Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-57 - INTRODUCTION OR RELEASE OF PLANT PESTS, NOXIOUS WEEDS, ARTHROPODS, AND BIOLOGICAL CONTROL AGENTS › Section 5B-57.014 - State Hemp Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 581.217, F.S., and in accordance
				with 7 U.S.C. Section
				1639p, the Department shall authorize and
				oversee the development of the State Hemp Program to regulate the cultivation
				of hemp in the state, which is a potentially invasive plant species and is a
				threat to the plant life of this state if not properly controlled. Hemp
				cultivated pursuant to this rule is considered an agricultural
				commodity.
(2) Definitions. The
				definitions provided in Sections
				581.011,
				581.217, F.S., and the following
				shall apply to this rule:
(a) "Acceptable THC
				level" means that the representative sample has a Total delta-9
				tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight
				basis.
(b) "Control person" means
				an individual, partnership, corporation, trust, or other organization that
				possesses the power, directly or indirectly, to direct the management or
				policies of a company, whether through ownership of securities, by contract, or
				otherwise. The term includes:
1. A company's
				executive officers, including the president, chief executive officer, chief
				financial officer, chief operations officer, chief legal officer, chief
				compliance officer, director, and other individuals having similar status or
				functions.
2. For a corporation, a
				shareholder who, directly or indirectly, owns 10 percent or more or that has
				the power to vote 10 percent or more, of a class of voting securities unless
				the applicant is a publicly traded company.
3. For a partnership, all general partners
				and limited or special partners who have contributed 10 percent or more or that
				have the right to receive, upon dissolution, 10 percent or more of the
				partnership's capital.
4. For a
				trust, each trustee.
5. For a
				limited liability company, all elected managers and those members who have
				contributed 10 percent or more or that have the right to receive, upon
				dissolution, 10 percent or more of the partnership's
				capital.
(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) "Designated laboratory" means a
				laboratory that:
1. Holds an ISO 17025
				accreditation; and
2. Is registered
				with Drug Enforcement Administration (DEA) in accordance with
				21 CFR
				1301.13; and
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.
				06/21, is incorporated herein by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-13542
.
				The Pre-Harvest Sampling Manual, FDACS - 08127, Rev. 06/21, is incorporated
				herein by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-13543
.
				The Cannabis Sample Submission Form, FDACS-08114, Rev. 04/21, is incorporated
				herein by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-13539
.
				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.
(e) "Person" means
				individuals, children, firms, associations, joint adventures, partnerships,
				estates, trusts, business trusts, syndicates, fiduciaries, corporations, and
				all other groups or combinations.
(f) "Lot" means a contiguous area in a field,
				greenhouse, or indoor growing structure used for cultivation of the same
				variety or strain of hemp.
(g)
				"Processed hemp plant material" means plant matter, including stalks, seed
				hulls, woody biomass, hemp flowers, or other foliar material that has been
				processed in such a manner that makes it an ineffective host of plant pests or
				disease.
(h) "Responsible person"
				means a natural person who controls or manages the day to day operations of the
				hemp cultivation.
(i) "Total
				delta-9 tetrahydrocannabinol concentration" means [delta-9
				tetrahydrocannabinol] + (0.877 x [tetrahydrocannabinolic acid]).
(j) "Unprocessed hemp plant material" means
				plant matter, including stalks, seed hulls, woody biomass, hemp flowers, or
				other foliar material that has been harvested but has not been processed in
				such a manner that makes it an ineffective host of plant pests or
				disease.