Kan. Admin. Regs. § 4-34-1 - Definitions
Each of the following terms, as used in this article of the department's regulations, shall have the meaning specified in this regulation:
(a) "Act" means the
commercial industrial hemp act, K.S.A. 2019 Supp.
2-3901
et seq. and amendments thereto.
(b)
"Administrative license" means a license issued to any of the following:
(1) An individual appointed as a member of
the state advisory board;
(2) an
individual employed by the designated certifying agency who requires licensure
as a result of the individual's assigned employment duties and is involved in
the administration of the designated certifying agency's responsibilities
pursuant to the pilot program;
(3)
an individual employed by the department who is involved in the administration,
regulation, or oversight of the pilot program or an individual employed by the
department who requires licensure as a result of the individual's assigned
employment duties; or
(4) an
individual who is an employee or agent of a bank, financial institution, or
other creditor that has a legal right to take possession of industrial hemp for
the purposes of settling a debt.
(c) "Approved variety of industrial hemp"
means a variety or strain of industrial hemp authorized for use in the pilot
program.
(d) "Certifying agency"
has the meaning specified in
K.S.A. 2-1415, and
amendments thereto.
(e)
"Condition," as used in this article of the department's regulations, means to
clean or to clean and blend seed within a licensed research section, in order
to meet the requirements of agricultural seed for the purpose of being planted
or seeded. Seed that has undergone this process is known as
"conditioned."
(f) "Department"
means Kansas department of agriculture.
(g) "Destroy" means to make incapable of
being harvested or processed by means of being incinerated, tilled under the
soil, or made into compost or by using another manner approved by the
secretary. This process is known as "destruction," which is a type of
"effective disposal" as defined in K.S.A. 2019 Supp.
2-3901
and amendments thereto.
(h)
"Devitalize" means to render incapable of germinating.
(i) "Grain," as used in this article of the
department's regulations, means an industrial hemp plant's unit of sexual
reproduction intended to be consumed or processed into hemp products.
(j) "Ground cover" means any species of
grass, legume, or forb that is planted to provide seasonal soil cover and is
not intended to be harvested.
(k)
"Handle" means to cause any movement of industrial hemp on or within a licensed
research section.
(l) "Harvest"
means to remove industrial hemp plants, plant parts, grain, or seeds from the
research area where the industrial hemp plants, plant parts, grain, or seeds
were cultivated, planted, or grown.
(m) "Harvest certificate" means a document
issued by the department to the primary licensee, after the industrial hemp
plants, plant parts, grain, or seeds are harvested, that includes information
to assist in identifying the industrial hemp plants, plant parts, grain, or
seeds that were harvested.
(n)
"Individual" means a natural person.
(o) "Licensed growing area" means an area
that is identified on an application or license for cultivating or producing
industrial hemp for commercial purposes, can consist of a single primary
section legally designated by the public land survey system, and may include an
additional half mile in any direction beyond the primary section.
(p) "Licensed research distributor" means an
individual licensed by the department to handle, condition, store, distribute,
or transport raw, harvested industrial hemp plants, plant parts, grain, or
seeds in Kansas.
(q) "Licensed
research grower" means an individual licensed by the department to cultivate,
plant, grow, handle, harvest, condition, store, distribute, or transport
industrial hemp plants, plant parts, grain, or seeds in Kansas.
(r) "Licensed research processor" means an
individual licensed by the department to handle, store, or process industrial
hemp plants, plant parts, or grain and take part in any aspect of turning raw,
harvested industrial hemp into a hemp product in Kansas.
(s) "Licensed research section" means a
section legally designated by the public land survey system that is identified
in the license issued by the department establishing where a licensee may
cultivate, plant, grow, handle, harvest, condition, store, distribute,
transport, or process industrial hemp plants, plant parts, grain, or seeds. A
licensed research section may include land, structures, and buildings that are
not used to cultivate, plant, grow, handle, harvest, condition, store,
distribute, transport, or process industrial hemp plants, plant parts, grain,
or seeds.
(t) "Licensee" means any
individual who possesses a valid license issued by the department pursuant to
the act.
(u) "Lot" means a
contiguous area in a field, greenhouse, or indoor growing structure containing
the same variety or strain of cannabis throughout the area.
(v) "Pilot program" means the industrial hemp
research program administered by the department pursuant to the act.
(w) "Plant part" means any portion of an
industrial hemp plant, including any of the following:
(1) Whole or partial unprocessed plants,
including stalk, leaf, seed, foral, and root materials;
(2) raw roots;
(3) fresh, unprocessed, dried, or ground
leaves or foral material; or
(4)
rooted plants, cutings, propagules, or clones.
(x) "Primary licensee" means an individual at
least 18 years of age who was issued a research license by the department and
who shall be responsible for ensuring that all licensees listed on the research
license application submited by that individual comply with the requirements of
the act and any implementing regulations.
(y) "Research area" means a location within a
licensed research section used for the cultivation, planting, growth, handling,
harvesting, conditioning, storage, distribution, transporting, or processing of
industrial hemp plants, plant parts, grain, or seeds.
(z) "Secretary" means secretary of the Kansas
department of agriculture or the secretary's designated
representative.
(aa) "Seed," as
used in this article of the department's regulations, means an industrial hemp
plant's unit of sexual reproduction intended to be planted for
germination.
(bb) "Variety" means a
subdivision of a species that meets the following conditions:
(1) Is uniform, in the sense that the
variations in essential and distinctive characteristics are
describable;
(2) is stable, in the
sense that the variety will remain unchanged in its essential and distinctive
characteristics and its uniformity if reproduced or reconstituted as required
by the different categories of varieties; and
(3) is distinct, in that the variety can be
differentiated by one or more identifiable morphological, physiological, or
other characteristics from all other publicly known varieties.
(cc) "Volunteer plant" means any
plant of the genus cannabis that grows of its own accord from seeds or roots
and is not intentionally planted.
Notes
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