reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 7 - Appeals, Requests for Reconsiderations, and Hearings › 11 AAC 39.830 - Filing an appeal or request for reconsideration

Current through May 31, 2024
(a) An appeal or
				  request for reconsideration under this chapter must
(1) be in writing;
(2) be filed by personal service, mail, fax,
				  or electronic mail;
(3) be signed
				  by the appellant or the appellant's attorney, unless filed by electronic mail;
				  an appeal or a request for reconsideration filed by electronic mail must state
(A) the name of the person appealing or
				  requesting reconsideration; and
(B)
				  a single point of contact to which any notice or decision concerning the appeal
				  or request for reconsideration is to be sent;
(4) be correctly addressed;
(5) be timely filed in accordance with
				  11 AAC 39.840;
(6) specify the case reference number used by
				  the board or director, if any;
(7)
				  specify the decision being appealed or for which reconsideration is being
				  requested;
(8) specify the legal
				  basis upon which the decision is challenged, describe the factual issues, and
				  provide any supporting documentation;
(9) specify any material facts disputed by
				  the appellant;
(10) specify the
				  remedy requested by the appellant;
(11) state the address to which any notice or
				  decision concerning the appeal or request for reconsideration is to be mailed;
				  an appellant may also provide a telephone number where the appellant can be
				  reached during the day or an electronic mail address;
(12) identify any other affected agreement,
				  contract, lease, permit, or application by case reference number, if any;
				  and
(13) include a request for an
				  in-person oral hearing, if an in-person oral hearing is desired, and specify
				  any special accommodations needed for the hearing.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 7 - Appeals, Requests for Reconsiderations, and Hearings › 11 AAC 39.840 - Timely filing; issuance of decision

Current through May 31, 2024
(a) To be timely
				  filed, an appeal or request for reconsideration must be received by the board
				  within 30 calendar days after the written decision was issued. If the 30th day
				  falls on a day when the division is officially closed, the appeal or request
				  for reconsideration must be filed by the next working day.
(b) Unless an extension of time is granted by
				  the board under (c) of this section, an appeal or request for reconsideration
				  will not be accepted if it is not timely filed.
(c) A person may request an extension of time
				  to file an appeal of a director's decision or a request for reconsideration.
				  The board may approve an extension of time to file an appeal of a director's
				  decision or a request for reconsideration for good cause.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 7 - Appeals, Requests for Reconsiderations, and Hearings › 11 AAC 39.850 - Hearings

Current through May 31, 2024
(a) The board will hold an oral hearing on an
				  appeal of a director's decision or a request for reconsideration if material
				  questions of fact must be resolved.
(b) Notice of the hearing in accordance with
				  11 AAC 39.031 will be given to
				  persons known by the board to be affected by the appeal or request for
				  reconsideration.
(c) The board will
				  issue an order establishing the procedures to be followed in a particular case
				  for the appeal of a director's decision or request for reconsideration, and
				  ensure that due process is provided.
(d) In a hearing held under this section
(1) formal rules of evidence do not
				  apply;
(2) testimony must be given
				  under oath; and
(3) the hearing
				  must be recorded, and will be transcribed at the request and expense of the
				  person requesting the transcript.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 7 - Appeals, Requests for Reconsiderations, and Hearings › 11 AAC 39.860 - Decision on appeal or request for reconsideration

Current through May 31, 2024
(a) The board will
				  issue a written decision on an appeal of a director's decision or a request for
				  reconsideration based on the record.
(b) The board will mail, deliver, or transmit
				  to the appellant or the appellant's representative a copy of the
				  decision.
(c) The board's decision
				  on an appeal of a director's decision or a request for reconsideration is a
				  final administrative decision that may be appealed to the superior court under
				  the Alaska Rules of Appellate Procedure.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 8 - General Provisions › 11 AAC 39.900 - Modification of an agreement

