reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 4 - Hemp Product Endorsement and Labeling › 11 AAC 40.400 - Endorsement

Current through May 31, 2024
(a) Before being offered with or without
				  compensation to a consumer in the state, any industrial hemp product processed
				  beyond its raw form and intended for human or animal consumption must be
				  endorsed by the division.
(b) An
				  endorsement for a hemp product subject to
				  11 AAC 40.400 -
				  11 AAC 40.420 is valid for 12
				  consecutive months from the date of approval. Unless the division makes an
				  earlier decision on a timely filed application to renew an endorsement, a
				  current endorsement remains valid for 90 calendar days after the end of the
				  endorsement term.
(c) The division
				  will provide a written endorsement for each approved product.
(d) The division may not endorse an
				  industrial hemp product that contains delta-9-THC or a non-naturally occurring
				  cannabinoid, including a cannabinoid made from an ingredient extracted from
				  industrial hemp and modified beyond its original form.
Authority:
AS
						03.05.010
AS 03.05.030
AS 03.05.076
AS 03.05.090
AS
						03.05.100
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 4 - Hemp Product Endorsement and Labeling › 11 AAC 40.405 - Application for endorsement or renewal of endorsement

Current through May 31, 2024
(a) An application
				  for endorsement or renewal of endorsement of an industrial hemp product
				  intended for human or animal consumption must be on a form prescribed by the
				  division and must include
(1) a color copy of
				  the product's proposed label;
(2) a
				  copy of the certificate of analysis for each industrial hemp product;
				  and
(3) submission of the
				  endorsement fee set out in
				  11 AAC 40.100(7).
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 4 - Hemp Product Endorsement and Labeling › 11 AAC 40.410 - Testing standards

Current through May 31, 2024
(a) Processed industrial hemp products
				  intended for human or animal consumption must meet or exceed the requirements
				  of 11 AAC 40.600-11 AAC 40.665.
(b) Processed industrial hemp products
				  intended for human or animal consumption may not be offered with or without
				  compensation to a consumer if failing any requirement in 11 AAC 40.600 - 11 AAC 40.665.
Authority:
AS
						03.05.010
AS
						03.05.050
AS
						03.05.076
AS
						03.05.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 4 - Hemp Product Endorsement and Labeling › 11 AAC 40.420 - Labeling

Current through May 31, 2024
(a) Processed industrial hemp products
				  intended for human or animal consumption must be labeled with the following:
(1) the product name;
(2) the total quantity of the product by
				  weight or volume;
(3) the serving
				  size or recommended dose; and
(4) a
				  list of all ingredients.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 5 - Retailer Registration › 11 AAC 40.500 - Retailer registration required

Current through May 31, 2024
A person may not receive compensation for processed
					 industrial hemp or processed industrial hemp products from a consumer in the
					 state, unless the person has obtained a retailer registration from the division
					 in compliance with this chapter or is operating under a registration subject to
					 11 AAC 40.500 -
					 11 AAC 40.525.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 5 - Retailer Registration › 11 AAC 40.505 - Retailer registration; privileges and prohibited acts

Current through May 31, 2024
(a) A registered retailer is authorized to do
				  the following, in compliance with this chapter:
(1) import processed industrial hemp or
				  industrial hemp products;
(2)
				  receive compensation for processed industrial hemp or industrial hemp
				  products;
(3) store processed
				  industrial hemp or industrial hemp products for the purposes of receiving
				  compensation at the retail locations identified in the registration;
(4) conduct in-house testing for the
				  registrant's own use; and
(5)
				  transport processed industrial hemp or industrial hemp products in compliance
				  with this chapter.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 5 - Retailer Registration › 11 AAC 40.510 - Retailer registration application

Current through May 31, 2024
In addition to the information set out under
					 11 AAC 40.050, an applicant for a
					 retailer registration must submit the following:
(1) a description of the type of store or
				  operations of the retailer; and
(2)
				  a location of the retailer where industrial hemp will be offered for retail
				  sales.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 5 - Retailer Registration › 11 AAC 40.515 - Incorporation of a processed hemp product into a non-hemp product intended for human or animal consumption

