Kan. Admin. Regs. § 4-34-16 - Voluntary withdrawal; voluntary partial destruction
(a) Any licensee may voluntarily withdraw
from the pilot program after providing the department with written notice of
the intent to do so. Notice shall be provided at least 30 days before the
intended withdrawal date, except with prior written approval from the
department. If a licensee listed on a primary licensee's research license
application withdraws from the pilot program, the primary licensee shall modify
each license as specified in K.A.R. 4-34-13.
(b) If a primary licensee voluntarily
withdraws from the pilot program, all industrial hemp plants, plant parts,
grain, or seeds being cultivated, planted, grown, handled, harvested,
conditioned, stored, distributed, transported, or processed pursuant to the
licensee's license shall be destroyed and all licenses issued pursuant to the
research license application shall be surrendered. Each primary licensee who
voluntarily withdraws from the pilot program shall provide the department at
least 15 days' notice of the date and time the primary licensee intends to
destroy the industrial hemp plants, plant parts, grain, or seeds pursuant to
that individual's license and shall notify the department of any change in the
destruction date or time.
(c) If a
primary licensee notifies the department of the intent to withdraw from the
pilot program but fails to destroy all industrial hemp plants, plant parts,
grain, or seeds being cultivated, planted, grown, handled, harvested,
conditioned, stored, distributed, transported, or processed pursuant to that
individual's license within 15 days of the intended destruction date, the
license of the primary licensee and each license issued pursuant to the
research license application may be revoked and all industrial hemp plants,
plant parts, grain, or seeds being cultivated, planted, grown, handled,
harvested, conditioned, stored, distributed, transported, or processed as part
of the primary licensee's research shall be destroyed at the primary licensee's
expense.
(d) Any primary licensee
conducting research pursuant to a research grower license may voluntarily
destroy any industrial hemp plants being cultivated, planted, or grown in a
portion of any research area without withdrawing from the pilot program. Each
primary licensee conducting research pursuant to a research grower license who
intends to destroy the industrial hemp plants being cultivated, planted, or
grown in any research area listed on that individual's license shall provide
the department at least 15 days' notice of the date and time of destruction and
shall notify the department of any change in the destruction date or
time.
(e) Each primary licensee
that has been issued a failing report of analysis shall comply with the
destruction requirements in K.A.R. 4-34-18 and K.A.R. 4-34-19, as
applicable.
(f) Representatives of
the department or law enforcement may be present during any destruction of
industrial hemp plants, plant parts, grain, or seeds, or proof of the
destruction may be required by the department.
(g) Each primary licensee who destroys any
industrial hemp plants being cultivated, planted, grown, handled, harvested,
conditioned, stored, distributed, transported, or processed pursuant to that
individual's license shall, within 15 days after the destruction, notify the
department in writing of the number of acres of industrial hemp plants, plant
parts, grain, or seeds that were planted in each research area and the number
of acres destroyed in each research area.
(h) Upon destruction of any industrial hemp
plants, plant parts, grain, or seeds, all volunteer plants shall also be
destroyed during the current license year and for at least three years after
the last date of planting reported to the department.
(i) Voluntary destruction of industrial hemp
plants, plant parts, grain, or seeds shall be performed by a licensee listed on
the research license application of the primary licensee and shall be at the
primary licensee's expense. If the destruction of industrial hemp plants, plant
parts, grain, or seeds occurs, the licensee shall not be eligible for a refund
of any fees paid by a primary licensee.
Notes
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