6.1.1 Sampling of hemp plants as required by
the USDA, will be conducted by a sampling agent designated by the Department.
Sampling agents will follow USDA and Department protocol for entering hemp
growing sites and collecting the minimum number of plant specimens necessary to
represent a homogenous composition of the lot that is to be sampled. The
sampling agent will conduct one pre-harvest sample for each lot per licensed
6.1.2 The Department
requires that a licensed producer submit fees associated with sampling and
testing, and if applicable resampling and retesting, at a total of $350 per
sample collected. Fees are to be collected by the Department prior to
6.1.3 If a licensed
producer fails to complete harvest within 15 days of sample collection, the
Department will collect a second pre-harvest sample of the lot to be submitted
6.1.4 A licensed
producer or an authorized representative can request that the sampling process
be conducted during a time that they are present at the growing site, however,
sampling agents shall be provided complete and unrestricted access during
business hours to cannabis plants, whether growing or harvested, and land,
buildings, and other structures used for the cultivation, handling, and storage
of all cannabis plants, and locations listed in the producer license.
6.1.5 Within 30-15 days prior to the
anticipated harvest of cannabis plants, a licensed producer or an authorized
representative of the licensed producer, as documented on the Delaware Domestic
Hemp Production Program Application, shall notify the Department of the
anticipated date of harvest via phone or email.
6.1.6 Within 15 days prior to the date of
harvest, as indicated by the licensed producer or authorized representative of
the licensed producer, as documented in the Delaware Domestic Hemp Production
Program Application, a sampling agent shall collect representative samples from
cannabis plants to submit for testing of THC concentration levels.
6.1.7 The sampling agent will not collect
samples on lots where cannabis plants have not matured to flowering stage, as
the USDA requires that samples consist of flower material.
6.1.8 A licensed producer or any other
individual shall not harvest cannabis plants prior to samples being collected
by the Department. A licensed producer or other individual may harvest lots
that have been sampled by the Department but shall not remove harvested
material from a growing site or comingle harvested lots without written
authorization from the Department.
The growing site must be surveilled by
the sampling agent. The sampling agent shall:
126.96.36.199 Verify the GPS coordinates of the
growing site and lot as compared with the GPS coordinates submitted by the
licensee to FSA;
the average height, appearance, approximate density, condition of the hemp
plants, and degree of maturity of the flowering material, meaning
Visually estimate the homogeneity of the lot to be sampled to establish that
the lot is of like variety.
Cuttings from each individual lot, as
identified by a licensed producer, and submitted by the producer to the FSA as
per the requirements of the USDA, shall be organized as composite samples. Lots
are to be defined by the producer. Producers must utilize guidelines from the
Department for identifying lots, identification must be based on farm location,
planting date, and variety. Producers are responsible for reporting lot
identification to the FSA.
purposes of determining the number of individual plants to meet sampling
protocol as determined by the USDA sampling protocol document, the size of each
individual lot shall be considered by the Department and sampling agent. For
sampling purposes, samples from separate lots must remain separated and are not
to be comingled.
188.8.131.52 For lots
of less than four acres, including indoor growing sites, the sampling agent
will collect a minimum of five cuttings to form one composite sample. For lots
greater than four and fewer than ten acres, including indoor growing sites, the
sampling agent will collect a minimum of one cutting per acre to form a
184.108.40.206 For lots
larger than 10 acres, including indoor growing sites, the number of plants that
will be selected to form a composite sample is based upon the Codex
Alimentarius Recommended Methods of Sampling for the Determination of Pesticide
Residues for Compliance with MRLS CAC/GL 33-1999, in accordance with
220.127.116.11 A licensed producer
may contact the Department to request that a second sample be collected for
retesting if it is believed the original THC concentration level test results
were in error.
When collecting samples from each lot, the sampling agent must:
18.104.22.168 Always walk through the lot
following a sawtooth pattern, beginning at one point of the lot and walking
towards another point located on the opposite side of the lot.
22.214.171.124 Walk access roads, drainage ditches,
or other accessible paths that allow penetration into the lot (stand), in cases
where the lot (stand) is determined too dense and walking through is deemed
126.96.36.199 Cut at least
"n" flower material at random distances in the lot, while walking a sawtooth
188.8.131.52 Avoid collecting
too many cuttings from the borders of the field or indoor growing site, high
spots or low spots in the lot, and male plants.
184.108.40.206 Make the cut of a cannabis plant
just underneath the flower material. Each composite sample will contain
cuttings of flower material from the uppermost areas of the plant consistent
with a ratio of two-fifths of n. The remainder of the composite sample will be
collected from the upper one-third of the plant. The sample size must be of
adequate volume, as determined by the Department, to accommodate laboratory
220.127.116.11 Utilize one paper
sample bag, per lot, for collecting cuttings.
18.104.22.168 Seal each bag with a laboratory
sticker and record the sample identification information and date on the
Department will label samples for submission to the laboratory using the
22.214.171.124 Date of
sample (month, day, year); and
126.96.36.199 Lot identification as outlined by
the Department and reported to FSA.
6.2.1 The Department will contract with a
USDA approved laboratory to perform THC tests and require that test results be
shared with the licensed producer, the Department, and the USDA.
6.2.2 A cannabis sample collected and
submitted by the Department for testing is required in order to regulate that
hemp plants produced in the state of Delaware contain acceptable THC levels.
Test results are intended to measure the THC concentration levels of composite
cannabis samples collected from individual lots.
The laboratory used for testing
regulatory samples of cannabis, collected and submitted by the Department, is a
USDA approved laboratory and meets testing protocol and compliance standards as
required by USDA. (7 CFR Part 990
Domestic Hemp Production Program).
The Department will review the
measurement of uncertainty to make final determinations regarding acceptable
THC levels. (7 CFR Part 990
.3a(3) iii (F)).
6.2.5 The Department does not guarantee that
regulatory sampling and testing conducted by the Department will be in
compliance with other State regulatory authorities.
6.3.1 The Department will conduct annual
inspections of, at a minimum, a random selection of license holders and
registration holders to verify that hemp is not produced or processed in
violation of this Program. The Department shall have access, during reasonable
business hours, to any premises where hemp plants may be held.
The Department requires that the
following records be made available to the Department during reasonable
188.8.131.52 Acquisition of hemp
184.108.40.206 Production and
handling of hemp plants.
Storage of hemp plants.
Disposal of hemp plants. A producer that disposes of hemp plants is required to
notify the Department within ten days of disposal or destruction, using the
Disposal Certificate form.
6.3.3 If the Department finds that pesticides
are being sprayed, the licensed producer is subject to inspections by pesticide
inspectors under the authority of Delaware Pesticide Laws (3 Del.C. Ch.
6.3.4 If the Department finds
that hemp plants or hemp nursery stock are being sold, the licensed producer is
subject to inspection by nursery inspectors under the authority of Delaware
Nursery Laws (3 Del.C. Ch. 13).