Current through Register Vol. 43, No. 52, December 26, 2024
(a) In addition to the requirements of K.A.R.
4-34-5, each individual who is issued a research processor license by the
department shall meet the following requirements:
(1) Obtain industrial hemp plants, plant
parts, or grain from a licensed research grower or licensed research
distributor or from legally imported sources of industrial hemp;
(2) devitalize any industrial hemp grain
within 10 days of receipt and take appropriate security measures to ensure that
the industrial hemp grain cannot be stolen before it is devitalized;
(3) obtain and retain a copy of the following
documents, if applicable:
(A) The research
grower license of the primary licensee that cultivated, planted, grew, handled,
harvested, conditioned, stored, distributed, or transported the industrial hemp
plants, plant parts, or grain being received;
(B) the research distributor license of the
primary licensee that handled, conditioned, stored, distributed, or transported
the industrial hemp plants, plant parts, or grain being received; and
(C) the harvest certificate pertaining to the
industrial hemp plants, plant parts, or grain being received by the licensee or
a bill of lading or other documentation identifying the source of the
industrial hemp plants, plant parts, or grain being received; and
(4) ensure that a copy of the
harvest certificate pertaining to the industrial hemp plants, plant parts, or
grain that was harvested or a bill of lading or other documentation identifying
the source of the industrial hemp plants, plant parts, or grain accompanies the
industrial hemp plants, plant parts, or grain being processed.
(b) Any licensed research
processor may handle, store, or process industrial hemp plants, plant parts, or
grain pursuant to the license issued by the department. A licensed research
processor shall not handle, store, or process seeds.
(c)
(1) The
primary licensee on a research processor license who processes industrial hemp
plants, plant parts, or grain into hemp products in a mobile processing
facility shall meet the following requirements:
(A) Notify the department of the mobile
processing facility's planned processing locations no more than five days in
advance of the first day of processing in each location. The primary licensee
shall immediately notify the department of any changes to a submitted schedule;
and
(B) at all times, operate in
compliance with all state, county, and local laws, regulations, and
ordinances.
(2) The
primary licensee shall be present at each mobile processing facility's planned
processing locations at all times while each mobile processing facility is
operating.
(d) A licensed
research processor shall not cultivate, plant, grow, harvest, condition,
distribute, or transport industrial hemp plants, plant parts, grain, or seeds
cultivated, planted, or grown by another licensee without first obtaining any
required license issued by the department.
(e) A licensed research processor that
processes industrial hemp plants, plant parts, or grain that were obtained from
outside Kansas shall maintain a bill of lading or other documentation
demonstrating that the industrial hemp plants, plant parts, or grain was
legally imported into Kansas.
(f)
Possession of a current research processor license shall not guarantee a
licensee access to the premises of any private landowner. Permission for a
licensee to enter the premises of any landowner shall be established
contractually or otherwise by agreement of the licensee and the
landowner.