Texas Register

TITLE 25 HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 300MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER BMANUFACTURE, PROCESSING, AND DISTRIBUTION OF CONSUMABLE HEMP PRODUCTS
RULE §300.203Access to Records
ISSUE 07/24/2020
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)A person who is required to maintain records under this chapter or §519 or §520(g) of the Federal Act must maintain records on site for immediate inspection, and at the request of the department, provide access to records for review or copying to verify consumable hemp products are being produced in accordance with United States Department of Agriculture under 7 United States Code (U.S.C.) Chapter 38, Subchapter VII, or Texas Agriculture Code, Chapter 121.

(b)A person licensed under Texas Agriculture Code, Chapter 122, shall make available to the department upon request the results of tests conducted on samples of hemp or hemp products as evidence that the delta-9 tetrahydrocannabinol content concentration level on a dry weight basis, that, when reported with the accredited laboratory's measurement of uncertainty, produces a distribution or range that includes a result of 0.3 percent or less delta-9 tetrahydrocannabinol concentration of the hemp or hemp products does not exceed 0.3 percent.

(c)Records described in subsection (b) of this section must be maintained for a period of no less than three years after the date the records are created.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 13, 2020

TRD-202002881

Barbara L. Klein

General Counsel

Department of State Health Services

Effective date: August 2, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 231-5653



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