Current through May 31, 2024
(a) A registered
				  retailer who adds, mixes, or incorporates a processed industrial hemp product
				  intended for human or animal consumption into non-hemp products shall use only
				  processed hemp products endorsed under 11 AAC 40.400 - 11 AAC 40.420.
(b) A registered retailer who adds, mixes, or
				  incorporates a processed industrial hemp product intended for human or animal
				  consumption into a non-hemp product shall use registered scales or other
				  instruments that are in comphance with
				  AS
				  45.75.080 and
				  17 AAC 90.920-17 AAC 90.935 to determine the appropriate serving size of
				  the hemp product and shall maintain current registration and inspection reports
				  for the scales or other instruments as required under
				  AS
				  45.75.080 and
				  17 AAC 90.920 -
				  17 AAC 90.935.
(c) Not later than three business days after
				  the division's request, copies of registration and inspection reports required
				  under (b) of this section shall be provided to the division.
Authority:
AS
						03.05.010
AS
						03.05.030
AS
						03.05.050
AS
						03.05.076
AS
						03.05.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 5 - Retailer Registration › 11 AAC 40.520 - Inspection and testing

Current through May 31, 2024
(a) The division or
				  an authorized representative of the division shall be granted access to all
				  industrial hemp products available at any retail location during normal
				  business hours in order to inspect, test, and sample any hemp products
				  available for sale.
(b) The
				  division may issue a notice of violation and a stop order for any processed
				  hemp product intended for human or animal consumption from a registered
				  retailer if the hemp product
(1) does not
				  hold a current endorsement from the division issued in compliance with
				  11 AAC 40.400 -
				  11 AAC 40.420;
(2) is not labeled as required by
				  11 AAC 40.420;
(3) contains any delta-9-THC; or
(4) has failed the permissible level of
				  contaminants as provided in 11 AAC 40,640.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 5 - Retailer Registration › 11 AAC 40.525 - Records

Current through May 31, 2024
(a) A registered retailer shall keep records
				  of processed industrial hemp or processed industrial hemp products obtained for
				  the purpose of retail for each registered year, including
(1) the date the processed industrial hemp or
				  processed industrial hemp products were received;
(2) the quantity received;
(3) identifying lot and batch numbers for
				  processed industrial hemp or processed industrial hemp products; and
(4) identification of the supplier of
				  processed industrial hemp or processed industrial hemp products.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.600 - Compliance with 11 AAC 40.600 - 11 AAC 40.665

Current through May 31, 2024
A registered hemp retailer may not sell, give, distribute,
					 transfer, or offer to sell, any industrial hemp product unless the product has
					 satisfied the requirements of
					 11 AAC 40.600 -
					 11 AAC 40.665.
Authority:
AS
						03.05.010
AS 03.05.076
AS
						03.05.078
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.605 - Laboratory testing of hemp and hemp products

Current through May 31, 2024
(a)
				  The division or a testing facility authorized by the division shall test
				  industrial hemp and industrial hemp products to verify compliance with this
				  chapter, perform investigations, compile data for the Alaska Industrial Hemp
				  Program, and address public health and safety concerns.
(b) The division may require industrial hemp
				  or industrial hemp products to undergo a second independent third-party review
				  to verify that the industrial hemp or industrial hemp products do not pose a
				  threat to public health and safety, when the division has reason to believe and
				  finds, upon investigating, one or more of the following:
(1) the industrial hemp or industrial hemp
				  product being distributed contains one or more contaminants at levels known to
				  cause harm; or
(2) the industrial
				  hemp or industrial hemp product contains one or more contaminants that could be
				  toxic as consumed or applied in accordance with the intended use as stated on
				  the product label.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.610 - Sampling required

Current through May 31, 2024
(a) Any industrial
				  hemp or industrial hemp product, before being offered for compensation or
				  offered without charge, must have samples drawn from the entire harvest lot and
				  submitted to the division or an authorized testing facility as one test
				  sample.
(b) To comply with (a) of
				  this section, a registrant shall permit samples submitted for testing to be
				  collected by the division or a representative of the division.
(c) A registrant may not
(1) attempt to influence the samples selected
				  by the division or an authorized representative of the division;
(2) adulterate, alter, or attempt to
				  adulterate or alter, any samples taken from the production batch for the
				  purpose of circumventing contaminant testing limits or potency testing
				  requirements.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.625 - Test batch, standards for authorized testing facilities

Current through May 31, 2024
(a) The division will establish a minimum
				  weight or volume of industrial hemp products and direct the designated testing
				  facilities to apply those standards for every type of test conducted.
(b) The division will also establish a
				  standard number of samples required to be included in each batch of hemp
				  products for every type of test conducted in compliance with
				  11 AAC 40.630 -
				  11 AAC 40.640.
(c) An authorized testing facility may not
				  accept a sample that is smaller than the standard minimum amount, unless the
				  sample was collected by the division, an authorized representative of the
				  division, or a registrant under division direction.
Authority:
AS
						03.05.010
AS 03.05.076
AS
						03.05.078
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.630 - Cannabinoid potency