Current through May 31, 2024
(a) Only the board
				  may approve a modification of a loan, installment contract, land purchase
				  agreement, easement, lease, permit, contract, or other agreement under AS 03.10
				  and this chapter. A person must submit a written application to the division
				  for a modification, describe the reasons that a modification is needed, and
				  include documentation that supports the application for a
				  modification.
(b) An application
				  for a modification shall be submitted to the board at a meeting under
				  11 AAC 39.031 if the application
				  complies with AS 03.10 and this chapter and is received by the division at
				  least 30 days before the date of the next scheduled meeting.
(c) For a borrower in good financial standing
				  that would qualify for an interest credit under
				  11 AAC 39.511, regardless of
				  whether the board has approved an interest credit, the board will not approve a
				  modification of a loan that includes
(1) an
				  interest rate reduction;
(2)
				  forgiveness of principal;
(3) a
				  term extension; or
(4) a reduction
				  in the value of the collateral securing the loan below the requisite
				  loan-to-value ratio on the outstanding principal and interest.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 8 - General Provisions › 11 AAC 39.910 - Residency

Current through May 31, 2024
(a) Except for a permit for early entry
				  issued under
				  11 AAC 39.705(a) (1), the board may approve a loan, or dispose
				  of cropland to an individual only if that individual is a resident of the state
				  under AS
				  01.10.055 at the time
(1) the lease, permit, or agreement is
				  executed; and
(2) if the cropland
				  is to be purchased, title is conveyed.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 8 - General Provisions › 11 AAC 39.911 - Definitions (Repealed)

Current through May 31, 2024
With Register 164, January 2003, definitions for 11 AAC
						39 are located at
						11 AAC 39.990.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 8 - General Provisions › 11 AAC 39.920 - Penalty

Current through May 31, 2024
Except in case of a moratorium of loan payments under
					 11 AAC 39.501, when a person is
					 delinquent on a loan, permit, lease, installment contract, or other agreement
					 issued under AS 03.10 and this chapter, a seven-percent penalty will be
					 assessed against the amount delinquent unless the board determines in writing
					 that there is reasonable cause for waiving the penalty.
Before Register 164, January 2003, the substance of
						11 AAC 39.920 was contained in
						former 11 AAC 39.471. The history note of
						11 AAC 39.920 does not reflect the
						history of the material under its former
						number.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 8 - General Provisions › 11 AAC 39.930 - False statements

Current through May 31, 2024
An applicant who submits a false statement to the board on
					 or in support of an application is subject to
					 AS
					 11.56.200 -
					 AS
					 11.56.210. If the board finds that an
					 applicant has made a false statement under this section, the board may use the
					 false statement as grounds to deny future applications made under this chapter,
					 if the board determines that the false statement was material to consideration
					 of the application.
Before Register 164, January 2003, the substance of
						11 AAC 39.930 was contained in
						former 11 AAC 39.481. The history note of
						11 AAC 39.930 does not reflect the
						history of the material under its former
						number.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 8 - General Provisions › 11 AAC 39.940 - Good financial standing requirement

Current through May 31, 2024
The board will not approve a loan, contract, lease, permit,
					 agreement or any modification, close a transaction, or disburse money to a
					 person who is not in good financial standing, except for a person who has a
					 loan in moratorium under
					 11 AAC 39.501, or when the board
					 determines in writing that there is reasonable cause to act
					 otherwise.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 8 - General Provisions › 11 AAC 39.990 - Definitions

Current through May 31, 2024
In this chapter,
(1) "agriculture" means the science, art, and
				  business of producing crops, insects, fish, livestock, or related
				  byproducts;
(2) "agricultural"
				  means used in agriculture;
(3)
				  "agricultural disaster" means
(A) crop failure
				  due to disease, pests, severe weather conditions, or other natural
				  phenomenon;
(B) disease or
				  destruction of insects, fish, or livestock;
(C) significant damage or destruction to real
				  or personal property that is required for the development, operation, or
				  production of an active agricultural industry, agricultural product, or
				  agricultural process;
(D) closure
				  of a substantial portion of the market sources or processing facilities that
				  are vital to an agricultural industry within an area in the state; or
(E) destruction or closure of a
				  transportation facility, route, or link that is vital to an agricultural
				  industry within an area of the state;
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.010 - Purpose

Current through May 31, 2024
(a) Industrial hemp, including a product
				  derived from industrial hemp, is an agricultural crop subject to regulation by
				  the division.
(b) The purposes of
				  this chapter are to
(1) promote the research
				  of and study methods for the growth, cultivation, and marketing of industrial
				  hemp; and
(2) regulate the
				  production of industrial hemp and industrial hemp products consistent with
				  public health and safety.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.020 - Registration required

