Performance-Based Sampling Protocol. For hemp plants that are not intended to be produced to a mature, flowering state (for example, hemp greens, hemp microgreens, and hemp transplants), the Department may utilize a performance-based sampling protocol to determine THC crop compliance. This protocol, which has been approved by USDA, includes seed certification processes and other processes that identify varieties that have consistently resulted in compliant hemp plants. Notice to the Department. At planting, the licensed grower shall notify the Department of the grower’s intent and plans for producing hemp greens, hemp microgreens, or hemp transplants, including the grower’s intent to harvest these plants. If the licensed grower is intending to produce hemp greens, hemp microgreens, or hemp transplants, the grower may only use hemp seeds or propagules that originate from THC compliant hemp plants. To ensure this, the licensed grower may only use: Seeds originating from THC compliant hemp plants that have been certified by a member agency of the Association of Official Seed Certifying Agencies; Seeds derived from hemp plants that were tested during the preceding 2-year period and, for each of these 2 years, deemed THC compliant by the Department, an authorized laboratory, or other USDA-approved hemp program; and Propagules from hemp plants that were tested by the Department, an authorized agency, or other USDA-approved program and deemed THC compliant. If the licensed grower is using certified seeds, the grower shall provide the Department copies of the seed tags. If the licensed grower is using propagules, the grower shall provide the Department the test results of the hemp plants. The Department may conduct random testing of hemp greens, hemp microgreens, and hemp transplants produced by licensed growers. The Department may collect samples for determining the total THC concentration. The licensed grower shall have an authorized representative on-site during the site inspection conducted by the Department. If the crop does not meet the protocol for determining crop compliance under this regulation, the licensed grower shall hold the harvest lot until notified by the Department of the grower’s options. Hemp Microgreens Verification. The Department shall verify that the producer: Obtained and used only authorized hemp seed or propagules; Harvested the crop no more than 14 days after planting; Only grew hemp plants that were no more than 5 inches in height; and Did not grow hemp plants to a flowering state. Hemp Greens Verification. The Department shall verify that the producer: Obtained and used only authorized hemp seed or propagules; Harvested the crop prior to the plants being 10 inches in height; and Did not produce a flowering crop. Hemp Transplants Verification. The Department shall verify that the producer: Obtained and used only authorized hemp seed or propagules; Only grew plants that were no more than 12 inches in height; and Did not grow plants to a flowering state. If the licensed grower produces a crop that does not meet the protocol for determining THC crop compliance under this regulation, the grower shall: Follow the compliance, sampling, and testing requirements set forth in Regulation .10 of this chapter; or Dispose of the crop. Records. Proof of THC Compliance. A licensed grower producing hemp greens, hemp microgreens, or hemp transplants shall maintain for 3 years records showing proof of THC compliance of seeds or propagules used to produce these crops. Sales Records. A licensed grower producing hemp transplants shall maintain for 3 years records showing the name and address of persons to whom the transplants were sold or transferred.