15.01.060 Sampling and Inspections
(a) Sampling Requirements.
(1) Within 30 days prior to the anticipated harvest of cannabis plants, a producer shall have the HCO's sampling agent collect samples from the producer's crop for total delta-9 tetrahydrocannabinol concentration level testing. The sampling agent will be a person who is trained by the HCO to conduct sampling under USDA rules. Producers may not collect samples from their own growing facilities.
(2) Samples shall be obtained from the flowering tops of plants when flowering tops are present, and shall be approximately five to eight inches in length from the "main stem" (that includes the leaves and flowers), "terminal bud" (that occurs at the end of a stem), or "central cola" (cut stem that could develop into a bud) of the flowering top of the plant.
(b) Sampling Methods.
(1) The method used for sampling must be sufficient at a confidence level of 95 percent that no more than one percent of the plants in each lot would exceed the acceptable hemp THC level and ensure that a representative sample is collected that represents a homogeneous composition of the lot.
(2) Alternatively, the Tribe may adopt a performance-based method subject to USDA approval.
(3) The alternative method must have the potential to ensure, at a confidence level of 95 percent, that the cannabis plant species Cannabis sativa L. that will be subject to the alternative method will not test above the acceptable hemp THC level. The alternative method may consider one or more of the following factors:
(A) Seed certification process or process that identifies varieties that have consistently demonstrated to result in compliant hemp plants within Tribal Territory;
(B) Whether the producer is conducting research on hemp;
(C) Whether a producer has consistently produced compliant hemp plants over an extended period of time; and
(D) Factors similar to those identified above in 3(a)-(c).
(c) Sample Collection Protocol.
(1) During a scheduled sample collection, the producer or an authorized representative of the producer shall be present at the growing site if possible.
(2) Sampling agents shall be provided with complete and unrestricted access during business hours to all hemp and other cannabis plants (whether growing or harvested), to areas where hemp is grown and stored, and to all land, buildings, and other structures used for the cultivation, handling, and storage of all hemp and other cannabis plants, and all locations listed in the producer license.
(3) A producer shall not harvest the cannabis crop prior to samples being taken.
(d) Inspections.
(1) The HCO shall conduct annual inspections of a random sample of no less than 10% of all producers to verify that hemp is not produced in violation of this chapter.