Current through May 31, 2024
(a) A person may not produce industrial hemp
				  in the state unless the person has obtained an industrial hemp registration
				  from the division to participate in the Alaska Industrial Hemp Program. The
				  division will issue the following classes of industrial hemp registrations for
				  participation in the program under this chapter:
(1) an industrial hemp grower
				  registration;
(2) an industrial
				  hemp processor registration; and
(3) an industrial hemp retailer
				  registration.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.030 - Registration restrictions

Current through May 31, 2024
A registration may be held by an individual at least 18
					 years of age or a business entity that is in good standing within the state and
					 other jurisdictions, as applicable.
Authority:
AS
						03.05.010
AS
						03.05.030
AS 03.09.076
AS 03.10.077
AS 03.10.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.040 - Registration term, renewals, and submission dates

Current through May 31, 2024
(a) Except as set
				  out in 11 AAC 40.060, an industrial hemp
				  registration is valid for 12 consecutive months from the date it is
				  issued.
(b) An industrial hemp
				  registration may be renewed for unlimited, additional one-year terms.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.050 - Application for new registration

Current through May 31, 2024
(a) An applicant
				  for registration in the Alaska Industrial Hemp Program must file an application
				  on a form that the division prescribes.
(b) An application for a new industrial hemp
				  registration must include
(1) the full legal
				  name of the applicant; if the applicant is a business entity, the application
				  must contain
(A) the name of the business
				  entity, including its designation as corporation, partnership, association,
				  limited liability company, or other permissible business formation;
(B) the names of its officers, members, and
				  partners, as applicable;
(C) proof
				  that the business entity is authorized by and in good standing with the state,
				  and other jurisdictions, as applicable; and
(D) documentation validating the authority of
				  the signatory to bind the entity;
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.060 - Application for renewal of registration

Current through May 31, 2024
(a) An application
				  for renewal of an industrial hemp registration must be filed on a form that the
				  division prescribes, with the information and documents described in this
				  section. A renewal application for a registration must be postmarked or
				  received by the division not later than 15 calendar days before the end of the
				  applicant's registration term.
(b)
				  An industrial hemp renewal application must
(1) identify the class of registration to be
				  renewed;
(2) provide detail of any
				  change of information set out in
				  11 AAC 40.050(b)
				  on the original application; and
(3) report for each registration held by the
				  applicant any notice of violation that has been issued under this
				  chapter.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.070 - Procedure for action on applications and endorsements

Current through May 31, 2024
(a) The division will make a determination as
				  to the completeness of the original or renewal application and will notify each
				  applicant in writing that the application is complete, or of any additional
				  information or submittals necessary to complete the application.
(b) Not later than 30 calendar days after
				  receipt of the request, an applicant must submit any additional information
				  requested by the division.
(c) Upon
				  a determination of the receipt of all requested additional information, the
				  division will notify each applicant in writing that the application is
				  complete.
(d) The division will
				  grant or deny an application for registration or endorsement subject to
				  11 AAC 40.400 -
				  11 AAC 40.420 not later than 60
				  calendar days after sending an applicant written notice that the application is
				  complete.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.080 - Denial of registration application and renewal application

Current through May 31, 2024
(a) The division will deny an application for
				  a new registration if the division finds that the signatory is not authorized
				  to sign the application or is ineligible to participate in the program under
				  11 AAC 40.030.
(b) The division may deny an application for
				  a renewal registration if the division finds that
(1) an applicant is not responsive to a
				  request for additional information;
(2) the renewal application is postmarked or
				  received by the division less than 15 calendar days before the end of the
				  applicant's registration term as required under
				  11 AAC 40.060(a);
(3) a registration has been suspended or
				  revoked under
				  11 AAC 40.830; or
(4) any action taken under
				  11 AAC 40.800 prohibits renewal of
				  the registration.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 39.090 - Modification of registration

