Kan. Admin. Regs. § 4-34-5 - Licenses issued by the department; general requirements for licensees
(a) Each license
issued by the department shall establish the requirements governing each
licensee's participation in the pilot program. Any violation of the terms and
conditions specified in a license may result in the revocation of any license
held by the licensee and denial of future applications. Each licensee shall
comply with all instructions from representatives of the department and local,
state, and federal law enforcement agencies pertaining to the licensee's
involvement in the pilot program.
(b) Before cultivating, planting, growing,
handling, harvesting, conditioning, storing, distributing, transporting,
processing, researching, overseeing, studying, or analyzing industrial hemp
plants, plant parts, grain, or seeds for research purposes at any location in
Kansas, each individual shall obtain a license issued by the
department.
(c) Before a license is
issued by the department, license fees shall be paid as required by K.A.R.
4-34-12. Failure by the individual wanting to be the primary licensee to pay
the license fees within 15 days of receipt of notice of conditional approval
shall terminate the approval process of the research license application, and
the requested licenses shall not be issued by the department.
(d) Except in the case of the death of the
primary licensee, a license issued by the department shall not be sold or
transferred. If the primary licensee dies, any individual listed on the
research license application that has also been issued a license may request
that the department modify the license as required by K.A.R. 4-34-13.
(e)
(1)
Each licensee shall use or allow to be used as part of the pilot program only
industrial hemp plants, plant parts, grain, or seeds from varieties currently
designated by the department as approved varieties of industrial hemp. The
department's document titled "approved varieties of industrial hemp for
planting," dated October 15, 2018, is hereby adopted by reference.
(2) Upon request of the individual wanting to
be the primary licensee, any licensees listed on that individual's research
license application may be authorized by the secretary to cultivate, plant,
grow, handle, harvest, condition, store, distribute, transport, or process
varieties of industrial hemp other than those varieties identified under
paragraph (e)(1), if doing so is appropriate and consistent with the
individual's research proposal.
(f) At all times while a licensee is engaged
in cultivating, planting, growing, handling, harvesting, conditioning, storing,
distributing, transporting, processing, researching, overseeing, studying, or
analyzing industrial hemp plants, plant parts, grain or seeds pursuant to the
pilot program, the licensee shall have that individual's current license
authorizing the activity in possession.
(g) Each license issued by the department
shall be valid from the date of issuance until the expiration date unless the
license is revoked by the department. Each license shall expire on January 31,
following the date of issuance. An individual may apply for a license in
successive years by completing a research license application, state and
national criminal history records check, fingerprinting, and paying the
application and license fees. Issuance of a license in one year shall not
guarantee issuance of a license in any subsequent year.
(h) A license shall not be issued by the
department to an individual if the individual's research license application
includes a location approved by the department as a research area in a license
previously issued by the department in the same license year. Any individual
may request that the department approve multiple licensed research sections.
However, each request shall require a separate research license application,
application fees, and license fees.
(i) Any primary licensee may be approved by
the department to cultivate, plant, or grow industrial hemp plants, plant
parts, grain, or seeds on an acreage or square footage that is equal to or less
than the acreage or square footage stated in the research license application.
Industrial hemp plants, plant parts, grain, or seeds may be cultivated,
planted, or grown on an acreage or square footage that is equal to or less than
the approved acreage or square footage. Completion of a modification request
form shall not be required if a primary licensee elects to cultivate, plant, or
grow industrial hemp plants, plant parts, grain, or seeds on an acreage or
square footage that is less than the acreage or square footage authorized in
the license.
(j) Licensees shall
use only approved varieties of industrial hemp when engaged in cultivating,
planting, growing, handling, harvesting, conditioning, storing, distributing,
transporting, or processing industrial hemp plants, plant parts, grain, or
seeds, except that any primary licensee may request that the secretary approve
varieties of industrial hemp pursuant to paragraph (e)(2).
(k) Each licensee growing seed for seed
certification shall meet the requirements specified in the Kansas agricultural
seed act,
K.S.A. 2-1415 et seq.
amendments thereto, and the implementing regulations.
(l)
(1)
Each licensee shall consent to the department's providing information to law
enforcement, fire, and rescue agencies and the public regarding each research
area. Additionally, each licensee shall consent to the department's providing
information about any licensed research section or research area, including
global positioning system coordinates, to representatives of the Kansas bureau
of investigation, United States drug enforcement agency, and other law
enforcement agencies if representatives of any of these agencies request the
information.
(2) Each licensee
shall consent to the department's providing appropriate law enforcement
agencies in each county with copies of the licensee's
license.
(m) Each
research area shall be subject to inspection by the department. Each
representative of the department shall have complete, unrestricted, and
immediate access to all industrial hemp plants, plant parts, grain, and seeds,
whether growing or not, including access to all land, buildings, facilities,
motor vehicles, and other structures listed on the license issued by the
department. Access shall be granted whether the licensee is present or not, at
reasonable times, without interference or obstruction, with or without cause,
and with or without advance notice. The right of access shall include the
unrestricted right to inspect or take samples of any industrial hemp plants,
plant parts, grain, or seeds present at the location being accessed, as well as
the right to inspect any reports or records pertaining to the licensee's
research.
(n) Each licensee shall
permit the department to perform any inspections and to collect any samples of
any industrial hemp plants, plant parts, grain, or seeds at any time.
(o) Each licensee shall submit all reports
required by the department on or before the specified deadlines.
(p) Each primary licensee shall retain, for
at least five years, all records created as a result of the primary licensee's
participation in the pilot program unless otherwise ordered by the secretary.
The records shall be made available for inspection by the department, the
Kansas bureau of investigation, and any other law enforcement agencies upon
request.
(q) Each licensee shall
ensure that any individual applying pesticides to industrial hemp plants or
plant parts complies with the Kansas pesticide act,
K.S.A. 2-2438a et
seq. amendments thereto, and the implementing regulations.
(r) Each licensee shall be solely responsible
for that licensee's risk of financial or other loss as a result of
participating in the pilot program.
(s) A licensee shall not allow industrial
hemp plants, plant parts, grain, or seeds to be cultivated, planted, grown,
handled, harvested, conditioned, stored, distributed, transported, or processed
at any location other than the locations included on the license issued by the
department.
(t)
(1) Each licensee shall immediately notify
the department of any interaction with law enforcement related to the
licensee's participation in the pilot program, as well as any contact with law
enforcement related to criminal charges or a criminal investigation involving
any crime specified in K.S.A. 2018 Supp.
2-3902,
and amendments thereto, or a violation of any law of another jurisdiction that
is in substantial conformity with the offenses listed in that statute. The
licensee shall provide a written follow-up summarizing the interaction and its
outcome to the department within three calendar days of the
interaction.
(2) Each primary
licensee shall notify the department and appropriate law enforcement agencies
of the theft of any industrial hemp plants, plant parts, grain, or seeds within
three calendar days of the theft.
(u) A primary licensee shall not permit any
individual to participate in the pilot program pursuant to the primary
licensee's research license application if that individual's license was
revoked by the department or that individual was denied admission to
participate in the pilot program. Except when conducting educational
activities, a licensee shall not allow access to any research area listed on
the license, industrial hemp plants, plant parts, grain, or seeds by an
individual whose license was revoked by the department or who was denied
admission to participate in the pilot program.
(v) A primary licensee shall not rent or
lease land, buildings, facilities, motor vehicles, or other structures that
will be used to conduct research as part of the pilot program from any
individual whose license was revoked by the department or who was denied
admission to participate in the pilot program.
(w) Any licensee may host or engage in
educational activities as authorized by the license issued by the department.
Any licensee hosting or engaging in educational activities may allow members of
the public access to each research area for the sole purpose of participating
in educational activities. Any licensee may set up a public display booth
showcasing the individual's research relating to industrial hemp plants, plant
parts, grain, or seeds at trade shows, county fairs, or other similar events.
Licensees shall not allow any members of the public to have physical contact
with or possess any industrial hemp plants, plant parts, grain, or seeds and
shall not transfer, distribute, trade, sell, give away, barter, or exchange for
value any industrial hemp plants, plant parts, grain, or seeds to any member of
the public.
(x) A licensee shall
not conduct activities that involve industrial hemp plants, plant parts, grain,
or seeds that are unrelated to the licensee's approved research proposal,
license, or educational activities at any location listed on the license,
including industrial hemp-related activities involving an industrial hemp
maze.
(y) A licensee shall not
distribute industrial hemp plants, plant parts, grain, or seeds at any location
that is not identified on the license, including trade shows, county fairs,
educational or other events, and any other address not listed on the
license.
Notes
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