- The Final Rule still insists that only DEA-certified laboratories test material, but it delays enforcement of this provision until 12/31/22.
- The negligence standard has been increased from 0.5% THC to 1.0% THC, a helpful development to protect farmers’ economic interests.
- The sampling window has been extended from 15 to 30 days of anticipated harvest, a welcome relief to help avoid bottlenecking in testing procedures.
- The Final Rule continues to require pre-harvest samples to be taken from the flower material – not the whole plant as many requested — but it provides some relief by requiring the samples to be taken from 5 to 8 inches from the main stem, terminal bud, or central cola of the flowering top.
- The USDA retains its requirement for testing total THC, instead of limiting the testing to delta-9 THC as requested by some in the industry.
- The more flexible disposal options that the USDA proposed last year – including on-farm or at-production disposal flexibility – have been made permanent.
