Haw. Code R. § 4-161-5 - Inspection and sampling

(a) All licensees are subject to inspection and sampling of their industrial hemp crop to verify that the delta-9-tetrahydrocannibinol concentration does not exceed 0.3 per cent on a dry weight basis or a tetrahydrocannabinol concentration allowed by federal law, whichever is greater.

(b) During the inspection, the licensee or the licensee's authorized representative shall be present at the licensed land area and shall provide the department with complete and unrestricted access to all industrial hemp plants, plant materials, and seeds within a licensed land area whether growing or harvesting, all land, buildings, and other structures, and all documents and records pertaining to the licensee's industrial hemp growing business.

(c) Sampling of industrial hemp shall occur in the following manner:

(1) Individual and composite samples of each variety of industrial hemp may be sampled from the growing areas.

(2) Quantitative laboratory determination of the delta-9-tetrahydrocannibinol concentration on a dry weight basis shall be performed.

(3) A sample test result greater than 0.3 per cent of delta-9-tetrahydrocannibinol concentration or a tetrahydrocannibinol concentration allowed by federal law, whichever is greater, shall be considered conclusive evidence that at least one cannabis plant or part of a plant in the growing area contains a delta-9-tetrahydrocannibinol concentration over the limit allowed of for industrial hemp and that the licensee of that growing area is therefore not in compliance with this chapter. Upon receipt of such a test result, the department may summarily suspend or revoke the licensee's license. The department shall furnish the licensee a portion of the violative sample if the licensee requests it in writing within thirty days of the date of the department's notification of non-compliance to the licensee.

(d) Test results from tests performed according to methods approved by the department from an institution of higher education may, at the department's discretion, be accepted in lieu of the department sampling.

(e) Licensees shall pay a charge of $35 per hour per inspector for actual drive time, mileage, inspection, and sampling time. Payment shall be remitted within thirty days of the date of the invoice.

(f) Licensees shall reimburse the department for all laboratory analysis costs incurred. Payment shall be remitted within thirty days of the date of the invoice.

(g) All licensees are subject to routine inspection and sampling to verify that the delta-9-tetrahydrocannibinol concentration of the industrial hemp planted within a licensed land area does not exceed 0.3 per cent on a dry weight basis or a tetrahydrocannibinol concentration allowed by federal law, whichever is greater. All licensees are further subject to routine inspection and sampling to verify compliance with the reporting requirements of this chapter. The department may select up to one hundred per cent of licensees to be inspected. The department shall send notification to each licensee of their selection. The notification shall inform the licensee of the scope and process of the inspection and require the licensee to contact the department within ten days of the date of the notification to set a date and time for the inspection to occur. Failure to contact the department as required may result in the penalties set forth in section 4-161-6.

(h) In addition to routine inspection and sampling under subsection (g), the department may inspect and take samples from any licensed land area during normal business hours without advance notice if the department has reason to believe a violation of this chapter may be occurring. The department may also conduct such additional inspection and sampling as necessary to verify compliance with the reporting requirements of this chapter.

Notes

Haw. Code R. § 4-161-5

[Eff 9/22/2017] (Auth: HRS § 141-40) (Imp: HRS §§ 141-36, 141-37)