DRUGS MISUSE REGULATION 1987 - REG 11 Planting seed—Act, s 46, def planting seed

DRUGS MISUSE REGULATION 1987 - REG 11

11 Planting seed—Act, s 46, def planting seed

(1) This section states, for section 46 of the Act , definition
"planting seed" , when cannabis seed is taken to have been harvested from a cannabis plant (a
"0.5% THC plant" ) with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%.

(2) Cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if—

(a) both of the following apply—

(i) an authorised person, at the request of the licensee or on the authorised person’s own initiative, arranges for the THC concentration of a representative sample for the seed to be analysed;

(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

(b) the seed is labelled with the required particulars.

Note—

See section 27C for additional labelling requirements.

(3) Also, cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if—

(a) both of the following apply—

(i) an authorised person, at the request of the licensee or on the authorised person’s own initiative, authorises another person in writing to arrange for the THC concentration of a representative sample for the seed to be analysed in a NATA accredited laboratory;

(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

(b) the seed is labelled with the required particulars.

Note—

See section 27C for additional labelling requirements.

(4) Cannabis seed originating in another State, or another country, is taken to have been harvested from a 0.5% THC plant if the recipient licensee—

(a) takes reasonable steps to confirm that—

(i) a representative sample for the seed has undergone an analysis that is substantially equivalent to an analysis mentioned in subsection (3) (a) (i) ; and

(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

(b) labels the cannabis seed with the required particulars.

Note—

See section 27C for additional labelling requirements.

(5) In this section—


"authorised person" means—

(a) an inspector; or

(b) another person authorised by the chief executive for the purpose of this section.

"representative sample" , for cannabis seed, means a representative sample of cannabis leaves and flowering heads taken from the crop from which the seed was harvested.