Regulation .13 Nonmarketable Hemp.

Upon receipt of a failing test result, a licensed grower may request resampling and retesting of the varieties in question. If no retest is requested, or the retested sample is greater than 0.3 percent THC, the area represented by the sample, or any harvested hemp from the area represented by the sample, shall be disposed of as provided in Regulation .14 of this chapter. The grower shall retain all such testing results and make them available to the Department upon demand for a minimum of 3 years.

Hemp plants from lots determined to be nonmarketable (that is, the plants exceed the acceptable hemp THC level) and products derived from such plants may not be further handled, processed, or enter the stream of commerce.

If a grower comingles hemp from a lot with hemp from another lot before the test results from any of the comingled lots are made known, the grower shall dispose of all of the hemp if the test results from just one of these lots is subsequently found to be nonmarketable.