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-57.013 - Industrial Hemp Pilot Project

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant
				to Section 1004.4473, F.S., and in
				accordance with 7 U.S.C.
				Section 5940, the Department shall authorize
				and oversee the development of Industrial Hemp Pilot Projects (Pilot Project)
				for the Institute of Food and Agricultural Sciences at the University of
				Florida, Florida Agricultural and Mechanical University, and any Florida
				College System institution or state university that has an established
				agriculture, engineering, or pharmacy program. Section
				1004.4473(2)(a),
				F.S., provides that the purpose of the Pilot Project is to cultivate, process,
				test, research, create, and market safe and effective commercial agricultural
				applications for Industrial Hemp (
Cannabis sativa
), which is a
				potentially invasive plant species and is a threat to the plant life of this
				state if not properly controlled. The definitions provided in Section
				1004.4473, F.S., shall apply to
				this rule.
(2) An institution or
				university shall not cultivate Industrial Hemp pursuant to Section
				1004.4473, F.S., except under an
				Industrial Hemp Special Permit issued by the Department's Division of Plant
				Industry.
(a) An institution or university
				seeking an Industrial Hemp Planting Permit shall submit an Industrial Hemp
				Pilot Project Proposal that consists of the following information:
1. A description of the scope, design, and
				objectives of the proposed Pilot Project.
2. A description of the varieties of
				Industrial Hemp that will be used in the project and a plan that shall ensure
				that all seed for cultivation of Industrial Hemp shall be:
a. Accompanied by documentation that the crop
				from which the seed were harvested had a THC analysis of 0.3% or less by dry
				weight.
b. Tagged with a
				certification statement providing the variety, origin, and quantity on each
				separate container of seed.
3. A list of Qualified Program Personnel and
				institution or university staff involved in the proposed Pilot Project,
				including the institution or university employee that will be designated as the
				lead oversight manager. The institution or university shall provide the work
				address, phone numbers, and email for the oversight manager. The institution or
				university shall also describe how it intends to meet the requirements of
				Section 1004.4473(5)(b),
				F.S.
4. A description of the
				proposed facility location(s) by address and GPS coordinates and security
				measures. The institution or university shall provide a detailed aerial map of
				the research, cultivation, processing, and testing facility location(s),
				identifying research plots, limited and general access areas, buildings (with a
				description of the activities conducted within each), boundaries, and security
				measures to prevent access by unauthorized parties.
5. An Environmental Containment Plan for each
				proposed facility location, which must include the following:
a. A containment system of traps, filters,
				silt fences or berms, or a fallow area consisting of bare earth or ground cover
				to prevent the Industrial Hemp from spreading through ditches, natural
				waterways, or other drainage.
b.
				The use of dedicated equipment for the facility or a plan to clean any
				equipment used on the site of all debris before it is moved from the
				property.
c. A transportation and
				movement plan that ensures that the Industrial Hemp (at all grow stages) is
				covered and moved in full containment during transport from noncontiguous
				locations.
d. A detailed statement
				of the estimated costs of removing and destroying the plants prior to vacating
				the property or ending production.
6. A plan to maintain the chain of control of
				Hemp Material for the proposed Pilot Project, to provide a testing schedule to
				ensure Hemp Material does not exceed 0.3% concentration of THC at harvest, and
				to provide a destruction process for any Hemp Material that does not comply
				with the requirements of this rule or Section
				1004.4473, F.S.
7. A plan to perform an economic impact
				analysis of the proposed Pilot Project on the state's agricultural sector,
				including a measure of the direct, indirect, and induced fiscal impact of the
				proposed Pilot Project.
8. A
				genetic research plan to ensure that any psychotropic compounds will not be
				synthesized.
9. A description of
				how the proposed Pilot Project will maintain compliance with other applicable
				state and federal laws. The institution or university shall identify the
				applicable laws based on the design of their projects.
10. Written authorization from the
				institution or university's board of trustees authorizing the proposed Pilot
				Project.
11. If the proposed Pilot
				Project will be conducted on non-state owned lands, proof that the institution
				or university has written permission from the land owner to utilize the land
				for Industrial Hemp plantings for the duration of the life of the proposed
				Pilot Project.
12. Pursuant to
				Section 581.083(4)(a)1., F.S., if an institution or university plans to
				cultivate industrial hemp in a planting greater than two contiguous acres, then
				the institution or university must submit proof of a bond or certificate of
				deposit as described in subsection
				5B-57.011(3),
				F.A.C. The institution or university shall provide proof of each bond or
				certificate of deposit by submitting with the Pilot Project Proposal either the
				form entitled Non-Native Species Planting Bond, FDACS 08439 (Rev. 01/13), as
				incorporated in Rule 5B-57.011, F.A.C., or Assignment
				of Certificate of Deposit for Non-Native Species Planting, FDACS 08440 (Rev.
				01/13), as incorporated in Rule
				5B-57.011, F.A.C., as
				appropriate.
13. A list of entities
				that the institution or university plans to collaborate with as Qualified
				Project Partners and a detailed description of how the entities meet the
				requirements set forth in Section
				1004.4473(1)(f),
				F.S., which must include the following:
a.
				Proof that the entity has a principal place of business in Florida.
b. Proof that the entity has access to a grow
				site in Florida, which may be the same grow site that the partnering
				institution or university plans to use for the Pilot Project, and a detailed
				description of how the grow site is acceptable for the cultivation, processing,
				and manufacturing of industrial hemp and hemp products.
c. Proof that the entity has access to a
				research facility in Florida, which may be the same research facility the
				partnering institution or university plans to use for the Pilot Project, and a
				detailed description of how the research facility is acceptable for the
				cultivation, processing, and manufacturing of industrial hemp and hemp
				products.
d. A copy of the
				comprehensive business or research plan that was submitted to the partnering
				institution or university.
e. A
				detailed description of the entities' prior experience in or knowledge of, or
				demonstrated interest in and commitment to, the cultivation, processing,
				manufacturing, or research of industrial hemp.