Current through May 31, 2024
(a) All industrial hemp grown, processed, or
				  made available for retail sales will be tested by the division or an authorized
				  testing facility for delta-9-THC.
(b) All processed industrial hemp products
				  intended for human or animal consumption must also undergo a cannabinoid test
				  that must at least determine the concentration of tetrahydrocannabinol,
				  cannabidiol, cannabichomene, cannabigerol, cannabichromene, and cannabidivarin,
				  including acid forms.
(c) Repealed
				  11/3/2023.
Authority:
AS
						03.05.010
AS 03.05.030
AS 03.05.076
AS
						03.05.078
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.635 - Methodology for testing delta-9-THC levels in raw industrial hemp

Current through May 31, 2024
(a)
				  Raw industrial hemp collected by the division or an authorized representative
				  of the division for sampling will be tested for a quantitative determination of
				  total THC.
(b) For purposes of this
				  section, "total THC" is the value determined after the process of
				  decarboxylation that expresses the potential total delta-9-THC content derived
				  from the sum of the THC and THCA content and reported on a dry weight basis.
				  This post- decarboxylation value of THC may be calculated by using a
				  chromatograph technique using heat, such as gas chromatography, through which
				  THCA is converted from its acid form to its neutral form, THC. This test
				  calculates the total potential THC in a given sample.
(c) In this section,
(1) "decarboxylation" means the removal or
				  elimination of carboxyl group from a molecule or organic compound;
(2) "THCA" means
				  THC-acid.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.640 - Contaminants

Current through May 31, 2024
(a) Industrial hemp products intended for
				  human or animal consumption shall be tested or screened for the contaminants
				  listed and may not exceed the following permissible levels:
(1) residual solvents:
Solvent
Parts Per Million (ppm)
Product to be tested
Acetone
<500
Products developed from extracted
								  concentrates
Benzene
1
Butanes
<500
Chloroform
2
Cyclohexane
<500
Heptane
<500
Hexane
18
Isopropanol
<500
Methanol
<500
Pentanes
<500
Propane
<500
Toluene
53
Xylenes (m, p, o-xylenes)
<217
(2)
				  microbials (bacterial, fungus):
Substance
Acceptable limits per gram
Product to be tested
Shiga Toxin Escherichia coli (STEC) -
								  bacteria
Less than 1 colony forming unit (CFU/g)
Hemp products intended for human consumption,
								  excluding topicals
Total Yeast and Mold Count (TYMC)
Less than 10,000 colony forming unit
								  (CFU/g)
Salmonella species - bacteria
Less than 1 colony forming unit (CFU/g)
Aspergillus fumigatus, Aspergillus flavus,
								  Aspergillus niger-fungus, Aspergillus terreus
Less than 1 colony forming unit (CFU/g)
(3)
				  mycotoxins:
Substance
Acceptable limits per gram
Product to be tested
Total Aflatoxin B1, B2, G1, G2
< 20 parts per billion (PPB)
Hemp products intended for human consumption,
								  excluding topicals
Ochratoxin A
< 20 parts per billion (PPB)
(4)
				  pesticides:
Substance
Detection Limits (Parts Per Million,
								  PPM)
Product to be tested
Abamectin
<0.07
Hemp products intended for human
								  consumption
Azoxystrobin
<0.02
Bifenazate
<0.02
Etoxazole
<0.01
Imazalil
<0.04
Imidacloprid
<0.02
Malathion
<0.05
Myclobutanil
<0.04
Permethrin
<0.04
Spinosad
<0.06
Spiromesifen
<0.03
Tebuconazole
<0.01
(5)
				  metals:
Substance
Acceptable Limits Per Gram
Product to be tested
Metals (Cadmium, Arsenic, Lead, Mercury)
Lead - Max Limit: < 500 ppb
Arsenic - Max Limit: < 1,500 ppb
Cadmium - Max Limit: 500 ppb
Mercury - Max Limit: 3,000 ppb)
Hemp products intended for human
								  consumption
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.645 - Exceeding contaminant testing levels

Current through May 31, 2024
(a) If industrial
				  hemp or an industrial hemp product is found to have a contaminant in levels
				  exceeding those established as permissible under 11 AAC 40.640, the industrial
				  hemp or industrial hemp product has failed contaminant testing.
(b) If industrial hemp or an industrial hemp
				  product has failed a contaminant test, the testing facility must immediately
				  notify in writing the division and the retailer or processor that submitted the
				  test batch for testing of the failure.
Authority:
AS
						03.05.010
AS
						03.05.030
AS
						03.05.050
AS
						03.05.076
AS
						03.05.077
AS
						03.05.078
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.650 - Failed test results for hemp products

