The proposed rule is being developed to revise existing rule text for consistency with 86 CFR 5596 and to clarify existing rule text.

 

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 revise existing rule text for consistency with 86 CFR 5596 and to clarify existing rule text.

SUMMARY: The proposed rule will change existing rule by amending the pre-harvest sampling date requirement; adding text to defined terms for clarification; making minor revisions to incorporated material.

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:

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-57.014 State Hemp Program.

(1) No change.

(2) Definitions. The definitions provided in Sections 581.011, 581.217, F.S., and the following shall apply to this rule:

(a) through (b) No change.

1. through 5. No change.

(c) “Cultivation location” means a parcel where hemp will be cultivated as identified by either its address, a legal land description, tax parcel number, or GPS coordinates.  Non-contiguous parcels shall be considered separate locations.

(d)(c) “Designated laboratory” means a laboratory that:

1. through 2. No change.

3. Has entered into a compliance agreement with the Department to conduct Tetrahydrocannabinol concentration sampling and testing. The Designated Laboratory Compliance Agreement, FDACS-08121, Rev. 04/21 12/19, is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-11882. The Pre-Harvest Sampling Manual, FDACS-08127, Rev. 06/21  02/20, is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-11886. The Cannabis Sample Submission Form, FDACS-08114, Rev. 04/21 02/20, is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-11881. JCGM 100:2008, Evaluation of Measurement Data -Guide to the expression of uncertainty in measurement (September 2008) is incorporated herein by reference. Copies may be obtained from http://www.bipm.org and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, 1911 SW 34th Street, Gainesville, FL 32608-1201. Posting of the aforementioned document on the internet for purposes of public examination would violate federal copyright law.

(d) through (i) reordered (e) through (j) No change.

(3) through (4) No change.

(a) through (c) No change.

(d) An environmental containment plan for each Cultivation location Lot. An environmental containment plan must include the following:

1. A containment system of silt fences, berms, or fallow areas consisting of bare earth or ground cover to prevent the hemp from spreading beyond the Cultivation location Lot.

2. A plan to clean any equipment used on the Cultivation location Lot of all debris before it is moved from the property.

3. No change.

(5) License.

(a) No change.

(b) On or before the License expiration date, a licensee must either renew its License or cease all hemp cultivation activities. A License must be renewed by following the application procedures outlined in subsection 5B-57.014(4), F.A.C.  The License must be renewed on or before the expiration date of the current license.

(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.

(c) reordered (d) No change.

(e)(d) A licensee must notify the Department before changing the Ccultivation location(s) approved on the licensee’s application. This notification must be made to [e-mail] thirty sixty (30) (60) days before any changes.

(6) Cultivation requirements. The licensee must:

(a) No change.

(b) Comply with the Hemp Waste Disposal Manual.  The Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21 12/19, is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-11883. Code of Federal Regulations Title 40 – Protection of Environment, Parts 261.3 and 273, Subpart A, revised as of  July 1, 2020 2019, is incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref--11888. and http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref--11889.

(c) No change.

(d) Maintain the label and receipts for all Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp seed, or nursery stock that was grown from Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp seed used in the cultivation of hemp for three (3) years from the date of harvest. These documents must be provided to the Department upon request.

(e) through (f) No change.

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

(h) through (i) No change.

(j) Only use Designated laboratories that qualify as Independent testing laboratories pursuant to Section 581.217(3)(f), F.S. for THC regulatory harvest sample analysis.

(7) No change.

(a) through (d) No change.

(8) Tetrahydrocannabinol concentration sampling.

(a) Within thirty fifteen (30) (15) days prior to the harvest date, the Department or its agent shall collect a representative sample from each Lot to be tested for Total delta-9 tetrahydrocannabinol concentration. Any sampling by the Department or its agent shall be done in accordance with the Pre-Harvest Sampling Manual, FDACS-08127, Rev. 06/21 02/20. The licensee shall be responsible for any fees or costs to conduct sampling or laboratory testing. The licensee or its agent must be present during any sample collection.

(b) The Department or its agent will place the sealed representative sample in the mail or deliver to the Designated laboratory of the licensee’s choosing within one business day of collection. A Cannabis Sample Submission Form, FDACS-08114, Rev. 04/21 02/20, must be submitted with each representative sample.

(c) No change.

(d) If the Department notifies the licensee that the representative sample has an unacceptable THC level, the licensee must:

1. Request that the Designated laboratory retest the retained sample held pursuant to the Designated Laboratory Compliance Agreement, FDACS-08121, Rev. 04/21 12/19. A request to retest the retained sample must be made to the Designated laboratory within one business day of receipt of the notification provided in paragraph (d) of this subsection. The licensee shall be responsible for any fees or costs to conduct laboratory testing; or

2. No change.

3. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21 12/19.

(e) If a retest report is issued and the Department again notifies the licensee that the representative sample has an unacceptable THC level, the licensee must:

1. No change.

2. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21 12/19; or

3. No change.

(f) Any confirmatory sampling by the Department of unharvested hemp shall be done in accordance with the Pre-Harvest Sampling Manual, FDACS-08127, Rev. 06/21 02/20. Any confirmatory sampling by the Department of harvested hemp shall be done in accordance with the Post-Harvest Sampling Manual, FDACS-08129, Rev. 04/21 02/20, which is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-11885. Any confirmatory testing by the Department shall be done in accordance with the procedures outlined in the Designated Laboratory Compliance Agreement, FDACS-08121, Rev. 04/21 12/19. The expense of the confirmatory sampling and the confirmatory testing shall be assessed, collected, and enforced against the licensee by the Department. The licensee or its agent must be present during any sample collection.

(g) If the Department’s confirmatory report indicates that the Lot has an Acceptable THC level, the Lot may be harvested.  If the Department’s confirmatory test indicates that the Lot has an unacceptable THC level, the director of Plant Industry or her or his designee shall notify the licensee and the licensee shall within 10 days after the notice:

1. No change.

2. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21 12/19. 

(h) No change.

(i) The licensee shall notify the Department within one business day of the collection or destruction of a non-compliant Lot. This notification must be made via Notice of Disposal, FDACS-08116, Rev. 04/21 12/19, which is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-11884.

(9) No change.

(a) through (b) No change.

(10) Inspections. The Department shall conduct random annual inspections of each licensee to ensure compliance with the following:

(a) No change.

(b) Maintenance of Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp seed, or nursery stock documentation required under paragraphs 5B-57.014(6)(c)-(d), F.A.C.

(c) through (e) No change.

(11) Transportation Requirements

(a) No change.

(b) Interstate movement.  Any Person outside the State of Florida who desires to ship into this state propagative parts of hemp, live hemp plants, Processed hemp plant material, and Unprocessed hemp plant material from any state, U.S. possession, territory, or district of the United States, or foreign jurisdiction, shall comply with the following regulations:

1. through 3. No change.

4. Upon entry in the state, all Ppersons transporting propagative parts of hemp, live hemp plants, Processed hemp plant material, and Unprocessed hemp plant material must comply with the intrastate movement requirements outlined in this rule.

(12) Abandoned operations.  It is the responsibility of the licensee to completely destroy all hemp plant material, rendering the plants non-viable in accordance with the Hemp Waste Disposal Manual FDACS-08115, Rev. 06/21 12/19, prior to vacating the property or stopping hemp cultivation.

(13) through (14) No change.

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________.

 

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: July 20, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 23, 2021