Current through May 31, 2024
(a) To request a
				  modification to a registration, a registrant must submit a modification request
				  on a form prescribed by the division and pay the required fee set out at 11 AAC 40.100.
(b) In the event of a
				  registrant's death, incapacity, or dissolution, the registration may be
				  modified to transfer the registration to an authorized transferee. The
				  applicant for a modification must provide information required under 11 AAC 40.050(b)(1) - (4) and make the declarations required under 11 AAC 40.050(d).
				  Modification requests under this subsection shall be filed with the division
				  not later than 60 calendar days after the death, incapacity, or dissolution of
				  the original registrant.
(c) If the
				  request is to change the site of operations, the registrant must file a
				  modification request that provides the information for the replacement sites
				  specified in 11 AAC 40.050(b)(5). Site modifications for new locations must
				  comply with all land use restrictions established in 11 AAC 40.240.
(d) Any registrant may submit multiple
				  registration modification requests, but separate fees are required for each
				  requested modification.
(e) Each
				  registrant shall comply with the all terms of the original registration, until
				  the division approves the modification request in writing.
Authority:
AS
						03.05.010
AS 03.09.076
AS 03.10.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 1 - Purpose; Registration; Application; Procedures for Approval; Denials Modification; Fees › 11 AAC 40.100 - Fee schedule

Current through May 31, 2024
The division will charge fees as follows:
(1) non-refundable application fee for each
				  annual registration: $50;
(2)
				  non-refundable application fee for each annual renewal registration:
				  $50;
(3) annual registration fee
				  for a grower: $100;
(4) annual
				  registration fee for a processor that creates a product not intended for human
				  or animal consumption: $50;
(5)
				  annual registration fee for a processor that creates a product intended for
				  human or animal consumption: $250;
(6) annual registration fee for a retailer:
				  $50;
(7) annual endorsement fee for
				  each industrial hemp product subject to
				  11 AAC 40.400 -
				  11 AAC 40.420: $25;
(8) transportation permit issued under
				  11 AAC 40.710: $25;
(9) modification of product endorsement:
				  $25;
(10) modification of
				  registration: $25;
(11) sampling
				  fee under 11 AAC 40.275(e)
				  and 11 AAC 40.290(b)
				  for the division or the division's representative to collect samples from
				  harvest of industrial hemp: $100;
(12) testing of seeds of wild, landrace, or
				  unknown origin under
				  11 AAC 40.220: $1,200.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.200 - Grower registration required

Current through May 31, 2024
A person may not grow industrial hemp unless the person has
					 obtained a grower registration from the division in compliance with this
					 chapter or is operating under a registration subject to 11 AAC 40.200 - 11 AAC 40.295.
Authority:
AS
						03.05.010
AS 03.09.076
AS 03.10.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.205 - Grower registration, privileges, and prohibited acts

Current through May 31, 2024
(a) A registered
				  grower is authorized to do the following, in compliance with this chapter:
(1) grow industrial hemp;
(2) store industrial hemp, hemp seed, and
				  propagules;
(3) receive
				  compensation for raw industrial hemp from a registered processor or other
				  registered grower, if the hemp has been sampled and tested by the division to
				  prove that the raw hemp contains less than 0.3 percent delta-9-THC;
(4) receive compensation for raw industrial
				  hemp from persons who are not required to be registered by this chapter,
				  including consumers in the state, if the hemp will not be further processed and
				  the lot of industrial hemp from which it is sourced has been sampled and tested
				  by the division to prove that the raw hemp contains less than 0.3 percent
				  delta-9-THC;
(5) provide samples of
				  industrial hemp to the division or testing facility authorized by the
				  division;
(6) conduct in-house
				  testing;
(7) store industrial hemp
				  at the locations identified in the application for registration; and
(8) transport industrial hemp in compliance
				  with 11 AAC 40.710.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.210 - Authorized seed and propagules

Current through May 31, 2024
(a) The division
				  will publish and update on an annual basis a list of accepted and prohibited
				  varieties of industrial hemp seed or propagules.
(b) In addition to seeds and propagules
				  received as an approved variety, a registered grower may
(1) grow approved varieties of industrial
				  hemp seeds or propagules received from registered growers in the Alaska
				  Industrial Hemp Program, without written approval from the division;
(2) grow varieties of industrial hemp seeds
				  or propagules received from out-of-state sources, after the division approves
				  the use in writing; in order to approve the out-of-state sources, the division
				  will use the same analyses and testing used for inclusion on the qualified
				  list;
(3) acquire, but may not grow
				  wild, landrace, or seeds of unknown origin until the division has grown and
				  sampled the seeds in accordance with
				  11 AAC 40.220 and the division
				  concludes the seed is not a prohibited variety.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.215 - Compliance with plant health and quarantine regulations