Current through May 31, 2024
(a)
				  Any registrant that is notified by the division or the division's
				  representative that a hemp product failed a contaminant or potency test shall
				  immediately discontinue offering for sale any industrial hemp products
				  associated with the failed test.
(b) Any industrial hemp products that have
				  failed a contaminant or potency test must be physically separated from all
				  other hemp inventory, may not be transported, and may not be further processed
				  or added to a non- hemp product.
Authority:
AS
						03.05.010
AS 03.05.030
AS 03.05.050
AS 03.05.076
AS
						03.05.078
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.655 - Retests

Current through May 31, 2024
(a) A registrant whose industrial hemp
				  product has failed initial testing under
				  11 AAC 40.630 or
				  11 AAC 40.640 may submit a written
				  request, on a form provided by the division, for a retest of the industrial
				  hemp product. The division will authorize a request for a retest, but the
				  registrant requesting the retest shall pay all costs of testing and
				  validation.
(b) If electing to
				  retest, a registrant must either
(1) submit
				  new test samples complying with
				  11 AAC 40.600 -
				  11 AAC 40.665 from the same
				  failing product to the division or authorized testing facility that performed
				  the original test; or
(2) submit
				  the new test samples complying with
				  11 AAC 40.600 -
				  11 AAC 40.665 from the same
				  failing product to a different testing facility approved by the division and
				  available to conduct the retest.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.660 - Quarantine

Current through May 31, 2024
(a) In addition to other remedies provided
				  under 11 AAC 40.800, the division may
				  also elect to immediately quarantine industrial hemp or an industrial hemp
				  product in the following circumstances:
(1)
				  the division or an authorized representative of the division finds after
				  investigation that a registered processor or retailer has violated this
				  chapter;
(2) the industrial hemp or
				  industrial hemp product was processed by a person who is not
(A) registered with the Alaska Industrial
				  Hemp Program under this chapter;
(B) registered or licensed by other states or
				  qualifying entities that have implemented an industrial hemp pilot program in
				  accordance with 7 U.S.C.
				  5940 (sec. 7606 of the Agricultural
				  Improvement Act of 2014), or a United States Department of Agriculture approved
				  industrial hemp program, authorized under
				  7 U.S.C.
				  1639p (sec. 10113 of the Agricultural
				  Improvement Act of 2018); or
(C) a
				  lawful international source authorized in writing by the division.
(3) the industrial hemp or
				  industrial hemp product presents a potential threat to public health or
				  safety;
(4) the division has
				  received reports of an adverse event related to the use of industrial hemp or
				  an industrial hemp product.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 6 - Sampling, Testing, Quarantines, and Destruction › 11 AAC 40.665 - Waste disposal, including hemp destruction

Current through May 31, 2024
(a) A registrant
				  shall store, manage, and dispose of any solid or liquid waste, including
				  wastewater generated during industrial hemp or industrial hemp product
				  production, processing, testing, or retail sales, in compliance with applicable
				  federal, state, and local statutes, ordinances, regulations, and other
				  law.
(b) Industrial hemp waste or
				  industrial hemp product waste must be made unusable for any purpose for which
				  it was grown or produced and must be made unrecognizable before leaving the
				  registered premises. Industrial hemp waste or industrial hemp product waste
				  includes
(1) industrial hemp plant waste,
				  including stalks, leaves, stem, and flowers that have not been processed with
				  solvent;
(2) industrial hemp or
				  industrial hemp products that has been found unfit for sale or
				  consumption;
(3) expired industrial
				  hemp or industrial hemp products; or
(4) industrial hemp or industrial hemp
				  products that failed testing under 11 AAC 40.600-11 AAC 40.665.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 7 - Requirements Common to All Registrations › 11 AAC 40.700 - Notification

Current through May 31, 2024
(a) The division will submit a list of
				  registrants and information about approved grower, processor, and retail
				  registrants to the Marijuana Control Board and the Department of Public Safety
				  on at least an annual basis and to any peace officer upon request.
(b) The division will submit all notices of
				  violation specific to industrial hemp or industrial hemp products in excess of
				  1.0 percent of delta-9-THC to the Marijuana Control Board and tlie Department
				  of Public Safety.
Authority:
AS
						03.05.010
AS
						03.05.076
AS
						03.05.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 7 - Requirements Common to All Registrations › 11 AAC 40.705 - Hemp storage

