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

Nevada § 557.270

• Jurisdiction: Nevada
• Title 49: AGRICULTURE
• Ch. 557: Hemp

Text

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 .

Legislative History

(Added to NRS by 2017, 1347 ; A 2019, 2353 , 2587 , 3883 ; 2021, 706 )