Current through May 31, 2024
(a) Industrial hemp
				  seed varieties from approved sources under this section that are offered for
				  sale or acquisition in quantities of one pound or more must comply with the
				  provisions of 11 AAC 34.
(b)
				  Industrial hemp seed varieties from approved sources under this section that
				  are offered for sale or acquisition in quantities less than one pound are
				  exempt from the provisions of 11 AAC 34, but are sold or acquired at the
				  purchaser's risk.
Authority:
AS
						03.05.010
AS
						03.05.027
AS
						03.05.030
AS
						03.09.040
AS
						03.05.050
AS 03.09.076
AS 03.10.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.220 - Seeds or propagules of wild, landrace, or unknown origin

Current through May 31, 2024
(a) A registrant
				  may not grow or replicate industrial hemp seeds or propagules of wild,
				  landrace, or unknown origin without first obtaining written permission from the
				  division and complying with this section.
(b) Before a registrant receives written
				  permission from the division, industrial hemp seeds or propagules subject to
				  this section must first be grown and tested by the division after the
				  registrant pays the fee established under 11 AAC 40.100(12). A registrant must
				  coordinate with the division for the division's receipt of the seeds or
				  propagules and arrange for replication and testing of mature plants grown from
				  those seeds or propagules.
(c)
				  Following replication and testing of mature plants from industrial hemp seeds
				  or propagules subject to this section, the division will notify the registrant
				  whether the matured plants have passed required testing described in 11 AAC 40.600 - 11 AAC 40.665 and will approve or deny in writing the registrant's
				  further use of the seeds or propagules, based on the results of
				  testing.
Authority:
AS
						03.05.010
AS
						03.05.027
AS
						03.05.030
AS
						03.05.040
AS
						03.05.050
AS 03.09.076
AS 03.10.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.225 - Industrial hemp propagules

Current through May 31, 2024
(a) A registered
				  grower importing industrial hemp propagules from outside the state and in
				  compliance with 11 AAC 40.210 must ship the propagules to the division for
				  inspection at the registered grower's expense.
(b) The division will test the imported
				  industrial hemp propagules for compliance with 11 AAC 34. Any propagule
				  received by the division that fails to comply with all applicable regulations
				  will be destroyed by the division with written notice to the registrant.
(c) The division will arrange for
				  pickup of or ship the industrial hemp propagules that passed division
				  inspection to the registered grower at the registrant's expense.
Authority:
AS
						03.05.010
AS
						03.05.027
AS
						03.05.030
AS
						03.05.040
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 2 - Grower Registration › 11 AAC 40.230 - Documentation of seed and propagule source and distribution

Current through May 31, 2024
(a) A registered
				  grower must document all sources of industrial hemp seeds and propagules and
				  the registrant's distribution of those seeds and propagules.
(b) The documentation must contain
(1) the name of the person from whom the
				  seeds or propagules were acquired;
(2) proof that the person identified in (1)
				  of this subsection is either
(A) a registered
				  grower with the Alaska Industrial Hemp Program;
(B) a source registered or licensed with a
				  different 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 date of
				  acquisition;
(4) if applicable,
				  identification of any trademark, patent, or other proof of intellectual
				  property for the seeds or propagules; and
(5) identification of all registered growers
				  or other persons to whom the registrant distributed the seeds or
				  propagules.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.235 - Grow areas

Current through May 31, 2024
A registered grower may not grow industrial hemp outside
					 the authorized grow area identified by GPS coordinates and identified on the
					 approved application. The registrant must destroy any industrial hemp that
					 grows outside the authorized grow area.
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 2 - Grower Registration › 11 AAC 40.240 - Land use restrictions

Current through May 31, 2024
(a) The isolation
				  distance between two or more varieties of the plant Cannabis for the purpose of
				  keeping all seed pure is 3,230 feet (1,000 meters).
(b) In addition to an isolation distance,
				  planted hemp shall also be separated from other planted forms of cannabis by a
				  barrier that plainly distinguishes hemp from another form of
				  cannabis.
(c) Hemp may not be grown
				  in a grow area smaller than one-quarter acre and no fewer than 200 plants may
				  be planted in a grow area, unless approved in writing by the
				  division.
(d) Hemp may not be grown
				  on property owned by or leased from a person who is ineligible to participate
				  in the Alaska Industrial Hemp Program under
				  11 AAC 40.030 or whose
				  registration is suspended or revoked.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.245 - Signage

