The proposed rule is being developed to add rule text for consistency with 86 CFR 5596, update procedures for renewing licenses, and update requirements pertaining to posting signage.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5B-57.014State Hemp Program

PURPOSE AND EFFECT: The proposed rule is being developed to add rule text for consistency with 86

CFR 5596, update procedures for renewing licenses, and update requirements pertaining to posting signage.

SUMMARY: The proposed rule will change existing rule by adding procedures pertaining to a Research License,

updating the procedures for licensees to renew a license, and removing the requirement to post signage at cultivation

locations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this 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 statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the fact that there is no fee schedule associated with these proposed changes. Additionally, no interested party submitted additional information regarding the economic impact.

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), 581.031(4), (5), 581.217, F.S.

LAW IMPLEMENTED: 581.031, 581.083, 581.217, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bryan Benson,

Deputy Director; P.O. Box 147100 Gainesville, FL 32614 / [phone] / [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-57.014 State Hemp Program.

(1) through (4) No change

(5) License.

(a) through (b) No change.

(c) A License may be renewed by following the application procedures outlined in subsection 5B-57.014(4), F.A.C. However, the licensee is not required to submit a full set of fingerprints for any Control person or the Responsible Person if such person’s fingerprints were submitted as part of the application for the License being renewed.

(d) through (e) No change.

(6) Cultivation requirements.  The licensee must:

(a) through (f) No change.

(g) Post signage in a clear and conspicuous location at each every Cultivation location access point which contains the following information: a contact phone number for the Responsible person and the following statement, “Hemp is being cultivated under a license issued by the Florida Department of Agriculture and Consumer Services.”

(h) through (j) No change.

(7) through (14) No change.

(15) Research License.  The Institute of Food and Agricultural Sciences at the University of Florida, Florida Agricultural and Mechanical University, any land grant university in the state that has a college of agriculture, and any Florida College System institution or state university that has an established agriculture, engineering, or pharmacy program that cultivates Hemp for research purposes only and ensures that no Hemp will enter commerce, may apply for a Research License by following the application procedures outlined in subsection (4) of this rule. Notwithstanding paragraph (4)(c) of this rule, a full set of fingerprints shall only be required for the applicant’s Responsible person.

(16) Exemptions. Any Florida College System institution or state university that cultivates Cannabis sativa L. under a Research License is exempt from paragraphs (6)(d) through (6)(h) and (6)(j), subsections (7) through (9), and paragraph (10)(c).

(17) Sampling.  Hemp produced for research will not be subject to the sampling requirements of subsection (8) of this rule, provided that the researcher adopts and carries out an alternative sampling method that has the potential to ensure, at a confidence level of 95 percent, that the hemp subject to this alternative method will not test above the acceptable hemp THC level.

(18) The Department may require Research License holders to complete a corrective action plan in accordance with subsection (13) of this rule if the Department determines that the licensee has negligently violated Section 581.217, F.S. or this rule.  A presumption of care shall be afforded to any Research License holder that unintentionally cultivates a non-compliant Lot so long as the Research License holder ensures that the Lot is not further handled or processed, does not enter commerce, and is destroyed in accordance with the Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21.  This presumption may be rebutted if the Department determines that the Research License Holder negligently or intentionally violated Section 581.217, F.S. or this rule.

Rulemaking Authority 570.07(23), 581.031(4), (5), 581.217(5) FS. Law Implemented 581.031, 581.083, 581.217 FS. History–New 4-27-20, Amended 10-12-21,                        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Division Director Dr. Trevor Smith

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 06, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/10/2022