Kan. Admin. Regs. § 4-34-24 - Sampling, testing, and harvest requirements
(a) No more than 30 days before any
industrial hemp cultivated or produced pursuant to the act is harvested, each
licensee shall allow a sample to be collected by the secretary for testing,
using post-decarboxylation or any other similarly reliable method, to determine
the delta-9 tetrahydrocannabinol concentration of industrial hemp cultivated or
produced. A licensee shall not harvest any industrial hemp before receiving
notice that testing of the samples has shown a delta-9 tetrahydrocannabinol
concentration of less than 0.3 percent on a dry-weight basis and that the
licensee may harvest the industrial hemp.
(b) Each licensee shall complete each harvest
of industrial hemp plants, plant parts, grain, or seeds within 30 days of
sampling.
(c) If a licensee fails
to harvest all of the industrial hemp plants, plant parts, grain, or seeds
within the time frame specified in subsection (b), the licensee shall perform
one of the following:
(1) Notify the
department that harvest has not occurred within seven days after the expiration
of the time frame specified in subsection (b), request that the department
collect a subsequent pre-harvest sample, and pay the required sampling and
testing fees; or
(2) notify the
department that harvest has not occurred within seven days after the expiration
of the time frame specified in subsection (b) and inform the department of the
date by which the licensee intends to effectively dispose of the industrial
hemp plants, plant parts, grain, or seeds. The licensee shall conduct effective
disposal no more than seven days after the licensee informs the department that
harvest has not occurred and shall notify the department of any change in the
effective disposal date. Effective disposal of industrial hemp plants, plant
parts, grain, or seeds shall occur by the licensee and at the licensee's
expense. All volunteer plants within and adjacent to the licensed growing area
shall be effectively disposed of during the current license year and for at
least three years after the last reported date of planting. If effective
disposal of industrial hemp plants, plant parts, grain, or seeds occurs, no
refund shall be issued for any fees paid by a licensee, the cost of effective
disposal, or the value of the crop.
(d) Each licensee shall submit a harvest
report to the department no more than 15 days after each harvest of industrial
hemp plants, plant parts, grain, or seeds is completed for each lot. Each
harvest report shall identify the following:
(1) The global positioning system coordinates
of the entrance to the licensed growing area and each lot where industrial hemp
plants were harvested;
(2) the
total number of acres planted in the licensed growing area;
(3) the number of acres planted in each
lot;
(4) the planting date for each
lot;
(5) the total number of acres
harvested from the licensed growing area;
(6) the number of acres harvested from each
lot;
(7) the harvest date for each
lot;
(8) the official name of the
industrial hemp variety harvested from each lot; and
(9) a statement of intended end-use for all
industrial hemp plants, plant parts, grain, or seeds harvested from each
lot.
(e) Industrial hemp
shall be subject to post-harvest sampling and testing by the secretary. Each
licensee shall agree to provide the secretary access to any harvested
industrial hemp or to provide the secretary with a copy of the bill of lading
and, if available, a certificate of analysis or similar document provided for
any industrial hemp already sold or transferred to another person. All samples
collected by the secretary shall be subject to testing, using
post-decarboxylation or any other similarly reliable method, of delta-9
tetrahydrocannabinol concentration of industrial hemp produced. A licensee
whose industrial hemp is sampled after it is harvested shall not sell,
transfer, or transport any industrial hemp harvested from the licensed growing
area where samples were collected until that licensee has received notice from
the department that testing of the samples has shown a delta-9
tetrahydrocannabinol content of less than 0.3 percent on a dry-weight
basis.
(f) Each licensee shall be
assessed a $225 fee for the required pre-harvest sample collected and tested by
the secretary.
(g) At any time
other than at the time of the required pre-harvest sample collected and tested
by the secretary, a licensee may request that the secretary collect a sample
and test the delta-9 tetrahydrocannabinol concentration, subject to a testing
fee of $225 for each test and additional costs assessed for the secretary's
travel time and mileage.
(h) All
samples collected by the secretary shall become the property of the secretary,
and no compensation shall be owed to any licensee.
(i) Any licensee may request a test from a
private laboratory at any time. However, test results from private laboratories
shall not be considered official and shall not be substituted for a sample
collected and tested by the secretary, and each licensee shall be responsible
for the costs of testing by a private laboratory.
(j) Each sample collected and tested by the
secretary and found to contain a delta-9 tetrahydrocannabinol concentration
greater than 0.3 percent on a dry-weight basis shall result in the hemp being
classified as cultivated or produced in violation of the act and shall result
in the issuance of a failing report of analysis. Hemp that receives a failing
report of analysis may be eligible to be remediated pursuant to K.A.R.
4-34-25.
(k) Within seven days of
notice of the failing report of analysis, any licensee may request, on a form
provided by the secretary, an additional test by the secretary. The request
shall include payment of a retesting fee of $225 and any additional costs
assessed for the secretary's travel time and mileage. If a licensee requests an
additional test and the sample collected and tested pursuant to this subsection
is found to contain a delta-9 tetrahydrocannabinol concentration greater than
0.3 percent on a dry-weight basis, then all plants in the licensed growing area
shall be effectively disposed of as required by K.A.R. 4-34-25 or, if eligible,
remediated pursuant to K.A.R. 4-34-25.
(l) For each licensee who is issued an order
to effectively dispose of plants, one of the following requirements shall
apply:
(1) The licensee shall be subject to a
corrective action plan as specified in K.A.R. 4-34-29 and reported to the
appropriate state or local law enforcement agency if the violation is deemed
negligent.
(2) The licensee shall
be reported to the United States department of agriculture, the office of the
Kansas attorney general, the office of the United States attorney for the
district of Kansas, and the appropriate state or local law enforcement agency
if the violation is the result of a culpable mental state greater than
negligence. If any plants are tested by the secretary and found to contain a
delta-9 tetrahydrocannabinol concentration of greater than 2.0 percent, the
licensee responsible for those plants shall be presumed to have acted with a
culpable mental state greater than negligence.
(m) Except as provided in K.A.R. 4-34-28,
each licensee or an authorized representative of each licensee shall be present
whenever the secretary collects a sample of industrial hemp cultivated or
produced pursuant to the act and whenever a compliance inspection is conducted
pursuant to this regulation.
Notes
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