2018 South Carolina Code of Laws
Title 46 - Agriculture
CHAPTER 55 - INDUSTRIAL HEMP CULTIVATION
Section 46-55-40. Laboratory testing of industrial hemp.
(A) For purposes of this section:
(1) "Independent testing laboratory" means any facility, entity, or site that offers or performs tests of industrial hemp or industrial hemp-based products that has been accredited by an independent accreditation body.
(2) "Accreditation body" means an impartial organization that provides accreditation to ISO/IEC 17025 requirements and is a signatory to the International Laboratory Accreditation Corporation Mutual Recognition Arrangement for Testing.
(3) "Scope of accreditation" means a document issued by the accreditation body which describes the methodologies, range, and parameters for testing for which the accreditation has been granted.
(B) Independent testing laboratories may test industrial hemp and industrial hemp products produced or processed by a grower or processor.
(C) All testing performed to meet regulatory requirements shall be included in an independent testing laboratory's scope of accreditation.
(D) An independent testing laboratory shall demonstrate the ability to accurately quantitate individual cannabinoids in both their acidic and neutral forms down to 0.05 percent by weight, including, but not limited to, delta-9 THC, delta-9 THCA, cannabidiol (CBD), and CBDA.
(E) Testing is required by an International Organization for Standardization (ISO) Certified Laboratory Facility as approved by an accredited body. The test results must be retained by the grower or processor for at least three years and be made readily available to any state law enforcement agency upon request. Any industrial hemp sample testing at one percent or above delta-9 tetrahydrocannabinol shall be destroyed in a controlled environment with law enforcement present.
(F) Registered growers shall have a minimum of four random samples per grow tested for delta-9 tetrahydrocannabinol concentrations not more than thirty days prior to harvest. If the grower has planted different varieties, at least one sample from each variety must be tested for delta-9 tetrahydrocannabinol concentrations.
(G) Industrial hemp or industrial hemp products, intended by a processor for sale for human consumption, shall be tested by an independent testing laboratory to confirm that products are fit for human consumption and meet United States Food Industry standards for food products. Testing shall confirm safe levels of potential contaminants, including, but not limited to, pesticides, heavy metals, residual solvents, and microbiological contaminants.
(H) All test results and corresponding product batch numbers shall be retained by the registered processor for at least three years.
HISTORY: 2017 Act No. 37 (H.3559), Section 1, eff May 10, 2017.
Editor's Note
Prior Laws: Former Section 46-55-40 was titled Unlawful conduct relating to marijuana on property used for industrial hemp production; penalties, and had the following history: 2014 Act No. 216 (S.839), Section 2, eff June 2, 2014. See now, Code 1976 Section 46-55-60.
