4-41-103.4.  Industrial hemp laboratory permit.

(1)  The department or a laboratory permittee of the department may test industrial hemp and cannabinoid products.

Terms Used In Utah Code 4-41-103.4

  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
  • Industrial hemp laboratory permit: means a permit that the department issues to a laboratory qualified to test industrial hemp. See Utah Code 4-41-102
  • Laboratory permittee: means a person possessing an industrial hemp laboratory permit that the department issues under this chapter. See Utah Code 4-41-102
  • Non-compliant material: means :
(a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0. See Utah Code 4-41-102
  • Permittee: means a person possessing a permit that the department issues under this chapter. See Utah Code 4-41-102
  • THC: means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3. See Utah Code 4-41-102
    • (2)  The department or a laboratory permittee of the department may dispose of non-compliant material.

    (3)  A laboratory seeking an industrial hemp laboratory permit shall:

    (a)  demonstrate to the department that:

    (i)  the laboratory and laboratory staff possess the professional certifications required by department rule;

    (ii)  the laboratory has the ability to test industrial hemp and industrial hemp products using the standards, methods, practices, and procedures required by department rule;

    (iii)  the laboratory has the ability to meet the department’s minimum standards of performance for detecting concentration levels of THC and any cannabinoid known to be present; and

    (iv)  the laboratory has a plan that complies with the department’s rule for the safe disposal of non-compliant material; and

    (b)  provide to the department written consent allowing a representative of the department and local law enforcement to enter all premises where the laboratory tests, processes, or stores industrial hemp, industrial hemp products, and non-compliant plants for the purpose of:

    (i)  conducting a physical inspection; or

    (ii)  ensuring compliance with the requirements of this chapter.

    (4)  An individual who has been convicted of a drug-related felony within the last 10 years is not eligible to obtain a license under this chapter.

    (5)  The department may set a fee in accordance with Subsection 4-2-103(2) for the application for an industrial hemp laboratory permit.

    Amended by Chapter 146, 2023 General Session

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