Current through Vol. 42, No. 1, September 16, 2024
(a) Any person,
eighteen (18) years of age or older, or business entity may participate in in
the Oklahoma Industrial Hemp Program by filing an application with the
Department for a license:
(1) Not less than
thirty (30) days prior to the planting, cultivation, handling, or processing of
any industrial hemp crop; or
(2) No
later than December 1 if a subsequent license is required to harvest industrial
hemp crops planted before December 31 but scheduled for harvest after December
31.
(b) An applicant
shall submit a separate application, pay separate application and inspection
fees, and obtain a separate license for each cultivation site.
(c) The application shall be on a form
provided by the Department and shall, at a minimum, contain the following
information:
(1) The name and address of the
applicant;
(2) EIN number, if the
applicant is a business entity, along with names and email addresses of key
participants;
(3) The contact
information, including but not limited to, names, phone numbers, and email
addresses, for any officials or employees responsible for oversight of the
Oklahoma Industrial Hemp Program and communications with the Department
relating to the cultivation of industrial hemp;
(4) If the applicant intends to utilize
subcontractors, the correct legal name of the subcontractors along with all
aliases or trade names of the subcontractors;
(5) If the applicant intends to utilize
subcontractors, the address for the subcontractors' primary business locations
and any satellite business offices located in Oklahoma;
(6) If the applicant intends to utilize
subcontractors, the contact information, including but not limited to, names,
phone numbers, and email addresses, for any officials or employees of the
subcontractor responsible for oversight of the Oklahoma Industrial Hemp Program
and communications with the Department relating to the cultivation of
industrial hemp;
(7) Proof of
ownership for the cultivation site and the following information if the
cultivation site is not wholly owned by the applicant:
(A) The name, address, and contact
information for all persons or entities having any ownership interest in the
cultivation site;
(B) An original
signed, dated, and notarized letter of acknowledgement from each person having
any ownership interest in the cultivation site indicating approval for the
cultivation of industrial hemp at the cultivation site; and
(C) If applicable, a copy of the property
lease for the entire duration of the license;
(8) If the application identifies a
contiguous field as the cultivation site:
(A)
A legal description (Section, Township, Range) of the contiguous
field;
(B) The global positioning
location coordinates at the approximate center of the contiguous field;
and
(C) An annotated map or aerial
photograph with sufficient detail and clarity to define the boundaries and
dimensions of the contiguous field in acres, and, if applicable, the locations,
boundaries, and dimensions of different growing areas within the contiguous
field along with a description of the variety of industrial hemp corresponding
to each growing area;
(9) If the application identifies a building
as the cultivation site:
(A) The physical
address of the building;
(B) The
global positioning location coordinates of the building; and
(C) An annotated map or blueprint with
sufficient detail and clarity to show the boundaries and dimensions of the
building and growing area in square feet, and, if applicable, the locations,
boundaries, and dimensions of different growing areas within the building along
with a description of the variety of industrial hemp corresponding to each
growing area;
(10) A
description of any areas used to store or process plants or plant parts,
including but not limited to:
(A) The physical
address or location of any storage areas or processing areas;
(B) The global positioning location
coordinates of any storage areas or processing areas; and
(C) An annotated map or blueprint with
sufficient detail and clarity to show the location, boundaries and dimensions
of any storage areas or processing areas in square feet;
(11) A schedule identifying the intended
dates of planting and intended dates of harvesting any industrial hemp crop or
crops;
(12) A statement of intended
use and disposition for the industrial hemp harvested from the cultivation site
or any plant parts thereof;
(13) A
notarized and sworn statement from an official or employee of the applicant and
from an official or employee of any associated subcontractor that only
industrial hemp seed will be planted at the cultivation site; and
(14) Acknowledgement and agreement with the
following terms and conditions:
(A) Any
information provided by the applicant or subcontractors shall be subject to
public disclosure under the Open Records Act;
(B) Any information provided by the applicant
or subcontractors may be released by the Department to law enforcement agencies
without notice to the applicant or its subcontractors;
(C) The applicant and subcontractors shall
fully cooperate with the Department, grant the Department physical access to
any part of the cultivation site and allow the Department to conduct inspection
and sampling; and
(D) The applicant
and subcontractors shall submit all required reports by the dates specified by
the Department.
(15)
Current criminal history reports for all key participants dated within sixty
(60) days prior to the application submission date. A license application shall
not be considered complete without all required criminal history
reports.
(d) The
application for a processor/ handlers license shall be on a form provided by
the Department and shall, at a minimum, contain the following information:
(1) The name and address of the
applicant;
(2) EIN number, if the
applicant is a business entity, along with the names and email addresses of key
participants; and
(3) The contact
information, including but not limited to, names, phone numbers, and email
addresses, for any officials or employees responsible for oversight of the
Oklahoma Industrial Hemp Program and communications with the Department
relating to the processing or handling of industrial hemp.
(4) Current criminal history reports for all
key participants dated within sixty (60) days prior to the application
submission date. A license application shall not be considered complete without
all required criminal history reports.
(e) Each applicant and subcontractor shall
fully cooperate with the Department, grant the Department physical access to
any part of a cultivation site, and allow the Department to conduct inspection
and sampling.
(f) Incomplete
applications shall not be processed by the Department and any associated
application fees shall be retained by the Department.
(g) Applications that are denied by the
Department may be resubmitted within twelve (12) months of the original filing.
The Department may waive application fees for resubmitted
applications.
(h) Any person,
eighteen (18) years of age or older, or business entity that intends to conduct
research using industrial hemp shall submit a summary of the research that will
be conducted with the application to the Oklahoma Department of Agriculture,
Food, and Forestry for approval.
