Kan. Admin. Regs. § 4-34-22 - License required to cultivate or produce industrial hemp for commercial purposes
(a)K.A.R. 4-34-22
through 4-34-30 shall apply only to the commercial production of industrial
hemp pursuant to
K.S.A.
2-3901 et seq., and amendments thereto, and,
unless otherwise stated, shall not apply to research conducted as part of the
pilot program pursuant to
K.S.A.
2-3902, and amendments thereto, and regulated
by
K.A.R. 4-34-2
through
4-34-21.
(b) No individual may cultivate or produce
industrial hemp for commercial purposes without a license issued by the
secretary. A license shall not be required for employees, agents, contractors,
or volunteers of a licensee.
(c)
Only individuals shall be eligible to apply for licenses to cultivate or
produce industrial hemp.
(d) Each
individual who applies for a license to cultivate or produce industrial hemp
shall be required to submit to a fingerprint-based state and national criminal
history record check to verify that the individual has not been convicted of a
felony violation of K.S.A. 2019 Supp.
21-5701 et
seq., and amendments thereto, or a substantially similar offense in another
jurisdiction, within the 10 years immediately preceding submission of that
individual's application.
(e)
(1) Each individual submitting a license
application shall submit the application on a form provided by the secretary,
which shall include the following:
(A) The
individual's full legal name and date of birth;
(B) the individual's current mailing address,
telephone number, and electronic-mail address;
(C) the legal description and global
positioning system coordinates of the entrance to the proposed licensed growing
area and the entrance to each lot that will be used to cultivate or produce
industrial hemp and a map of the proposed licensed growing area and each
lot;
(D) the total number of acres
or square feet that will be used to cultivate or produce industrial
hemp;
(E) the number of acres or
square feet that will be used to cultivate or produce industrial hemp in each
lot;
(F) the variety of industrial
hemp to be cultivated or produced in each lot;
(G) a completed fingerprint card for
submission to the Kansas bureau of investigation; and
(H) any other relevant information requested
by the secretary.
(2)
Each individual submitting a license application shall include with the
application a $100 application fee and the fee established by the Kansas bureau
of investigation for performing a state and national criminal history record
check. A single criminal history record check conducted in accordance with the
act may be used to satisfy the act's criminal history record check requirement
for multiple licenses in a single license year.
(f) All license applications shall be
submitted no later than March 15 of each year in which an applicant intends to
grow industrial hemp. Any individual who submits a license application after
March 15, 2020 may be granted a license if good cause is shown and the
secretary determines that granting the license is necessary to assist with the
transition from the pilot program to the commercial industrial hemp program
during 2020.
(g) Each license shall
allow the cultivation and production of industrial hemp within one licensed
growing area.
(h) Upon approval of
a license application by the secretary, the applicant shall submit a license
fee of $1,200 to the secretary within 15 days of notice of the
approval.
(i) All licenses shall
expire annually on December 31.
(j)
In addition to providing the department with the information required by this
regulation, each individual who is issued a license shall report the following
directly to the United States department of agriculture farm service agency for
each license:
(1) The street address and, to
the extent practicable, the global positioning system coordinates for each
growing area and for each lot or greenhouse where industrial hemp will be
produced;
(2) the number of acres
that will be used to cultivate or produce industrial hemp;
(3) the assigned license number;
and
(4) any other information
required by the United States department of agriculture.
(k) Acceptance of a license shall constitute
a grant of authority by each licensee allowing the secretary to supply
information to the United States department of agriculture and post information
on the department's web site, including the industrial hemp producer license
number, the full legal name of the licensee, the licensee's contact
information, descriptions of all locations identified for cultivating or
producing industrial hemp, and any information related to modifications to
ensure that the information remains accurate.
(l) Each licensee shall be held responsible
for any plant cultivated or produced in violation of the act and for the
actions of all employees, agents, contractors, and volunteers engaged in the
cultivation or production of industrial hemp under the supervision or direction
of, or otherwise in conjunction with, the licensee. Each licensee shall be
subject to the same disciplinary actions for a violation of the act committed
by any employee, agent, contractor, or volunteer of that licensee as if the
licensee had committed the violation.
(m) Each licensee requesting a license
modification after issuance of a license shall submit the modification request
to the secretary on a form provided by the secretary. Each modification request
form shall be accompanied by a $50 fee. Upon the secretary's review and
approval of the modification request, a modified license shall be issued and
may include any additional terms and conditions that the secretary deems
necessary to implement the requested modification and to protect the public
health, safety, and welfare. If the secretary denies the modification request,
the licensee shall remain subject to the terms of the original
license.
(n) Each license shall be
nontransferable, unless the secretary determines that a transfer is necessary
because the licensee dies or becomes disabled or because 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 is required to obtain a license to do so. A license that is
transferable may be transferred to the individual requesting the transfer upon
that individual's submission of a modification request, a $50 modification fee,
the fee established by the Kansas bureau of investigation for performing a
state and national criminal history record check, and satisfactory completion
of a fingerprint-based state and national criminal history record check. A
modification request shall be submitted within 60 days of the licensee's death
or within 60 days of the date that the right of the bank, financial
institution, or other creditor to take possession of the industrial hemp
arises. If a modification request is not submitted within the time frame
required by this regulation, all industrial hemp being cultivated or produced
pursuant to the license shall be subject to an order to be destroyed. The
individual applying for the transfer shall assume the full liability for all of
the previous licensee's actions related to the cultivation or production of
hemp.
(o) Each individual who
materially falsifies any information in a license application or modification
request shall be ineligible to receive a license to cultivate or produce
industrial hemp pursuant to the act.
Notes
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