DAR File No. 39148

Agriculture and Food, Plant Industry

Rule R68-22

Industrial Hemp Research

Notice of Proposed Rule

(New Rule)

DAR File No.: 39148
Filed: 02/18/2015 04:04:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Industrial Hemp Research Act (Title 4, Chapter 41) authorizes the Department of Agriculture and Food to make rules regulating the growth of industrial hemp by universities. This rule establishes the criteria for a certificate to grow and sets up standards for testing and maintaining their certificate.

Summary of the rule or change:

The rule establishes the criteria certifications, terms for maintenance of the certificate, and the terms of renewal of the certificate. It also requires testing and who will conduct the tests.

State statutory or constitutional authorization for this rule:

• Title 4, Chapter 41

Anticipated cost or savings to:

the state budget:

There will be a cost for the Department of Agriculture and Food to administer the program. There is cost associated with reviewing the applications, monitoring during production, taking samples, analyzing samples, and ensuring proper disposal.

local governments:

There will be no cost to local government associated with this rule. The costs will be placed on higher education institutions who want to conduct academic or agricultural research.

small businesses:

There will be no cost to small businesses. Under the current law and proposed rule, small businesses are not allowed to participate in the growing of industrial hemp.

persons other than small businesses, businesses, or local governmental entities:

The only cost associated with this rule will be placed on the Department or the institutes of higher learning who elect to participate in the agricultural research program.

Compliance costs for affected persons:

Currently there are no compliance costs for individuals affected by the rule as no fees are built into the fee schedule. In the future, there maybe costs for the Department to conduct inspections and analysis at the chemistry lab.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Department anticipates no fiscal impact to small businesses, local governments, or individuals from implementation of this rule. The costs will be to higher education institutions who participate. The rule is to comply with H.B. 103 that was passed in the 2014 General Session.

LuAnn Adams, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Clark Burgess at the above address, by phone at 801-538-7188, by FAX at 801-538-7189, or by Internet E-mail at cburgess@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Robert Hougaard at the above address, by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2015

This rule may become effective on:

04/21/2015

Authorized by:

LuAnn Adams, Commissioner

R68. Agriculture and Food, Plant Industry.

R68-22. Industrial Hemp Research.

R68-22-1. Authority and Purpose.

Pursuant to Section 4-41-103, this rule establishes the standards, practices, and procedures of the Industrial Hemp Certificate.

 

R68-22-2. Definitions.

(1) "Academic Research": means growth of industrial hemp for the purpose of discovering and enabling development of useful processes, information, and products.

(2) "Agricultural Research": means growth of industrial hemp for seed stock from parent material intended for varietal development, phytoremediation, and agronomic practices.

(3) "Applicant(s)": means a person, or group of persons from a higher education institution who apply for an Industrial Hemp Certificate from the Utah Department of Agriculture and Food.

(4) "Department": means the Utah Department of Agriculture and Food

(5) "Growing Area": means the area on which the hemp is grown, inside or outside.

(6) "Industrial Hemp": means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(7) "Industrial Hemp Certificate": means a certificate issued by the department to a higher education institution granting authorization to grow and/or cultivate industrial hemp for research purposes.

(8) "Research Plan": means a plan stating the objective(s) and purpose(s) of the research being proposed, methods and procedures for carrying out the research, the name(s) and telephone number(s) for the faculty adviser(s), the institution's name and address, and the names of all applicant(s) involved in the project.

(9) "Security Plan": means a plan to control and limit unauthorized access to industrial hemp, whether in seed, plant, or harvested form, and methods used to prevent the inadvertent dissemination of industrial hemp.

 

R68-22-3. Application for Industrial Hemp Certificate.

(1) Applicant(s) seeking certification shall submit the following to the Department:

a. A research plan,

b. A description of the industrial hemp varieties to be planted on the growing area(s),

c. The legal description of the growing area(s),

d. Physical address,

e. The global positioning coordinates for the center of the outdoor growing area(s),

f. Maps of the growing area showing the boundaries and dimensions of the growing area(s) in acres or square feet, and the location of the different varieties within the growing area(s), and

g. a security plan.

(2) Applicant(s) acknowledge and agree to the following:

a. Applicant(s) will comply with all the terms and conditions of certificate, state, and federal laws, and

b. Applicant(s) will allow department officials on the growing area(s) during normal business hours.

 

R68-22-4. Terms of the Certificate.

(1) The term of the Certificate is one calendar year beginning in January and ending in December. A person seeking more than one year shall reapply for certification each year.

(2) Prior to each planting, applicant(s) shall provide the department with a statement verifying:

a. That the type and varieties to be planted in the growing area(s),

b. The location of all growing area(s), and

c. The amount to be planted in each location.

(3) 7 days prior to harvest, applicant(s) shall provide the department with a statement of the intended disposition of the crop.

(4) Applicant(s) shall take all necessary measure to avoid the inadvertent dissemination of industrial hemp.

 

R68-22-5. Inspection and Revocation of Certification.

(1) Growing area(s) are subject to random sampling to verify the THC concentration does not exceed 0.3% on a dry weight basis by department officials.

(2) Department shall have complete and unrestricted access to all industrial hemp plants and seeds whether growing or harvested, all land, buildings and other structures used for the cultivation and storage of industrial hemp, during normal business hours.

(3) Samples of each variety of industrial hemp may be sampled from each growing area(s) at the department's discretion.

(4) The department will conduct the laboratory testing on the samples to determine the THC concentration on a dry weight basis.

(5) The department shall test each of the growing area(s) two weeks prior to harvest.

a. The Applicant shall notify the department at least 3 weeks prior to harvest.

(6) Any laboratory test result of greater than 0.3% may be considered a violation of the terms of the certificate. Upon receipt of such a test the department may revoke the certificate.

(7) Upon a test result of greater than 0.3% the department shall:

a. Notify the faculty advisor of all test results,

b. Allow for additional testing to be done at the request of the faculty advisor,

i. Faculty advisor shall notify the department, in writing, within ten days if they are seeking additional testing,

c. Supervise the destruction of the industrial hemp crop, and

d. Send notification of revocation to the faculty advisor within 30 days if a determination is reached to suspend the certificate.

(8) Any laboratory test with a result of 1.0% or greater will be turned over to the appropriate law enforcement agency and revocation of the certificate will be immediate, unless:

a. applicant(s) declared in the research plan the possibility of exceeding 1% THC level,

b. an explanation for why the THC level may exceed 0.3%, and

c. additional measures that may need to be taken to control access to the Industrial Hemp.

 

R68-22-6. Renewal.

(1) Certification shall be renewed on a year to year basis.

(2) Applicant(s) seeking renewal of the Industrial Hemp Certification shall resubmit all documents required for certification, with any updated information, 30 days prior to the expiration of the current year certificate.

 

KEY: hemp, research

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 4-41