Kansas Administrative Regulations
Agency 4 - DEPARTMENT OF AGRICULTURE
Article 34 - INDUSTRIAL HEMP
Section 4-34-18 - Pre-harvest inspection; sample collection; testing and post-testing actions
Current through Register Vol. 43, No. 52, December 26, 2024
(a) A licensee, whether present or not, shall permit representatives of the department complete, unrestricted, and immediate access to all industrial hemp plants, plant parts, grain, and seeds and all locations, buildings, and motor vehicles listed on the license. Access shall be granted at reasonable times, without interference or obstruction, with or without cause, and with or without advance notice.
(b) Any primary licensee may request collection of a sample from each research area listed on the license. Each sample collected shall be subject to the sampling and testing fees required by K.A.R. 4-34-12.
(c) Based on the results of the testing, one of the following shall apply:
(d) Destruction of industrial hemp plants, plant parts, grain, or seeds shall occur by a licensee listed on the primary licensee's research license application and at the primary licensee's expense. All volunteer plants shall be destroyed during the current license year and for at least three years after the last reported date of planting. Each licensee shall allow representatives of the department or law enforcement to be present during the destruction of industrial hemp plants, plant parts, grain, or seeds, or proof of destruction may be required by the department. If the destruction of industrial hemp plants, plant parts, grain, or seeds is required, the primary licensee shall not be eligible for a refund of any fees paid.
(e) All samples collected by the department shall become the property of the department, and no compensation shall be owed to the licensee.