Kan. Admin. Regs. § 4-34-18 - Pre-harvest inspection; sample collection; testing and post-testing actions
(a) A licensee,
whether present or not, shall permit representatives of the department
complete, unrestricted, and immediate access to all industrial hemp plants,
plant parts, grain, and seeds and all locations, buildings, and motor vehicles
listed on the license. Access shall be granted at reasonable times, without
interference or obstruction, with or without cause, and with or without advance
notice.
(b) Any primary licensee
may request collection of a sample from each research area listed on the
license. Each sample collected shall be subject to the sampling and testing
fees required by K.A.R. 4-34-12.
(c) Based on the results of the testing, one
of the following shall apply:
(1) A sample
containing a delta-9 tetrahydrocannabinol concentration of 0.3 percent or less
on a dry-weight basis shall result in the issuance of a passing report of
analysis and shall list each research area from which the sample was
taken.
(2) A sample containing a
delta-9 tetrahydrocannabinol concentration of higher than 0.3 percent on a
dry-weight basis shall result in the issuance of a failing report of analysis
and shall list each research area from which the sample was taken.
(A) Within seven days of issuance of a
failing report of analysis, the primary licensee may request that the
department either collect a subsequent pre-harvest sample or destroy all
plants, plant parts, grain, or seeds located in each research area sampled and
identified on the failing report of analysis.
(B) A subsequent pre-harvest sample requested
by the primary licensee and found to contain a delta-9 tetrahydrocannabinol
concentration of higher than 0.3 percent on a dry-weight basis shall result in
the issuance of a failing report of analysis. Within seven days of issuance of
the failing report of analysis, a licensee listed on the primary licensee's
research license application shall destroy all plants, plant parts, grain, or
seeds that are located in each research area that was sampled and identified in
the failing report of analysis.
(C)
If any sample is found to contain a delta-9 tetrahydrocannabinol concentration
of higher than 0.3 percent on a dry-weight basis, the testing results and the
location of each sampled research area may be referred to the Kansas bureau of
investigation and other appropriate law enforcement agencies for further
investigation.
(D) If any sample is
found to contain a delta-9 tetrahydrocannabinol concentration of 2.0 percent or
higher on a dry-weight basis, the testing results and the location of each
sampled research area shall be referred to the Kansas bureau of investigation
and other appropriate law enforcement agencies for further
investigation.
(d) Destruction of industrial hemp plants,
plant parts, grain, or seeds shall occur by a licensee 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. Each licensee
shall allow representatives of the department or law enforcement to be present
during the destruction of industrial hemp plants, plant parts, grain, or seeds,
or proof of destruction may be required by the department. If the destruction
of industrial hemp plants, plant parts, grain, or seeds is required, the
primary licensee shall not be eligible for a refund of any fees paid.
(e) All samples collected by the department
shall become the property of the department, and no compensation shall be owed
to the licensee.
Notes
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