Nevada § 557.270 - Requirements for submission of hemp for testing; adoption of regulations relating to testing; results of testing; failing testing; retesting

§ 557.270. Requirements for submission of hemp for testing; adoption of regulations relating to testing; results of testing; failing testing; retesting

1. A grower, handler or producer may submit hemp or a commodity or product made using

hemp, other than a commodity or product described in subsection 1 of NRS 439.532 , to a cannabis independent testing laboratory for testing pursuant to this section

and a cannabis independent testing laboratory may perform such testing. 2. Before the harvest of any crop, the Department shall collect a sample of the crop.

A grower or producer must harvest a crop in a timely manner after the collection of

such a sample and within the period of time prescribed in the regulations promulgated

by the Secretary of Agriculture of the United States pursuant to 7 U.S.C. § 1639r . A grower or producer who does not harvest a crop within that period of time shall

not harvest the crop before the Department has collected a new sample of the crop. 3. The Department or a cannabis independent testing laboratory approved by the Department

shall test each sample collected pursuant to subsection 2 to determine whether the

crop has a THC concentration that exceeds the maximum THC concentration established

by the Department 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 cannabis independent testing laboratory provide the results

of the testing directly to the Department in a manner prescribed by the Department. 4. When the Department has obtained the results of the testing required by subsection

3, the Department shall issue to the grower or producer of the crop a report of the

results of the testing which must include, without limitation, the THC concentration

of the crop. 5. A crop which is harvested before a sample has been collected by the Department

pursuant to subsection 2 shall be deemed to have failed the testing required by subsection

3 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 a sample has been collected by the Department pursuant to subsection

2. 6. Except as otherwise provided in subsection 5 and by federal law, a grower or producer

whose crop fails a test prescribed by the Department pursuant to this section may

request that the Department collect a new sample of that same crop for retesting. The Department shall adopt regulations establishing protocols and procedures for

such retesting. 7. As used in this section, “ cannabis independent testing laboratory ” has the meaning ascribed to it in NRS 678A.115 .