It appears there is still a lot of confusion around what testing is required for hemp and the change in pre-harvest testing requirements happening in January. We’d like to help clarify some of the questions ODA has heard from the industry.
Pre-harvest Testing
Pre-harvest testing for 2019 is for delta-9 THC only. The plants must be in the field. The pre-harvest sampling and testing qualifies the plants legally as industrial hemp. Given the language in the 2018 Farm Bill and anticipated requirements in the not yet released USDA rules, ODA put rules into place that start in 2020 requiring pre-harvest testing for total THC. Pre-harvest testing only qualifies the plants legal as hemp.
Post-harvest Testing
Post-harvest testing rules have been in place since 2018 and require the ODA Hemp Program to mirror the marijuana testing rules that are for total THC. These rules have not changed since 2018. The confusion seems to be centered around a) testing plant material between harvest and extraction/concentrate or retail and b) when the 30 pound (lb) batch testing is required.
When 30 lb batch testing is not required
- If the plant material (biomass) is going directly to a handler. There is no further state testing that is required after pre-harvest testing.
- If the plant material is going to become an extraction/concentrate that includes a sterilization step (i.e. the solvents and alcohol extractions) and the handler does not want to qualify for pesticide remediation. Remediation is cleaning up the product after a required post-harvest test has happened. Any process that is part of the extraction prior to the required post-harvest test is not remediation.
When 30 lb batch testing is required
- If the plant material (biomass) is going to be turned into retail-ready flower/bud/pre-rolls. Must be tested in 30 lb batches for potency (total THC and CBD), pesticides, water activity, and moisture content.
- If the extraction/concentrate process does not include “effective sterilization” such as an oil or butter, the plant material must be tested (in 30 lb batches) for water activity and moisture content.
- If the plant material is going to become an extraction/concentrate and the handler does want to qualify for pesticide remediation. Remediation is cleaning up the product after a required post-harvest test has happened. Any process that is part of the extraction prior to the required post-harvest test is not remediation.
If a grower is selling to a handler, there is no state required testing after the pre-harvest testing. If a grower wants a research and development (R&D) test for potency to show the buyer the THC/CBD content of the dried plant material, this is allowed but not required.
We appreciate your interest and desire to support Oregon’s Hemp industry. Please feel free to share this email.
