North Dakota Department of Agriculture Reduces Hemp COA Validity Period from 12 Months to 6 Months for Consumable Products (April 2025)

North Dakota Hemp Regulatory Framework

North Dakota's Industrial Hemp Agricultural Pilot Program (NDCC § 4.1-18.1) authorizes the production and sale of hemp and hemp-derived consumable products. Prior to this amendment, COAs for consumable hemp products were valid for 12 months from the date of laboratory analysis.

Rationale for Amendment

In its rulemaking notice (ND Admin Code § 7-15-02.1, amendment effective April 1, 2025), the Department cited:

1. Cannabinoid degradation: Research submitted during the comment period demonstrated measurable degradation of CBD, CBG, and other cannabinoids in consumable products stored at room temperature over periods exceeding 6 months, resulting in potency variance from labeled amounts.
2. Supply chain COA misuse: Department investigators found that suppliers were providing retailers with COAs from initial batch testing that were 10-18 months old, with no evidence that shelf stock matched the original tested batch.
3. Alignment with peer states: Iowa (2024), Wisconsin (2023), and Minnesota (2024) had adopted 6-month COA validity periods; North Dakota sought regulatory harmonization.

Amended Rule Summary

NDAC § 7-15-02.1(4) as amended:

A consumable hemp product may not be offered for sale if the Certificate of Analysis for the product's batch was issued more than six (6) months prior to the date of sale.

Phase-In

• Products with COAs issued before October 1, 2024 may be sold through September 30, 2025 (allowing existing inventory to clear)
• From October 1, 2025 forward, the 6-month rule applies to all sales

Impact on Retailers and Wholesalers

North Dakota hemp retailers sourcing from out-of-state suppliers should require updated COAs at the time of purchase order, not simply at first receipt. Suppliers who cannot provide COAs within the 6-month window should be replaced.