Current through May 31, 2024
(a) Under any registration issued under this
				  chapter, a registrant may store industrial hemp or industrial hemp products on
				  the same property and at the same address or GPS coordinates listed on the
				  registrant's application and registration.
(b) A registrant under 11 AAC 40.200 - 11 AAC 40.295 may store seeds, hemp, and hemp parts in raw form or industrial hemp in
				  a processed form, but to sell industrial hemp in a processed form the
				  registered grower must also hold a retailer registration.
(c) Industrial hemp and industrial hemp
				  products shall be stored securely with reasonable physical containment and
				  security measures.
(d) The
				  division may inspect stored industrial hemp or industrial hemp products as set
				  out in 11 AAC 40.275(b), 11 AAC 40.320(c), or 11 AAC 40.520(a).
Authority:
AS
						03.05.010
AS
						03.05.040
AS
						03.05.076
AS
						03.05.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 7 - Requirements Common to All Registrations › 11 AAC 40.710 - Transportation

Current through May 31, 2024
(a) Except as described in (b) of this
				  section, a person subject to or registered under this chapter may not transport
				  industrial hemp without a transportation permit issued by the division. A
				  transportation permit only authorizes industrial hemp to be transported from
				  one registrant to another registrant or from one property of a registrant to
				  another property of a registrant.
(b) A transportation permit is not required
(1) for a registrant under
				  11 AAC 40.200 -
				  11 AAC 40.295 to transport
				  industrial hemp on property listed on its registration for storage, drying, or
				  testing in advance of a pre-harvest report;
(2) to transport industrial hemp seed or
				  propagules to a registered grower; or
(3) to transport an industrial hemp product
				  holding a valid endorsement under
				  11 AAC 40.400 -
				  11 AAC 40.420 to or from a
				  registered retail location.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 8 - Enforcement; Appeals › 11 AAC 40.800 - Enforcement authority

Current through May 31, 2024
To carry out the provisions of this chapter, the division
					 may
(1) sample and test industrial
				  hemp, cannabis, industrial hemp products, and cannabis products for the
				  presence of delta-9-THC, prohibited contaminants, or pesticide residue and for
				  proper labeling and distribution;
(2) control, seize, quarantine, embargo, or
				  direct destruction of industrial hemp or industrial hemp products not in
				  compliance with this chapter;
(3)
				  during the usual hours of a business, or at any time if the division determines
				  that there is an immediate threat to the health or safety of the general
				  public, enter and inspect premises where industrial hemp or industrial hemp
				  products are produced, handled, or transported;
(4) with three calendar days' notice to the
				  registrant, inspect records documenting the sale or transfer of industrial hemp
				  or industrial hemp products;
(5)
				  declare as a public nuisance injurious to the public interest
(A) any industrial hemp or industrial hemp
				  product found to violate a provision of this chapter; or
(B) any cannabis with delta-9-THC over 0.3
				  percent or cannabis product for human consumption containing delta-9-THC,
				  subject to this chapter, and found to violate a condition of this
				  chapter;
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 8 - Enforcement; Appeals › 11 AAC 40.810 - Suspension

Current through May 31, 2024
The division may temporarily suspend, for up to 60
					 calendar days, a registration, endorsement, or permit issued under this chapter
					 if the registrant is alleged to have
(1) violated any provision of
				  AS
				  03.05.010,
				  03.05.076-03.05.079, or this
				  chapter;
(2) made any false
				  statement to the division or the division's representatives;
(3) failed to comply with any agreement
				  signed by the registrant or permittee at the time the registration or permit
				  was issued;
(4) failed to comply
				  with any orders of the division to enforce this chapter; or
(5) failed to pay any fines issued in
				  connection with notices of violation.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 8 - Enforcement; Appeals › 11 AAC 40.820 - Revocation

Current through May 31, 2024
In addition to temporary suspension, the division may
					 revoke a registration, permit, or endorsement and prohibit participation in the
					 Alaska Industrial Hemp Program for a period of up to five years if the
					 registrant
(1) has planted, grown,
				  cultivated, or replicated industrial hemp seeds or propagules from a hemp plant
				  of wild, landrace, or unknown origin without advance written approval from the
				  division;
(2) has harvested
				  industrial hemp without a harvest report and pre-harvest sample taken by the
				  division, without advance written approval of the division;
(3) failed to destroy, as ordered, a harvest
				  lot the sample of which has tested at greater than 1.0 percent
				  delta-9-THC;
(4) processes
				  industrial hemp that is greater than 1.0 percent delta-9-THC;
(5) utilizes an extraction method under
				  11 AAC 40.310 determined by the
				  division to pose a risk to human or animal health or safety;
(6) fails to submit any report required under
				  this chapter; or
(7) violates this
				  chapter on three separate occasions in a one-year period.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 8 - Enforcement; Appeals › 11 AAC 40.830 - Appeals