Current through May 31, 2024
If a grow area is one acre or less, the registered grower
					 shall post readable signage no smaller than a total area of 144 square inches
					 at the grow area and visible to the public that includes the following
					 information:
(1) the title, "Alaska
				  Industrial Hemp Program";
(2) the
				  registration holder's registration number; and
(3) contact information for the Alaska
				  Industrial Hemp Program in the Division of Agriculture.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.250 - Planting reports

Current through May 31, 2024
(a) Not later than
				  30 calendar days after seeding, direct sowing, or replanting of hemp seeds and
				  propagules, a registered grower must submit to the division, by mail or
				  electronic mail, a planting report on a form prescribed by the
				  division.
(b) If the planting is
				  outdoors, the planting report must contain
(1)
				  the name of the variety, strain, or cultivar of seed or propagule
				  planted;
(2) the field location by
				  cross streets and GPS coordinates;
(3) a statement of intended use of crop
				  harvested for each planting;
(4)
				  the date of planting;
(5) the total
				  amount of seed or propagules planted; and
(6) the total number of acres or square feet
				  planted.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.255 - Pesticides

Current through May 31, 2024
(a) Only a pesticide applicator certified
				  under
				  AS
				  46.03.320 and 18 AAC 90 may apply pesticides
				  to industrial hemp.
(b) Before
				  planting any hemp, a registered grower shall comply with the longest
				  pre-planting interval listed on the pesticide product label.
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 2 - Grower Registration › 11 AAC 40.260 - Testing

Current through May 31, 2024
A registered grower may not harvest industrial hemp until
					 the division, or an authorized representative of the division has
(1) collected and tested one or more samples
				  from the harvest in compliance with 11 AAC 40.285 or 11 AAC 40.290(b), and also
				  in compliance with 11 AAC 40.600 - 11 AAC 40.665, and provided a written
				  statement that the crop is eligible to be moved to market; or
(2) provided written permission to harvest
				  the lot before sampling or testing; the harvest lot must be stored on the
				  registered premises of the grower and may not be transferred to another person
				  until the division completes post-harvest sampling and testing and provides a
				  written statement that the crop is eligible to be moved to market.
Authority:
AS
						03.05.010
AS
						03.05.076
AS
						03.05.077
AS
						03.05.079
AS
						03.05.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.265 - Initial pre-harvest report

Current through May 31, 2024
A registered grower shall inform the division by mail or
					 electronic mail of a projected harvest date for an industrial hemp crop not
					 later than 30 calendar days before the projected harvest.
Authority:
AS
						03.05.010
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.270 - Division response

Current through May 31, 2024
The division will collect and test samples from the
					 harvest lot before the projected harvest date or will inform the registered
					 grower in writing that the division is unable to collect the samples for
					 testing before the projected harvest date.
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 2 - Grower Registration › 11 AAC 40.275 - Pre-harvest testing

Current through May 31, 2024
(a) The division will schedule with the
				  registered grower a time for the division or an authorized representative of
				  the division to conduct pre-harvest sample collections.
(b) The registrant or the registrant's agent
				  shall be present at the grow site during sample collection by the division or
				  may waive in writing the right to be present. The registrant shall provide to
				  the division complete access to all industrial hemp, whether growing or stored,
				  and all structures and locations listed on the registrant's
				  application.
(c) Based upon the
				  availability of division personnel the division or representatives of the
				  division will sample grow areas identified in a registrant's pre-harvest report
				  and may sample other portions of the grow areas randomly.
(d) The division or representatives of the
				  division collecting or transporting the samples from a harvest lot or random
				  sampling area have the legal right to possess and retain the sample and to
				  transport it to a laboratory for analysis.
(e) The registrant shall be responsible for
				  the cost of sampling, as set out in
				  11 AAC 40.100(11). Any sample taken by the
				  division for testing is property of the division.
Authority:
AS
						03.05.010
AS 03.05.040
AS 03.05.076
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.280 - Post-harvest testing

