Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R68. Agriculture and Food, Plant Industry.

Rule R68-22. Industrial Hemp Research.

As in effect on October 1, 2019

Table of Contents

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

April 22, 2015

Authorizing, Implemented, or Interpreted Law

4-41


Additional Information

Contact

For questions regarding the content or application of rules under Title R68, please contact the promulgating agency (Agriculture and Food, Plant Industry). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.