DAR File No. 39148
This rule was published in the March 15, 2015, issue (Vol. 2015, No. 6) of the Utah State Bulletin.
Agriculture and Food, Plant Industry
Industrial Hemp Research
Notice of Proposed Rule
DAR File No.: 39148
Filed: 02/18/2015 04:04:13 PM
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.
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.
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
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 email@example.com
- Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org
- Robert Hougaard at the above address, by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at email@example.com
- Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
LuAnn Adams, Commissioner
R68. Agriculture and Food, Plant Industry.
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150315.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Clark Burgess at the above address, by phone at 801-538-7188, by FAX at 801-538-7189, or by Internet E-mail at email@example.com; Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org; Robert Hougaard at the above address, by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at email@example.com; Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.