5B-57.013. Industrial Hemp 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. 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. A description of the scope, design, and objectives of the proposed Pilot Project.

2. A description of the varieties of Industrial Hemp that will be used in the project and a plan that shall ensure that all seed for cultivation of Industrial Hemp shall be:

a. Accompanied by documentation that the crop from which the seed were harvested had a THC analysis of 0.3% or less by dry weight.

b. Tagged with a certification statement providing the variety, origin, and quantity on each separate container of seed.

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. An Environmental Containment Plan for each proposed facility location, which must include the following:

a. A containment system of traps, filters, silt fences or berms, or a fallow area consisting of bare earth or ground cover to prevent the Industrial Hemp from spreading through ditches, natural waterways, or other drainage.

b. The use of dedicated equipment for the facility or a plan to clean any equipment used on the site of all debris before it is moved from the property.

c. A transportation and movement plan that ensures that the Industrial Hemp (at all grow stages) is covered and moved in full containment during transport from noncontiguous locations.

d. A detailed statement of the estimated costs of removing and destroying the plants prior to vacating the property or ending production.

6. A plan to maintain the chain of control of Hemp Material for the proposed Pilot Project, to provide a testing schedule to ensure Hemp Material does not exceed 0.3% concentration of THC at harvest, and to provide a destruction process for any Hemp Material that does not comply with the requirements of this rule or Section 1004.4473, F.S.

7. A plan to perform an economic impact analysis of the proposed Pilot Project on the state’s agricultural sector, including a measure of the direct, indirect, and induced fiscal impact of the proposed Pilot Project.

8. A genetic research plan to ensure that any psychotropic compounds will not be synthesized.

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. Proof that the entity has a principal place of business in Florida.

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. A detailed description of the entities’ prior experience in or knowledge of, or demonstrated interest in and commitment to, the cultivation, processing, manufacturing, or research of industrial hemp.

(b) A separate Pilot Project Proposal shall be required for each noncontiguous growing location.

(c) A new Pilot Project Proposal will be required if a new or additional planting (contiguous or noncontiguous) exceeds ten percent (10%) of the existing permitted acreage or if any additional varieties will be added to the Pilot Project.

(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 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 Section 581.217, F.S. Any commercialization must be approved by the institution or university’s office of commercialization or other named office within the institution or university that it 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, 5-4-20.