1. A grower, handler or producer may submit hemp or a commodity or product made using hemp, other than a commodity or product which is intended for human consumption, to an independent testing laboratory for testing pursuant to this section and an independent testing laboratory may perform such testing.
2. A grower or producer shall, before harvesting, submit a sample of each crop to the Department or an independent testing laboratory approved by the Department to determine whether the crop has a THC concentration that exceeds the maximum THC concentration established by federal law for hemp. The Department may adopt regulations relating to such testing which include, without limitation:
(a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing; and
(b) A requirement that a laboratory provide the results of the testing directly to the Department in a manner prescribed by the Department.
3. A crop which is harvested before the testing required by subsection 2 is completed shall be deemed to have failed the testing and may be detained, seized or embargoed by the Department. The Department shall not renew the registration of a grower or producer who harvests a crop before the testing required by subsection 2 is completed.
4. Except as otherwise provided in subsection 3 and by federal law, a grower or producer whose crop fails a test prescribed by the Department pursuant to this section may submit that same crop for retesting. The Department shall adopt regulations establishing protocols and procedures for such retesting.
5. As used in this section, “independent testing laboratory” means a facility certified as an independent testing laboratory pursuant to NRS 453A.368.
(Added to NRS by 2017, 1347; A 2019, 2353, 2587)
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