Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5E - Division of Agricultural Environmental Services
Chapter 5E-4 - SEED: GENERALLY
Section 5E-4.016 - Hemp Seed and Cultivars
Universal Citation: FL Admin Code R 5E-4.016
Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. The definitions provided in Sections 578.011, 581.217, F.S., and the following shall apply to Section 581.217, F.S., and this rule:
(a) "Certified hemp seed" means a class of
hemp seed which is the progeny of breeder, foundation, or registered hemp seed
certified by a certifying agency.
(b) "Pilot project hemp cultivar" is a clone
or propagule of hemp approved by an institution or university conducting an
industrial hemp pilot project pursuant to Section
1004.4473, F.S.
(c) "Pilot project hemp seed" is hemp seed
approved by an institution or university conducting an industrial hemp pilot
project pursuant to Section
1004.4473, F.S.
(d) "Total delta-9-tetrahydrocannabinol
concentration" means [delta-9-tetrahydrocannabinol] + (0.877 x
[tetrahydrocannabinolic acid)].
(2) Pilot project hemp cultivars.
(a) An institution or university conducting
an industrial hemp pilot project pursuant to Section
1004.4473, F.S., may approve
pilot project hemp cultivars by complying with the following:
1. Obtain a sample of the hemp cultivar and
documentation evidencing the identity and origin of the hemp cultivar to be
approved; and
2. Following at least
one growth cycle of a minimum of twelve (12) weeks, harvest all viable plants
from the sample hemp cultivars, and perform testing on a representative sample
to ensure the total delta-9-tetrahydrocannabinol concentration does not exceed
0.3 percent on a dry-weight basis. If the total delta-9-tetrahydrocannabinol
concentration of the representative sample does not exceed 0.3 percent on a
dry-weight basis, it may be approved by the institution or university.
Collection of the representative sample must be done in accordance with the
Hemp Field Sampling Manual, FDACS-08119, 12/19, incorporated herein by
reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11493.
The Hemp Sample Submission Form FDACS-08113 rev. 12/19 is incorporated herein
by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11492;
and
3. Maintain records of all
pilot project hemp cultivars approved by the institution or university for a
minimum of two years.
(b)
Approved pilot project hemp cultivars must be labeled as "Pilot Project Hemp
Cultivar" and clearly identify the university or institution that granted the
approval.
(3) Pilot project hemp seed.
(a) An institution or
university conducting an industrial hemp pilot project pursuant to Section
1004.4473, F.S., shall follow
all requirements found in Chapter 578, F.S., and rule Chapter 5E-4, F.A.C.,
when approving pilot project hemp seed.
(b) An institution or university conducting
an industrial hemp pilot project pursuant to Section
1004.4473, F.S., may approve
pilot project hemp seed by complying with the following:
1. Obtain a sample of the hemp seed and
documentation evidencing the identity and origin of the hemp seed to be
approved; and
2. Perform testing to
determine purity, germination, and noxious weed seed content as set forth in
Rules 5E-4.003 and
5E-4.006, F.A.C. The manner of
sampling, laboratory testing, and the tolerances to be applied to the results
shall be the same as that set forth in the "2019 AOSA Rules for Testing Seed"
published by The Association of Official Seed Analysts which is hereby
incorporated by reference. Copies may be obtained from AOSA, 653 Constitution
Avenue N.E., Washington, DC 20002, USA or
https://www.analyzeseeds.com/publications/,
and are also available for public inspection during regular business hours at
the Florida Administrative Code and Register, R.A. Gray Building, 500 South
Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of
Agriculture and Consumer Services, Division of Agricultural Environmental
Services, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of the
after mentioned materials on the internet for purposes of public examination
would violate federal copyright law; and
3. Following at least one growth cycle of a
minimum of twelve (12) weeks, harvest all viable plants from the sample hemp
seed, and perform testing on a representative sample of the plants to ensure
the total delta-9-tetrahydrocannabinol concentration does not exceed 0.3
percent on a dry-weight basis. If the total delta-9-tetrahydrocannabinol
concentration of the representative sample does not exceed 0.3 percent on a
dry-weight basis, it may be approved by the institution or university.
Collection of the representative sample must be done in accordance with the
Hemp Field Sampling Manual, FDACS-08119, 12/19; and
4. Maintain records of all pilot project hemp
seed approved by the institution or university pursuant to Section
578.23, F.S.
(c) Approved pilot project hemp seed must be
labeled according to Rule
5E-4.002, F.A.C., include the
statement "Pilot Project Hemp Seed" and clearly identify the university or
institution that granted the approval.
Rulemaking Authority 570.07(23), 578.11(2), 581.217(12) FS. Law Implemented 578.011(8), 578.23, 581.217(6), 581.217(12) FS.
New 1-28-20.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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