(a) Each primary licensee shall notify the
department of every intended harvest date in a pre-harvest report at least 30
days before each intended harvest date. Each primary licensee shall immediately
notify the department regarding a change to any date previously reported to the
department if the change to the harvest date is five or more days. Additional
sampling and testing may be required by the department as a result of any
change to the harvest date of five or more days.
(b) If two or more harvests will be conducted
from the same research area within a license year, the primary licensee shall
notify the department of each intended harvest date at least 30 days before
each intended harvest date. The primary licensee shall pay a subsequent
sampling fee and testing fee for each harvest conducted after the initial
harvest of a research area.
(c) No
more than 15 days before any industrial hemp plants, plant parts, grain, or
seeds are cut, picked, collected, or otherwise harvested, each licensee shall
allow a sample to be collected by the department for testing as specified in
K.A.R.
4-34-18. The initial pre-harvest sample shall not require an additional
sampling fee or testing fee.
(d)
Before harvesting any industrial hemp plants, plant parts, grain, or seeds, the
licensee shall be required to receive a passing report of analysis from the
department. After issuance of a passing report of analysis from the department,
the licensee shall have 10 days to fully harvest the industrial hemp plants,
plant parts, grain, or seeds, unless otherwise authorized in writing by the
secretary.
(e) If a licensee fails
to fully harvest the industrial hemp plants, plant parts, grain, or seeds
within 10 days after issuance of the passing report of analysis, the primary
licensee shall perform one of the following:
(1) Notify the department within seven days
after the expiration of the 10-day harvest period of the intended second
harvest date, request that the department collect a subsequent pre-harvest
sample, and pay the required sampling and testing fees; or
(2) notify the department within seven days
after the expiration of the 10-day harvest period of the intended date by which
the licensee shall destroy the industrial hemp plants, plant parts, grain, or
seeds. The primary licensee shall notify the department of any change in the
destruction date.
Destruction of industrial hemp plants, plant parts, grain, or
seeds shall occur by an individual listed on the primary licensee's research
license application and at the primary licensee's expense. All volunteer plants
shall be destroyed during the current license year and for at least three years
after the last reported date of planting. If destruction of industrial hemp
plants, plant parts, grain, or seeds occurs, no refund shall be issued for any
fees paid by a primary licensee.
(f) No more than five days after the harvest
of industrial hemp plants, plant parts, grain, or seeds is completed, the
primary licensee shall notify the department that the harvest has been
completed and request issuance of a harvest certificate. A harvest certificate
shall not be issued by the department until the following information is
provided for inclusion in the harvest certificate:
(1) The official name of the industrial hemp
variety that was cultivated, planted, or grown;
(2) each date on which the licensee harvested
the industrial hemp plants, plant parts, grain, or seeds;
(3) the global positioning system coordinates
for each research area where the industrial hemp plants, plant parts, grain, or
seeds were harvested; and
(4) a
statement of intended end-use for all industrial hemp plants, plant parts,
grain, or seeds that were harvested.