This rulemaking is to revise provisions of the rule necessitated by amendments to Section 1004.4473, Florida Statutes.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5B-57.013Industrial Hemp Planting Permits

PURPOSE AND EFFECT: This rulemaking is to revise provisions of the rule necessitated by amendments to Section 1004.4473, Florida Statutes.

SUMMARY: The proposed rule will revise the types of entities that are eligible to participate in the Department’s Industrial Hemp Pilot Project and to add commercialization language.

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 are no fee-based requirements placed on industry as a result of this rule edit. 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), 1004.4473(2), F.S

LAW IMPLEMENTED: 581.031, 581.083, 1004.4473, 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, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-57.013 Industrial Hemp Pilot Project Planting Permits.

(1) Pursuant to section 1004.4473, F.S., and in accordance with 7 U.S.C. Section 5940, the Department shall authorize and oversee the development of Industrial Hemp Pilot Projects (Pilot Project) for the Institute of Food and Agricultural Sciences at the University of Florida, Florida Agricultural and Mechanical University, and any Florida College System institution or state university that has an established agriculture, engineering, or pharmacy program and any other land grant university in the state that has a college of agriculture. Section 1004.4473(2)(a), F.S., provides that the purpose of the Pilot Project is to cultivate, process, test, research, create, and market safe and effective commercial agricultural applications for Industrial Hemp (Cannabis sativa), which is a potentially invasive plant species and is a threat to the plant life of this state if not properly controlled. The definitions provided in section 1004.4473, F.S., shall apply to this rule.

(2) An institution or university shall not cultivate Industrial Hemp pursuant to section 1004.4473, F.S., except under an Industrial Hemp Special Permit issued by the Department’s Division of Plant Industry.

(a) An institution or university seeking an Industrial Hemp Planting Permit shall submit an Industrial Hemp Pilot Project Proposal that consists of the following information:

1. through 2. No change.

3. A list of Qualified Program Personnel and institution or university staff involved in the proposed Pilot Project, including the institution or university employee that will be designated as the lead oversight manager. The institution or university shall provide the work address, phone numbers, and email for the oversight manager. The institution or university shall also describe how it intends to meet the requirements of section 1004.4473(5)(b), F.S.

4. A description of the proposed facility location(s) by address and GPS coordinates and security measures. The institution or university shall provide a detailed aerial map of the research, cultivation, processing, and testing facility location(s), identifying research plots, limited and general access areas, buildings (with a description of the activities conducted within each), boundaries, and security measures to prevent access by unauthorized parties.

5. through 8. No change.

9. A description of how the proposed Pilot Project will maintain compliance with other applicable state and federal laws.  The institution or university shall identify the applicable laws based on the design of their projects.

10. Written authorization from the institution or university’s board of trustees authorizing the proposed Pilot Project.

11. If the proposed Pilot Project will be conducted on non-state owned lands, proof that the institution or university has written permission from the land owner to utilize the land for Industrial Hemp plantings for the duration of the life of the proposed Pilot Project.

12. Pursuant to section 581.083(4)(a)1., F.S., if an institution or university plans to cultivate industrial hemp in a planting greater than two contiguous acres, then the institution or university must submit proof of a bond or certificate of deposit as described in subsection 5B-57.011(3), F.A.C. The institution or university shall provide proof of each bond or certificate of deposit by submitting with the Pilot Project Proposal either the form entitled Non-Native Species Planting Bond, FDACS 08439 (Rev. 01/13), as incorporated in Rule 5B-57.011, F.A.C., or Assignment of Certificate of Deposit for Non-Native Species Planting, FDACS 08440 (Rev. 01/13), as incorporated in Rule 5B-57.011, F.A.C., as appropriate.

13. A list of entities that the institution or university plans to collaborate with as Qualified Project Partners and a detailed description of how the entities meet the requirements set forth in section 1004.4473(1)(f), F.S., which must include the following:

a. No change.

b. Proof that the entity has access to a grow site in Florida, which may be the same grow site that the partnering institution or university plans to use for the Pilot Project, and a detailed description of how the grow site is acceptable for the cultivation, processing, and manufacturing of industrial hemp and hemp products.

c. Proof that the entity has access to a research facility in Florida, which may be the same research facility the partnering institution or university plans to use for the Pilot Project, and a detailed description of how the research facility is acceptable for the cultivation, processing, and manufacturing of industrial hemp and hemp products.

d. A copy of the comprehensive business or research plan that was submitted to the partnering institution or university.

e. No change.

(b) through (c) No change.

(3) As part of the Department’s review of the Pilot Project Proposal, the Department will visit the proposed Pilot Project location(s), at a time agreed upon with the institution or university, to perform an onsite evaluation of the Environmental Containment Plan. If additional environmental containment measures are identified by the Department, the institution or university shall complete an Industrial Hemp Special Planting Permit Addendum that shall describe the additional measures to be implemented by the institution or university to ensure environmental containment of the proposed Pilot Project.

(4) If a Pilot Project Proposal meets the requirements of sections 581.083 and 1004.4473, F.S. and this rule, the Department’s Division of Plant Industry will issue an Industrial Hemp Planting Permit to the institution or university.

(5) The institution or university shall notify the Department of its intent to move the Industrial Hemp to request an inspection of the transport containment apparatus. The Department shall inspect the apparatus to ensure the industrial hemp is contained for transport to its destination to prevent inadvertent spread during the transit.

(6) The institution or university Pilot Project oversight manager shall immediately notify the Department in writing if the institution or university or its Qualified Project Partner fails to meet or comply with any portion of section 1004.4473, F.S. or this rule. It is the responsibility of the property owner or permit holder to destroy the planting prior to vacating the property or stopping production. If the Department determines any of the factors of section 581.083(4)(c), F.S., exist, the Department will issue an immediate final order requiring the immediate removal and destruction of the Pilot Project. Failure of the permit holder to remove and destroy the Industrial Hemp within 60 days of the order will result in action by the Department against the permit holder’s bond or certificate of deposit as described in section 581.083(4)(d), F.S.

(7) An institution or university that has been issued an Industrial Hemp Planting Permit must possess a license to cultivate hemp issued pursuant to Rule 5B-57.014, F.A.C., before selling, distributing, or offering for sale or distribution, any Industrial hemp or hemp as defined in s. 581.217, F.S. Any commercialization must be done through the institution or university’s office of commercialization or other named office within the institution or university that is responsible for the commercialization of the institution or university’s products.

Rulemaking Authority 570.07(23), 581.031(4), (5), 1004.4473(2) FS. Law Implemented 581.031, 581.083, 1004.4473 FS. History–New 4-12-18, ______________,

 

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: January 21, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 17, 2019