Cal. Code Regs. tit. 3 § 4944

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 4944 - Notification of Laboratory Test Report

(a) Laboratories shall issue a separate laboratory test report for each composite sample.

(b) The laboratory test report shall include the:

(1) registration number,

(2) unique sample identification number as assigned on the sample analysis request form,

(3) name and contact information of the registrant,

(4) name of the sampler,

(5) dates and times of the sample collection, testing, and test report,

(6) name of the cultivar tested,

(7) physical address, Global Positioning System coordinates, general description of the planting location, and total acreage or square footage of the planting sampled,

(8) lot identification number as provided by United States Department of Agriculture Farm Service Agency,

(9) name and contact information of the laboratory,

(10) name of approved analytical instrumentation used and the limit of detection (LOD),

(11) name of the person who received the sample,

(12) name of the person who tested the sample

(13) DEA registration number of the laboratory, if applicable,

(14) identification of a retest, if applicable,

(15) percentage concentration of THC in accordance with Section 4890(a)(25),

(16) measurement of uncertainty as a ± percentage value to the nearest thousandth, or three decimal places, at 95% confidence level,

(17) the words "OFFICIAL CALIFORNIA REGULATORY SAMPLE",

(18) and words "PASSED AS CALIFORNIA INDUSTRIAL HEMP" or "FAILED AS CALIFORNIA INDUSTRIAL HEMP" at or near the top of page.

(A) If the laboratory test report indicates a percentage concentration of THC that is within the acceptable hemp THC level, the words "PASSED AS CALIFORNIA INDUSTRIAL HEMP" shall appear.

(B) If the laboratory test report indicates a percentage concentration of THC that is greater than the acceptable hemp THC level, the words "FAILED AS CALIFORNIA INDUSTRIAL HEMP" shall appear.

(c) Laboratories shall provide an electronic copy of the laboratory test report to the registrant and commissioner concurrently within 10 calendar days of the collection of samples.

(d) Following the electronic notification of the laboratory test report, the laboratory shall:

(1) report the results for all samples required to be tested to the United States Department of Agriculture,

(2) provide the registrant no fewer than ten original paper copies with wet signatures of a passing laboratory test report, signed by an employee authorized to sign by the laboratory,

(3) provide the registrant one or more paper copies of a failed laboratory test report, signed by an employee authorized to sign by the laboratory

(e) Upon request from the commissioner, the laboratory shall provide a copy of the completed sample analysis request form.

(f) The laboratory shall retain one or more original copies of each laboratory test report and the completed sample analysis request form for a minimum of three years from the date of sampling.

Cal. Code Regs. Tit. 3, § 4944

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 of subsection (c) filed 4-9-2021 as an emergency; operative 4-9-2021 (Register 2021, No. 15). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-4-2022 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 4-9-2021 order transmitted to OAL 11-18-2021 and filed 12-30-2021 (Register 2021, No. 53).
10. New subsection (b)(8), subsection renumbering, amendment of newly designated subsection (b)(15) and subsections (d)(1)-(3) 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.
11. New subsection (b)(8), subsection renumbering, amendment of newly designated subsection (b)(15) and subsections (d)(1)-(3) 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.
12. Certificate of Compliance as to 1-3-2023 order, including amendment of subsection (b)(15), 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 of subsection (c) filed 4-9-2021 as an emergency; operative 4-9-2021 (Register 2021, No. 15). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-4-2022 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 4-9-2021 order transmitted to OAL 11-18-2021 and filed 12-30-2021 (Register 2021, No. 53).
10. New subsection (b)(8), subsection renumbering, amendment of newly designated subsection (b)(15) and subsections (d)(1)-(3) 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.
11. New subsection (b)(8), subsection renumbering, amendment of newly designated subsection (b)(15) and subsections (d)(1)-(3) 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.
12. Certificate of Compliance as to 1-3-2023 order, including amendment of subsection (b)(15), 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).