[Effective 7/1/2024]

(a) Testing of products and substances must be conducted as follows:

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Terms Used In Tennessee Code 43-27-207

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Batch: means a single stock keeping unit with common cannabinoid input or a hemp flower of the same varietal and harvested on the same date and manufactured during a defined cycle in such a way that it could be expected to be of a uniform character and should be designated as such. See Tennessee Code 43-27-202
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of agriculture. See Tennessee Code 43-27-101
  • Retailer: means a person or entity that sells products containing a hemp-derived cannabinoid for consumption and not for resale. See Tennessee Code 43-27-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Supplier: means a person or entity that manufactures hemp-derived cannabinoids or sells products containing hemp-derived cannabinoids to retailers. See Tennessee Code 43-27-202
  • THC: means delta-9 tetrahydrocannabinol. See Tennessee Code 43-27-101
(1) Full-panel testing on all active cannabinoid molecules must be conducted prior to final production of products containing a hemp-derived cannabinoid; and
(2) A potency test must be conducted on finished goods to confirm potency is consistent with stated potency on the packaging.
(b)

(1) A supplier or retailer must contract with a third-party laboratory to provide the testing required by subsection (a).
(2) The department of agriculture is authorized to promulgate rules specifying which types of tests may be used to satisfy the requirements of subsection (a) and the qualifications for laboratories from which the department will accept test results.
(c) Each batch manufactured must undergo testing and obtain a certificate of analysis by a third-party laboratory qualified under subsection (b).
(d) The department of agriculture shall:

(1) Promulgate rules specifying pass/fail action levels for safety and toxicity with respect to the testing required by subsection (a);
(2) Maintain and post on its website a registry of testing laboratories that are qualified to test intermediate manufactured material and finished products containing a hemp-derived cannabinoid;
(3) Develop an application and process by which qualifying laboratories are listed on its website. The application submitted by a potentially qualifying laboratory must include a sample certificate of analysis issued by the applying laboratory; and
(4) Sample and analyze products containing a hemp-derived cannabinoid produced, distributed, or offered for sale in this state for cannabinoid concentrations, tested according to protocols prescribed by rule under this part. Departmental testing methods must employ liquid chromatography tandem mass spectrometry, in a manner similarly reliable to post-decarboxylation, to determine a cannabinoid profile of samples tested, including their THC concentrations.
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