Current through May 31, 2024
(a) Except as described in (b) of this
				  section, appeals of decisions of the division under this chapter must be in
				  accordance with
				  11 AAC 02.040-11 AAC 02.900.
(b) The automatic stay provisions of
				  11 AAC 02.060 do not apply to pemiit any industrial hemp or
				  industrial hemp product testing in violation of 11 AAC 40.630 or 11 AAC 40.640
				  to be sold or transfen-ed to another registrant or a consumer. Hemp or a hemp
				  product violating those standards are subject to quarantine under 11 AAC 40.660. The quarantine may only be lifted if the commissioner reverses on
				  appeal the decision of the division.
Authority:
AS
						03.05.010
AS
						03.05.076
AS
						03.05.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 9 - General Provisions › 11 AAC 40.910 - Definitions

Current through May 31, 2024
In this chapter,
(1) "Alaska Industrial Hemp Program" means
				  the program operated by the division to study, promote, and regulate the
				  growth, cultivation, or marketing of industrial hemp as permitted under
				  AS
				  03.05.010 and
				  03.05.076;
(2) "applicant" means a person who submits an
				  application to participate as a registrant in the Alaska Industrial Hemp
				  Program;
(3) "batch" means
(A) a quantity of hemp or hemp parts from a
				  harvest lot; or
(B) a quantity of
				  hemp extract from a process lot;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 1 - Applicability of Chapter › 11 AAC 51.010 - Purpose and applicability

Current through May 31, 2024
(a) This chapter
				  applies to each public easement
(1) reserved
				  by the department or granted to the state, including each right-of-way
				  established under R. S. 2477 or other authority; and
(2) managed by the department under AS
				  38.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.015 - Standards for public easements

Current through May 31, 2024
(a) Before selling,
				  leasing, or otherwise disposing of the land estate, the department will reserve
				  public easements under this section. The department will require survey and
				  platting under 11 AAC 53 of a public easement reserved under this section,
				  unless survey is unnecessary to determine the easement's location, as in the
				  case of an easement tied to a surveyed property boundary, the ordinary high
				  water mark, or the mean high water line.
(b) In addition to the circumstances set out
				  in (a) of this section, the department will require survey of a public easement
				  on land
(1) that the department does not
				  manage under AS 38, if required under
				  11 AAC 51.100(g);
				  or
(2) presently not intended for
				  sale, lease, or other disposal, as the department determines necessary to
				  resolve uncertainty over the easement's relationship to a property
				  boundary.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.025 - Section-line easements

Current through May 31, 2024
(a) In accordance with
				  AS
				  19.10.010, before selling, leasing, or
				  otherwise disposing of the surveyed or unsurveyed land estate, the department
				  will reserve along each section line public easements in the following widths:
(1) if the section line forms a boundary of
				  the parcel being disposed, 50 feet measured from the section line;
(2) if the section line runs through the
				  parcel being disposed, 50 feet measured on each side of the section line, for a
				  total width of 100 feet.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.035 - Determination of navigable and public water

Current through May 31, 2024
(a) As part of a
				  preliminary or proposed written decision under
				  AS
				  38.05.035(e) before the
				  sale, lease, grant, or other disposal of any interest in state land, the
				  department will determine whether water adjacent to or contained within the
				  land intended for disposal is navigable water, public water, or neither under
				  AS
				  38.05.127. However, if the preliminary or
				  proposed written decision is for an oil and gas lease or a mineral lease, the
				  determination under this section and reservation of access easements under
				  11 AAC 51.045 may be postponed
				  until the lessee proposes, within 100 feet upland from the ordinary high water
				  mark or mean high water line, lease facilities or lease development activities
				  involving surface entry.
(b) For
				  purposes of the determination under (a) of this section and for reserving
				  access easements under
				  11 AAC 51.045, a water body at
				  least 50 acres in size or a waterway at least 50 feet in width from the
				  ordinary high water mark to the ordinary high water mark will be considered
				  navigable water. The commissioner may determine that a water body smaller than
				  50 acres or a waterway smaller than 50 feet in width is navigable
				  water.
(c) For purposes of the
				  determination under (a) of this section and for reserving access easements
				  under 11 AAC 51.045, a water body at
				  least 10 acres but less than 50 acres in size or a waterway at least 10 feet
				  but less than 50 feet in width from the ordinary high water mark to the
				  ordinary high water mark will be considered
(1) navigable water if the department finds
				  that the water body or waterway is navigable in fact for a useful public
				  purpose under
				  AS
				  38.05.965; or
(2) public water if the department does not
				  make a finding described in (1) of this subsection.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.045 - Easements to and along navigable and public water

