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(a)This section does not apply to low-THC cannabis
regulated under Texas Health and Safety Code, Chapter 487.
(b)Notwithstanding any other law, a person shall not
sell, offer for sale, possess, distribute, or transport a consumable
hemp product in this state, including CBD oil, if the consumable hemp
product contains any material extracted or derived from the plant
Cannabis sativa L., other than from hemp produced in compliance with
7 United States Code (U.S.C.) Chapter 38, Subchapter VII, unless:
(1)a representative sample of the oil has been tested
by an accredited laboratory and found to have a 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;
and
(2)testing results are provided to the department
upon request.
(c)The department shall conduct random testing of
consumable hemp products at various retail and other facilities that
sell or distribute products to ensure the products:
(1)do not contain harmful ingredients;
(2)are produced in compliance with 7 U.S.C. Chapter
38, Subchapter VII; and
(3)have a 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.
(d)Upon request by the department, the manufacturer,
processor, distributor, or retailer of consumable hemp products shall
provide representative raw or finished consumable hemp product samples
to the department.
(e)Representative raw or finished consumable hemp
product samples shall be provided to the department at owner, license
holder, or registrant expense.
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-202002882 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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