Statutes, codes, and regulations
California Code Of Regulations
Title 3 - Food and AgricultureDivision 4 - Plant IndustryChapter 8 - Industrial Hemp Cultivation
Article 2 - Regulations for Industrial Hemp Cultivation
Section 4942 - Approved Testing Method for Testing Industrial Hemp for THC Concentration

Cal. Code Regs. tit. 3 § 4942

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 4942 - Approved Testing Method for Testing Industrial Hemp for THC Concentration
(a) Sample Preparation.
(1) The laboratory shall maintain chain of custody upon receiving the samples by documenting the chain of custody information on the sample analysis request form. The laboratory shall provide the information outlined in Sections 4940(b)(1)(M) through 4940(b)(1)(Q) on the sample analysis request form.
(2) The laboratory shall check the sample for any signs of tampering. The laboratory shall immediately notify the commissioner and not test the sample if there is evidence of tampering. New samples shall be collected and submitted to the laboratory for testing in accordance with the procedures outlined in Section 4941.
(3) Each composite sample shall be maintained and tested separately for THC concentration.
(4) All plant material included in the composite sample shall be processed and tested as a single sample.
(5) Each composite sample shall be tested for THC concentration on dry weight basis. The laboratory can either:
(A) Dry all plant material included in the composite sample until the weight of the composite sample remains constant after drying intervals (typically five to 12 percent moisture content). Drying temperature shall not exceed 90 degrees Celsius. The moisture content shall be expressed as the ratio of the amount of moisture in the sample to the amount of dry solid in the sample; or
(B) Analyze the moisture content of the sample and factor the measured moisture content into the THC concentration for a dry weight basis by using the following formula:

THC concentration on dry weight basis = THC concentration of the wet sample/(1.0 - (percentage weight of the wet sample/100)).

(6) All of the dried plant material included in the composite sample shall be ground using a centrifugal rotor mill or a similar method to mill and combine the sample into a homogenous powder-like consistency before analysis.
(b) Suitable analytical instrumentation used to determine THC concentration in industrial hemp includes the following:
(1) gas chromatography with flame ionization detector,
(2) gas chromatography coupled with mass spectrometry,
(3) liquid chromatography coupled with mass spectrometry, or
(4) liquid chromatography coupled with diode-array or variable wavelength detector.
(c) Sample Retention and Disposal.
(1) If the laboratory test report indicates a percentage concentration of THC that is equal to or less than the acceptable hemp THC level, the laboratory shall retain the sample for a minimum of 30 calendar days from the testing date.
(2) If the laboratory test report indicates a percentage concentration of THC that exceeds the acceptable hemp THC level, the laboratory shall retain the sample for a minimum of 60 calendar days from the testing date. Between 60 and 120 calendar days from testing date, the laboratory shall destroy the samples in a manner compliant with Section 297 B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (December 20, 2018) (Public Law 115-334)) which is hereby incorporated by reference.

Cal. Code Regs. Tit. 3, § 4942

1. New section filed 6-10-2019 as an emergency; operative 6-10-2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-10-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).
4. New section refiled 3-24-2020 as an emergency; operative 3-24-2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).
7. New section filed 1-11-2021; operative 1-11-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
8. Amendment filed 7-11-2022 as an emergency; operative 7-11-2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
9. Amendment refiled 1-3-2023 as an emergency; operative 1-3-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 1-3-2023 order, including amendment of subsection (a)(1), transmitted to OAL 3-29-2023 and filed 5-11-2023; amendments effective 5-11-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 19).

Note: Authority cited: Sections 407 and 81006, Food and Agricultural Code. Reference: Section 81006, Food and Agricultural Code.

1. New section filed 6-10-2019 as an emergency; operative 6/10/2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-10-2019 as an emergency; operative 12/10/2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).
4. New section refiled 3-24-2020 as an emergency; operative 3/24/2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).
7. New section filed 1-11-2021; operative 1/11/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
8. Amendment filed 7-11-2022 as an emergency; operative 7/11/2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
9. Amendment refiled 1-3-2023 as an emergency; operative 1/3/2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 1-3-2023 order, including amendment of subsection (a)(1), transmitted to OAL 3-29-2023 and filed 5-11-2023; amendments effective 5/11/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 19).