Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 217B, 260.850-260.869;
7 U.S.C.
1639p,
7
C.F.R. Part 990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
260.862(1) authorizes the
department to promulgate administrative regulations for a Hemp Licensing
Program in the Commonwealth of Kentucky.
KRS
260.862(1)(a) authorizes the
department to license persons who wish to participate in a Hemp Licensing
Program by cultivating, handling, processing, or marketing hemp. This
administrative regulation establishes departmental reporting and
record-retention duties.
Section 1.
Definitions.
(1) "Department" or "KDA" is
defined by
KRS
260.850(3).
(2) "GPS" means Global Positioning
System.
(3) "Hemp" or "industrial
hemp" is defined by
KRS
260.850(5).
(4) "Location ID" means the unique identifier
established by the applicant for each unique set of GPS coordinates where hemp
will be grown, handled, stored, or processed, which can include a field name or
building name.
Section
2. Record keeping requirements; three (3) year retention period.
For at least three (3) years, license holders shall retain and make available
for inspection by the department (or USDA inspectors, auditors, or their
representatives) during reasonable business hours:
(1) Records regarding acquisition of hemp
plants;
(2) Records regarding
production and handling of hemp plants;
(3) Records regarding storage of hemp plants;
and
(4) Records regarding disposal
of all cannabis plants that do not meet the definition of hemp.
Section 3. Monthly Producer
Reports.
(1) On or before the first day of
each month, the department shall submit a Monthly Producer Report to USDA
providing the contact information, and current status, of each license that has
been issued by the department. If the first day of the month falls on a weekend
or a holiday, then the department shall submit its Monthly Producer Report on
or before the first business day following the first day of the month. The
department shall submit its Monthly Producer Report in a digital format that is
compatible with USDA's information sharing system.
(2) The department's Monthly Producer Reports
shall include the following information:
(a)
For each new grower who is an individual, the Monthly Producer Report shall
include:
1. The full name of the
individual;
2. The license
number;
3. The business
address;
4. The legal description
(GPS location) of the land where hemp is produced;
5. The telephone number;
6. The email address (if
available);
7. The status of each
grower's license;
8. The period
covered by the report; and
9. An
indication that there were no changes during the current reporting cycle, if
applicable.
(b) For each
new grower that is an entity, the Monthly Producer Report shall include:
1. The full name of the entity;
2. The license number;
3. The principal business location
address;
4. The legal description
(GPS location) of the land where hemp is produced;
5. The full name, title, and email address
(if available) for each employee for whom the entity is required to submit a
criminal history record report;
6.
The status of each grower's license;
7. The period covered by the report;
and
8. An indication that there
were no changes during the current reporting cycle, if applicable.
(c) For each grower that was
included in a previous report, and whose reported information has changed, the
Monthly Producer Report shall include:
1. The
previously reported information;
2.
The new information; and
3.
a. The status of each grower's
license;
b. The period covered by
the report; and
c. An indication
that there were no changes during the current reporting cycle, if
applicable.
Section 4. Monthly Disposal Reports.
(1) On or before the first day of each month,
the department shall submit a Monthly Disposal Report to USDA providing notice
to USDA of any occurrence of non-conforming plants or plant material. If the
first day of the month falls on a weekend or a holiday, then the department
shall submit its Monthly Disposal Report on or before the first business day
following the first day of the month. The department shall submit its Monthly
Disposal Report in a digital format that is compatible with USDA's information
sharing system.
(2) The
department's Monthly Disposal Reports shall include:
(a) Grower's name, address, and license
number;
(b) Location ID, GPS
coordinates, and USDA FSA lot description (farm number, tract number, field
number, and sub-field number) for the lot that was subject to
disposal;
(c) Date of the
disposal;
(d) Name of the KDA
employee who supervised the disposal; and
(e) Total acreage.
Section 5. Annual Reports.
(1) On or before December 15 of each year,
the department shall submit an Annual Report to USDA. The department shall
submit its Annual Report in a digital format that is compatible with USDA's
information sharing system.
(2) The
department's Annual Reports shall include the following information for each
licensee and address:
(a) Total acreage
planted;
(b) Total acreage disposed
or remediated; and
(c) Total
harvested acreage.
Section
6. Laboratory Test Results Reports.
(1) The department shall ensure that the
designated testing laboratory's Laboratory Test Results Reports are submitted
to USDA in a digital format that is compatible with USDA's information sharing
system.
(2) The Laboratory Test
Results Reports shall include the following information:
(a) The grower's license number, name, and
business address;
(b) The Location
ID and USDA FSA lot number (farm number, tract number, field number, and
sub-field number) for the lot from which the sample was collected;
(c) The laboratory's name and DEA
registration number;
(d) The date
of the test and date of the report;
(e) Whether the test was a retest;
and
(f) The test result for total
delta-9-THC on a dry weight basis.
STATUTORY AUTHORITY:
KRS
260.862;
7 U.S.C.
1639p