CSV.8.6.010 Procedures for Sampling and Testing

The following procedures shall apply to sampling and testing of Cannabis sativa L. within the jurisdiction of the Tribe:

(a) All sampling and testing of Cannabis sativa L. shall comply with this section.

(b) All Licensed Producers or Licensed Processors are subject to sampling and testing of all Hemp produced, in accordance with Section CSV.8.6.010(e) to verify that the total Delta-9-THC concentration of the Cannabis sativa L. plant within a lot does not exceed .3% on a dry weight basis.

(c) In addition to any routine sampling, the Agricultural Division shall designate the person to take samples from any lot during normal business hours without advance notice to the Licensee if the Agricultural Division has reason to believe a violation of this ordinance may be occurring or has occurred.

(d) All Licensed Producers shall be subject to mandatory sampling and testing of any Cannabis sativa L. prior to harvest. The procedures for sampling shall be as follows:

(1) Licensed Producers shall contact the Agricultural Division to arrange for a date and time for sampling of the Hemp produced on the Lot at least thirty (30) days prior to harvest;

(2) Sampling must occur within thirty (30) days prior to harvest of any Cannabis sativa L.;

(3) The Agricultural Division shall have unrestricted access to the lot;

(4) A person designated by the Agricultural Division, who has received USDA training, shall collect a representative sample of Cannabis sativa L. flower material from the Registered Land Area that represents a homogeneous composition of the lot and transport it to an independent DEA certified laboratory or other laboratory allowable under federal law and approved by the Agricultural Division;

(5) Current Licensed Producers may not act as sampling agents and may not collect their own samples.

(6) Sampling techniques shall ensure that a representative sample of flower material is collected representing a homogenous composition of the lot;

(7) The sampling agent shall visually estimate the average height, appearance, approximate density, conditions of the plants, and the degree of maturity of the inflorescence;

(8) Samples from flowering tops of plants shall be approximately five to eight inches in length from the main stem, which includes the leaves and flowers, terminal bud that occurs at the end of the stem, or the central cola;

(9) The Agricultural Division sampling procedures ensure, with a 95% level of confidence, that no more than 1% of the Cannabis sativa L. sampled from the Registered Land Area will fail to meet the definition of Hemp under this ordinance;

(10) The number of plants sampled shall be based on the size of the growing area of the lot as follows;

(A) Lots of less than acre, including greenhouses, a minimum of one plant shall be used to form a sample;

(B) For lots one acre to ten acres, including greenhouses, the number of samples is one sample per acre; and

(C) Any lot larger than ten acres, including greenhouses, shall follow the Sampling Guidelines for Hemp as explained in section 7 of the Sampling Guidelines for Hemp, found at: https://www.ams.usda.gov/sites/default/files/media/SamplingGuidelinesforHemp.pdf.

(11) During a scheduled sample collection, the Licensed Producer or their authorized representative shall be present during the sampling;

(12) Samples of plant material from one strain shall not be commingled with plant material from any other strain; and,

(13) A Licensed Producer shall not harvest the Cannabis sativa L. on the Registered Land Area prior to sampling.

(14) Samples shall be obtained from the flowering tops of plants when flowering tops are present, and shall be approximately five to eight inches in length from the main stem, terminal bud, or central cola of the flowering top of the plant.

(e) The procedures for testing Cannabis sativa L. shall be as follows:

(1) Analytical testing for total Delta-9-THC concentration levels will use postdecarboxylation as approved by the USDA;

(2) The total Delta-9-THC concentration level shall be determined and reported on a dry weight basis;

(3) Testing will be performed by an independent DEA certified laboratory or other laboratory allowable under federal law and approved by the Agricultural Division. Testing methodology shall include gas or liquid chromatography with detection. All test results must include total THC (THC-A + Delta-9-THC) or the calculation to determine total THC. The Agricultural Division is responsible for ensuring that the laboratory's standards of performance for detecting total Delta-9-THC concentration levels, including the conversion of THCA to THC, are consistent with 7 C.F.R. § 990.25; and the following standards, to the satisfaction of the Agricultural Division:

(A) Laboratory quality assurance must ensure the validity and reliability of test results;

(B) Analytical method selection, validation, and verification must ensure that the testing method used is appropriate (fit for purpose) and that the laboratory can successfully perform the testing;

(D) Laboratory measurement of uncertainty must be estimated and reported with Test Result Reports. Laboratories shall use appropriate, validated methods and procedures for all testing activities, and shall evaluate and report to the Agricultural Division their measurement of uncertainty in test results.

(4) Laboratory testing must result in production of a Test Result Report consistent with the requirements of this ordinance; and,

(5) All test results shall be reported to both the Agricultural Division, the Licensee, and directly to the USDA through the online HeMP Platform.

(6) All test results shall be reported directly to the USDA through the online HeMP platform.

(f) Any test of a representative sample of Cannabis sativa L. under this subchapter that fails to meet the definition of Hemp shall be evidence that the lot represented by the sample is not in compliance with this ordinance and shall be disposed of in accordance with the provisions of Subchapter CSV.8.7 of this ordinance.

(g) Licensees shall be responsible for fees associated with sampling and testing, including lab fees. The Agricultural Division may charge a reasonable hourly fee for any individual(s) designated by the Agricultural Division to conduct the sampling, for actual drive time, mileage, inspection sampling time and any other administrative costs. All fees shall be paid within thirty (30) days of any invoice received from the Agricultural Division.

(h) Nothing in this section shall prevent a Licensee from voluntarily collecting samples and testing Hemp for quality assurance and research and development purposes.

(i) A Licensee may apply to the Agricultural Division for retesting and/or resampling of any non-compliant Cannabis sativa L., provided the lots of hemp have not been harvested, no later than five (5) days from notification of test results Hemp which may be approved or denied at the Agricultural Division's sole discretion.