The department may require that a copy of the test
results be sent directly to the department and the license holder.
(h) The department shall notify the license holder
of the results of the test not later than the 14th day after the date
testing results are made available to the department.
(i) A license holder shall retain results from samples
for a period of no less than three years from the date that testing
results are made available to the license holder.
(j) A manufacturer or processor of consumable hemp
products shall conduct sampling and testing using acceptance criteria
that are protective of public health.
(k) A consumable hemp product is not required to be
tested under §300.301 of this subchapter if each hemp-derived
ingredient of the product:
(1) has been tested;
(2) includes the results that are available upon request
from the department before distribution or sale; and
(3) contains an acceptable hemp THC level.
(l) The department may utilize Table 1 to test raw
or finished consumable hemp products as appropriate for the product
and the process: