The proposed rules have been developed in response to the creation of s. 581.217, F.S., which directs the Department of Agriculture and Consumer Services to adopt rules to regulate the cultivation of hemp in this state. This rulemaking will align ...  

  •  

    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Agricultural Environmental Services

    RULE NOS.:RULE TITLES:

    5E-4.006Seed Standards

    5E-4.007Commercial Tests and Consumer Request Samples

    5E-4.016Certified Hemp Seed

    PURPOSE AND EFFECT: The proposed rules have been developed in response to the creation of s. 581.217, F.S., which directs the Department of Agriculture and Consumer Services to adopt rules to regulate the cultivation of hemp in this state. This rulemaking will align Chapter 5E-4, Florida Administrative Code (F.A.C.), with the provisions of section 581.217, F.S., relating to hemp seed sold for planting purposes. These changes will clarify seed standards and labeling requirements for the industry, delineate costs of seed testing services the department offers to consumers, and identify qualifying criteria for seed certifying entities.

    SUMMARY: The proposed rules will change existing rules and policies as follows:

    Rule 5E-4.006, F.A.C., establishes minimum germination standards for seeds.  Rule 5E-4.006, F.A.C., is being updated to specify a standard for hemp seed.

    Rule 5E-4.007, F.A.C., establishes fees for commercial seed purity and germination testing.  Rule 5E-4.007, F.A.C., is being updated to specify associated testing charges for hemp seed.

    Rule 5E-4.016, F.A.C., is being amended to define certified hemp seed and certified hemp cultivars, and to specify requirements relating to certification of hemp seed and hemp cultivars.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the information expressly relied upon and described herein: There are no adverse regulatory impacts associated with implementing these rules. Persons electing to sell, distribute for sale, offer for sale, expose for sale, handle for sale, or solicit orders for the purchase of hemp seed, shall register with the Department pursuant to ch. 578, F.S. The adverse impact or potential regulatory costs of the proposed rule modifications did not exceed any of the criteria established in s. 120.541(2)(a), F.S. Additionally, no interested parties have submitted information regarding the economic impact of the proposed changes. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 570.07(23), 578.11(2), 581.217(12) F.S.

    LAW IMPLEMENTED: 578.11(2), (2)(h), 578.011(8), 578.23 581.217(6), (12), F.S.

    A HEARING WILL BE HELD AT THE DATE, TIME, AND PLACE SHOWN BELOW.

    DATE AND TIME: October 18, 2019, 9:00 a.m.

    PLACE: Cabinet Meeting Room, The Capitol, Lower Level, 400 South Monroe Street, Tallahassee, Florida 32399

    DATE AND TIME: October 21, 2019, 9:00 a.m.

    PLACE: Florida State Fairgrounds, 4800 US-301, Tampa, FL 33610

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Patricia Lucas, Bureau Chief, Bureau of Agricultural Environmental Laboratories, 3125 Conner Boulevard, Bldg. 7, Tallahassee, FL 32399; 850-617-7830; patricia.lucas@fdacs.gov

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    5E-4.006 Seed Standards.

    The minimum standard for agricultural seeds shall be 60% (including hard seed or dormant seed) except hybrid field corn seed which shall be 90%, and hemp seed, which shall be 80% (including hard or dormant seed). For hemp seed which germinates less than the standard established by the department, the words “Below Standard” shall be prominently displayed on the label. Hemp seed below 60% germination may not be sold. The minimum standards for vegetable seeds are set forth in the documents incorporated herein. The Federal Seed Act Regulation specified in 7 CFR 201 (Revised January 1, 2018), are hereby incorporated by reference. Copies of this document may be obtained online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10660. Also incorporated by reference are the State Noxious-Weed Seed Requirements Recognized in the Administration of the Federal Seed Act, October 2018 publication. Copies of this document may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10675.

    Rulemaking Authority 570.07(23), 578.11(2) FS. Law Implemented  578.11(2) FS. History–New 5-30-63, Amended 1-1-65, 11-21-69, Formerly 5E-4.06, Amended 2-7-89, 6-14-95, 6-9-98, 7-7-19,______.

     

    5E-4.007 Commercial Tests and Consumer Request Samples.

    (1) through (2) No change.

    (3) Schedule of charges for the collection, packaging, shipment and analysis of consumer request seed samples and commercial tests is listed below:

     

    Type Test and Charge

    Product

    Purity

    Germination

    (a) through (s) No change.

     

     

    (t) Hemp

    21.00

    21.00

    (t) through (rr) renumbered (u) through (ss)

    No change.

     

    (4) through (7) No change.

    Rulemaking Authority 578.11(2) FS. Law Implemented 578.11(2)(h), FS. History–New 6-29-62, Amended 9-29-83, Formerly 5E-4.07, Amended 8-17-92, 7-7-19,           .

     

    5E-4.016 Certified Hemp Seed.

    (1) A certifying agency or an institution or university conducting an industrial hemp pilot project pursuant to s. 1004.4473, F.S., may certify hemp seed.

    (2) “Certified hemp cultivars” means a clone or propagule certified by a certifying agency or an institution or university conducting an industrial hemp pilot project pursuant to s. 1004.4473, F.S.

    (3) “Certified hemp seed” means a class of hemp seed which is the progeny of breeder, foundation, or registered hemp seed certified by a certifying agency or an institution or university conducting an industrial hemp pilot project pursuant to s. 1004.4473, F.S.

    (4) An institution or university conducting an industrial hemp pilot project pursuant to s. 1004.4473, F.S., that elect to certify hemp seed must:

    (a) Follow the standards for seed certification in 7 CFR Part 201.67 – 201.78 (Revised July 1, 2019) hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX; and

    (b) Maintain records of all hemp seed certified by the institution or university pursuant to s. 578.23, F.S.

    Rulemaking Authority 570.07(23), 578.11(2), 581.217(12) FS. Law Implemented, 578.011(8), 578.23, 581.217(6), 581.217(12) FS. History–New         .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Kelly Friend, Director, Division of Agricultural Environmental Services

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole “Nikki” Fried

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 08, 2019

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 6, 219