Current through May 31, 2024
(a) If the registered grower is informed in
				  writing that the registrant may harvest industrial hemp from a harvest lot
				  before division sampling and testing, the registrant may proceed with the
				  harvest.
(b) The division will
				  schedule with the registrant a time for the division or an authorized
				  representative of the division to conduct post-harvest sample collections.
(c) The registrant or the
				  registrant's agent shall be present during sample collection by the division or
				  may waive in writing the right to be present. The registrant shall provide to
				  the division complete access to all industrial hemp, whether growing or stored,
				  and all structures and locations listed on the registrant's
				  application
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 2 - Grower Registration › 11 AAC 40.285 - Sampling and harvesting of industrial hemp within delta-9-THC limitations

Current through May 31, 2024
(a) If pre-harvest
				  testing confirms delta-9-THC levels in the harvest lot of not more than 0.3
				  percent, the registered grower may harvest each tested lot from which the
				  sample was derived and further store or transport the industrial hemp for
				  compensation or processing in compliance with
				  11 AAC 40.710. A harvest is
				  subject to the following requirements:
(1) a
				  registered grower shall harvest a tested lot not later than 15 calendar days
				  after the division's sample collection date;
(2) if conditions do not allow the registrant
				  to harvest not later than 15 calendar days after the sample collection, the
				  division may order additional testing of the lot or provide written
				  authorization to harvest the crop by a specific date, with or without further
				  testing being required.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.290 - Sample results in excess of delta-9-THC limitations

Current through May 31, 2024
(a) If a pre- or
				  post-harvest sample tests greater than 0.3 percent delta-9-THC, the tested lot
				  must be destroyed, unless reconditioning is permitted under (b) of this
				  section.
(b) If a sample tests
				  greater than 0.3 percent delta-9-THC but not greater than 1.0 percent
				  delta-9-THC, the division will issue a notice of violation. The registered
				  grower may elect to recondition the failing lot with another lot within testing
				  levels in an attempt reduce the delta-9-THC of the reconditioned lots to not
				  more than 0.3 percent. The registrant is responsible for sampling costs, set
				  out in 11 AAC 40.100(11), and testing costs of the reconditioned lots. If the
				  reconditioned lots still exceed the 0.3 delta-9-THC or if the registrant
				  chooses not to recondition the lot, the registrant shall destroy the hemp in
				  compliance with 11 AAC 40.665.
(c)
				  If a pre- or post-harvest sample tests in excess of 1.0 percent delta-9-THC
				  levels, the division will issue a notice of violation, order the destruction of
				  the harvest lot in compliance with 11 AAC 40.665, and notify the Department of
				  Public Safety and the Marijuana Control Board of the notice of
				  violation.
Authority:
AS
						03.05.010
AS
						03.05.076
AS
						03.05.077
AS
						03.05.079
AS
						03.05.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 2 - Grower Registration › 11 AAC 40.295 - Post-harvest reports

Current through May 31, 2024
(a) A registered grower must submit to the
				  division, by mail or electronic mail, a post-harvest report on a form
				  prescribed by the division, not later than 90 calendar days after receiving
				  sampling results from the division.
(b) The report must include the following
				  information:
(1) identification of the lot
				  and grow area harvested by cross streets and GPS coordinates, as
				  applicable;
(2) the quantity of the
				  industrial hemp harvested or destroyed;
(3) the testing results for the sample of the
				  harvest lot;
(4) the disposition of
				  the harvest lot, including if the lot is being stored on site; and
(5) documentation of all persons who provided
				  compensation for the harvested lot, of all persons who were offered the
				  harvested lot free of charge, or of each registered processor to whom the
				  harvested lot was provided.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 3 - Processor Registration › 11 AAC 40.300 - Processor registration required

Current through May 31, 2024
A person may not process industrial hemp from its raw form
					 into any other form, unless the person has obtained a processor registration
					 from the division in compliance with this chapter or is operating under a
					 registration subject to 11 AAC 40.300 - 11 AAC 40.335.
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 3 - Processor Registration › 11 AAC 40.305 - Processor registration; privileges and prohibited acts