Current through May 31, 2024
(a) As part of a
				  preliminary or proposed written decision under
				  AS
				  38.05.035(e) before the
				  sale, lease, grant, or other disposal of any interest in state land the
				  department will
(1) list or map the access
				  easements that the department proposes to reserve under this section for public
				  access to and along water determined under
				  11 AAC 51.035 to be navigable or
				  public water; or
(2) state why
				  reserving an access easement is not necessary to ensure free access to and
				  along water determined under
				  11 AAC 51.035 to be navigable or
				  public water or why regulating or limiting access is necessary for other
				  beneficial uses or public purposes.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.055 - Identification of R.S. 2477 rights-of-way

Current through May 31, 2024
(a) Before
				  reporting to the legislature in accordance with
				  AS
				  19.30.400(b), the department
				  will issue a proposal to identify a historic road or trail as an R.S. 2477
				  right-of-way that has been accepted by the state or territory of Alaska or by
				  public use or construction.
(b) In
				  a proposal under (a) of this section, the department will consider if
				  sufficient evidence
(1) exists to locate the
				  potential R.S. 2477 right-of-way on a United States Geological Survey
				  topographical map at a scale of 1:63,360 (one inch = one mile) or on an
				  equivalent or more detailed map;
(2) shows that the potential R.S. 2477
				  right-of-way crossed federal land that was unappropriated and not reserved for
				  public use at the time of any acceptance described in (3)(A) or (3)(B) of this
				  subsection; and
(3) exists of
				  historical use; that evidence must include a reliable historical account, or
				  information supplied by a knowledgeable person, to show that
(A) public use or construction constituted
				  acceptance of the right-of-way grant under R.S. 2477 in accordance with
				  applicable law; or
(B) a positive
				  act on the part of a public authority constituted acceptance of the
				  right-of-way grant under R.S. 2477 in accordance with applicable law.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.065 - Vacation of easements

Current through May 31, 2024
(a) An affected person or a municipal
				  assembly or city council may petition the department to vacate, modify, or
				  relocate,
(1) in accordance with
				  AS
				  19.30.410, an R.S. 2477 right-of-way,
				  including a section-line easement under
				  AS
				  19.10.010 that the department manages under
				  AS
				  19.30.400 and AS 38;
(2) in accordance with
				  AS
				  38.05.127(d), an access
				  easement reserved under
				  AS
				  38.05.127 and
				  11 AAC 51.045;
(3) in accordance with
				  AS
				  40.15.300-40.15.380, a platted easement
				  dedicated to public use and managed by the department under AS 38;
(4) on land that the state currently owns or
				  formerly owned, a public easement reserved along a section line under
				  AS
				  19.10.010; or
(5) another state-owned public easement
				  managed by the department.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.070 - Appeal (Repealed)

Current through May 31, 2024
The subject matter of
						11 AAC 51.070 was relocated to
						11 AAC 51.910.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.075 - Surveying and field marking of easements

Current through May 31, 2024
(a) The department
				  may require as a condition of any sale, lease, grant, or other disposal of
				  state land that the purchaser, lessee, or grantee survey, mark, or both survey
				  and mark access easements reserved or retained under this chapter in a manner
				  consistent with the following requirements:
(1) marking of an access easement across
				  uplands must include clearly visible monuments or signs at the following
				  places:
(A) at the intersection of the access
				  easement and any public road, railroad, trail, or aircraft landing
				  site;
(B) at the intersection of
				  the access easement and any navigable or public water;
(C) along the access easement at intervals
				  reasonably sufficient to allow the route to be followed, unless the easement's
				  route is shown by a clearly visible trail or road;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.080 - Final decision and judicial appeal (Repealed)

Current through May 31, 2024
The subject matter of
						11 AAC 51.080 was relocated to
						11 AAC 51.910.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.085 - Access and utility easements to mental health trust land

Current through May 31, 2024
Before disposing of land, or granting or reserving an
					 easement across land, the department will, after consulting with the executive
					 director of the mental health trust land unit established under
					 AS
					 44.37.050, either reserve or ensure the
					 department's future ability to reserve adequate and feasible access and utility
					 easements to any adjoining or adjacent Alaska mental health trust land without
					 cost to the Alaska mental health trust.
The subject matter of
						11 AAC 51.085 was formerly located
						at 11 AAC 53.305. The history note
						for 11 AAC 51.085 does not reflect the
						history of the earlier section.
Authority:
AS
						37.14.009
AS 38.05.020
AS
						38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 2 - Identification, Reservation, and Modification of Public Easements › 11 AAC 51.100 - Management of public easements, including R.S. 2477 rights-of-way

