Aug. 8, 2022. Reno/Sparks, Nev. – The Nevada Department of Health and Human Services is putting forth proposed changes (LCB File No. R035.22) to Nevada Administrative Code (NAC) Chapter 439. The change is a result of Senate Bill 114 (2021) and SB204 (2019) sessions of the Nevada Legislature.

R035-22 seeks to make the following amendments to NAC 439:

• Unless otherwise required by federal law or regulation, a person shall not sell or offer for sale a hemp product that is processed in the state of Nevada unless that product:
• Is an “approved hemp component” by the United States Food and Drug Administration (FDA) and has been determined to be safe or generally recognized as safe for use an ingredient for use in food intended for human consumption;
• Has been tested by an independent testing laboratory;
• Is processed in accordance with all applicable federal and state laws and regulations; and
• Is labeled in accordance with all federal and state laws and regulations.
• The hemp product will be deemed adulterated if:
• The THC concentration of the hemp product exceeds the maximum THC concentration established by federal law for hemp;
• Levels of pesticides in the hemp product exceed what is specified by the State Department of Agriculture or Environmental Protection Agency;
• An unlisted or unapproved pesticide is present in the hemp product;
• The hemp product meets any other condition prescribed by federal or state law or regulations for being adulterated.
• Hemp products processed, sold, or offered for sale in Nevada must be tested by an independent testing laboratory certified by the Cannabis Compliance Board in the same way marijuana products are required to be tested. Testing must include analysis of:
• The THC content of the hemp product; and
• The content of any other cannabinoid or terpenoid.
• The processor of a hemp product must:
• Keep the final certificate of analysis of the hemp product for at least 2 years after the product is sold; and
• Provide the certificate of analysis to the State upon request.

The Small-Business Impact Survey seeks to gauge how the changes in the Nevada Administrative Code presented in the proposed changes will affect businesses with fewer than 150 employees.

• Visit the Environmental Health Section “Trending Topics” page to review the text of the regulations. See the section titled, “Proposed Changes to Nevada Administrative Code Chapter 439: Hemp Products Intended for Human Consumption (R035-22)
• Click here to respond to the Small-Business Impact Survey. Responses are required on or before September 1, 2022.

For questions, send an email to thayes@health.nv.gov or call (775) 684-5280.