Current through May 31, 2024
(a) A registered processor is authorized to
				  do the following, in compliance with this chapter:
(1) purchase and store raw industrial hemp
				  for processing at the locations identified in the processor
				  registration;
(2) process
				  industrial hemp;
(3) receive
				  compensation for raw industrial hemp as permitted for registered growers under
				  11 AAC 40.205(a)(4);
(4) provide samples of processed industrial
				  hemp or industrial hemp products to the division for sampling and
				  testing;
(5) conduct in-house
				  testing for the processor's own use;
(6) store processed hemp or hemp products at
				  the locations identified in the processor registration;
(7) transport industrial hemp or industrial
				  hemp products in compliance with
				  11 AAC 40.710; and
(8) receive compensation for processed
				  industrial hemp or industrial hemp products from a processor or retailer
				  registered under
				  11 AAC 40.300 -
				  11 AAC 40.335 or
				  11 AAC 40.500 -
				  11 AAC 40.525.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 3 - Processor Registration › 11 AAC 40.310 - Processor registration application

Current through May 31, 2024
In addition to the information set out under 11 AAC 40.050,
					 an applicant for a processor registration must submit the following:
(1) a physical description of the processing
				  facility;
(2) a depiction on the
				  map required under 11 AAC 40.050(b)(5) of where industrial hemp will be stored
				  or processed;
(3) if available at
				  the time of application, a list of sources of raw industrial hemp;
(4) for applicants who intend to extract
				  cannabinoids and terpenoids from hemp, a description of the proposed extraction
				  processes and of safety measures provided to protect employees, agents, and the
				  public from the dangers associated with the extraction process; and
(5) a statement of the intended end use or of
				  the disposal of the hemp plant or plant pails not used tor
				  processing.
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 3 - Processor Registration › 11 AAC 40.315 - Extraction methods

Current through May 31, 2024
(a) A registered processor may only create
				  hemp-based extracts utilizing the following methods:
(1) the following non-hydrocarbon
				  extractions:
(A) cold or hot potable water
				  filtration;
(B)
				  isopropanol;
(C) ethanol;
(D) carbon dioxide;
(E) dry ice;
(F) dry shifting or sieve; or
(G) another method, only when preapproved in
				  writing by the division; or
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 3 - Processor Registration › 11 AAC 40.320 - Testing

Current through May 31, 2024
(a) For any processed hemp intended for human
				  or animal consumption, each batch shall be tested in accordance with
				  11 AAC 40.600 -
				  11 AAC 40.665.
(b) The testing under (a) of this section
				  must be completed by the division or by a testing facility authorized by the
				  division at the expense of the registered processor before packaging,
				  transporting, or making the hemp product available for sale.
(c) The division or authorized
				  representatives of the division may also conduct random sampling and testing of
				  industrial hemp products or sampling of suspected materials unannounced, at any
				  time during the normal business hours of the registered processor. Any sample
				  taken by the division under this section is the property of the division. At
				  the time of inspection, the division or the division's authorized
				  representative will have complete and unrestricted access to all industrial
				  hemp, industrial hemp materials, and industrial hemp products and all land,
				  buildings, and structures listed on the application or registration used to
				  process or store hemp or hemp products.
Authority:
AS
						03.05.010
AS 03.05.030
AS 03.05.040
AS 03.05.050
AS 03.05.076
AS
						03.05.079
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 3 - Processor Registration › 11 AAC 40.325 - Test results

Current through May 31, 2024
The division will notify the registered processor in
					 writing of test results of any solvents, heavy metals, microbials, or
					 pesticides found during testing.
Authority:
AS
						03.05.010
AS 03.05.040
AS 03.05.050
AS 03.05.076
AS 03.05.079
AS
						03.05.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 3 - Processor Registration › 11 AAC 40.330 - Records

Current through May 31, 2024
(a) A registered processor shall keep records
				  of all industrial hemp obtained for the purpose of processing for each
				  registered year, including
(1) the date the
				  industrial hemp was received;
(2)
				  the quantity received;
(3) an
				  identifying harvest lot number;
(4)
				  the name, telephone number, mailing address, and electronic mail address of the
				  seller or supplier of the hemp; and
(5) the cross streets, if applicable, and GPS
				  coordinates of the grow site for the supplied hemp.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 40 - Industrial Hemp › Article 3 - Processor Registration › 11 AAC 40.335 - Production reports

Current through May 31, 2024
(a) A registered
				  processor shall submit a completed production report for each registration term
				  not later than 20 calendar days before the expiration of the registration
				  term.
(b) The report must contain
(1) the quantity of the industrial hemp
				  processed;
(2) the type and
				  quantity of products produced;
(3)
				  identification of the lot and batch numbers processed; and
(4) the disposition of all raw and processed
				  industrial hemp.