Current through May 31, 2024
(a)
				  The commissioner has management authority over the use of any R.S. 2477
				  right-of-way that is not on the Alaska highway system. Certain land use actions
				  on R.S. 2477 rights-of-way, including road construction, may require a permit
				  under 11 AAC 96.010, or other
				  authorization by the department. Based on a written determination by the
				  commissioner, the commissioner will, in the commissioner's discretion, close or
				  restrict the use of an R.S. 2477 right-of-way over which the commissioner has
				  management authority in order to
(1) protect
				  public safety;
(2) protect the
				  right-of-way and the servient estate against damage that may be caused by use
				  during storms, floods, thawing conditions, or construction and maintenance
				  operations; or
(3) protect or
				  manage other resources in or near the right-of-way.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 4 - General Provisions › 11 AAC 51.910 - Appeal

Current through May 31, 2024
(a) In accordance with 11 AAC 02, an eligible
				  person may appeal a decision issued under this chapter, including
(1) an R.S. 2477 right-of-way identification
				  decision under
				  11 AAC 51.055(d)
				  or a decision following notice under
				  11 AAC 51.100(f),
				  if the appellant demonstrates that there are questions of fact to be resolved
				  on the route's qualification as an R.S. 2477 right-of-way;
(2) a permit decision following notice under
				  11 AAC 51.100(e) (1) or (e)(2), on the basis that new construction or
				  use of an easement will adversely affect the appellant's access or use, or that
				  the easement's surveyed location is incorrect.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 51 - Public Easements › Article 4 - General Provisions › 11 AAC 51.990 - Definitions

Current through May 31, 2024
As used in this chapter, unless the context requires
					 otherwise,
(1) "access easement" means
				  a public easement that is identified to allow access by the public, including
				  access to private property by the owners of that private property and their
				  invitees, and that may be used for any mode of transportation commonly employed
				  for access purposes, subject to any restrictions noted on the plat, deed,
				  recorded reservation, or other legally applicable document;
(2) "arterial road" means a road that is used
				  primarily for traffic through and beyond the area, rather than for access to
				  adjacent land;
(3) "commissioner"
				  means the commissioner of natural resources;
(4) "department" means the Department of
				  Natural Resources;
(5) "land
				  estate" means any interest in land other than an interest reserved under
				  AS
				  38.05.125;
(6) "mean high water line" means the tidal
				  datum plane of the average of all the high tides, as would be established by
				  the National Geodetic Survey, at any place subject to tidal
				  influence;
(7) "navigable water"
				  has the meaning given in
				  AS
				  38.05.965;
(8) "neighborhood service road" means a road
				  that is primarily for traffic within a residential area;
(9) "ordinary high water mark" means the mark
				  along the bank or shore up to which the presence and action of the non-tidal
				  water are so common and usual, and so long continued in all ordinary years, as
				  to leave a natural line impressed on the bank or shore and indicated by
				  erosion, shelving, changes in soil characteristics, destruction of terrestrial
				  vegetation, or other distinctive physical characteristics;
(10) "pedestrian easement" means an access
				  easement that is identified for travel
(A) on
				  foot;
(B) by a hand- or
				  foot-propelled vehicle, including a wheelchair or bicycle; or
(C) by dogsled;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 53 - Records, Surveys, and Platting › Article 1 - Land Records System › 11 AAC 53.010 - Purpose

Current through May 31, 2024
The purpose of secs. 10 - 50 of this chapter is to set
					 forth the procedures of the land records system, which is responsible for
					 recording and filing all actions affecting the status of state
					 land.
Authority:
AS
						38.04.045
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 40.21.070
AS
						40.25.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 53 - Records, Surveys, and Platting › Article 1 - Land Records System › 11 AAC 53.020 - Land records

Current through May 31, 2024
Land records trace the history of all land status from
					 acquisition to disposal and consist of the following:
(1) land status plats, which graphically
				  portray all actions affecting state land and land in other ownership as
				  required; these plats are for illustrative purposes only; the actual written
				  documents remain the official record; there are two types of land status plats
(A) land estate plats, which portray land
				  actions and transactions on the surface of a township; and
(B) mineral estate plats, which portray
				  subsurface actions and transactions within a township; these plats may also
				  show state tideland data;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 53 - Records, Surveys, and Platting › Article 1 - Land Records System › 11 AAC 53.030 - Record entries

Current through May 31, 2024
(a) When an instrument is filed for
				  incorporation into the land records system, it will be noted in the proper
				  serial register, or in a new serial register, and will be made available for
				  public inspection at the beginning of the next regular day of business after it
				  has been noted.
(b) Actions
				  requiring a change on the land status plat and historical index will be noted
				  in a timely manner.
Authority:
AS
						38.04.045
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 40.21.070
AS
						40.25.120