Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-17 - Pre-harvest and harvest requirements; harvest certificates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each primary licensee shall notify the
			 department of every intended harvest date in a pre-harvest report at least 30
			 days before each intended harvest date. Each primary licensee shall immediately
			 notify the department regarding a change to any date previously reported to the
			 department if the change to the harvest date is five or more days. Additional
			 sampling and testing may be required by the department as a result of any
			 change to the harvest date of five or more days.
(b) If two or more harvests will be conducted
			 from the same research area within a license year, the primary licensee shall
			 notify the department of each intended harvest date at least 30 days before
			 each intended harvest date. The primary licensee shall pay a subsequent
			 sampling fee and testing fee for each harvest conducted after the initial
			 harvest of a research area.
(c) No
			 more than 15 days before any industrial hemp plants, plant parts, grain, or
			 seeds are cut, picked, collected, or otherwise harvested, each licensee shall
			 allow a sample to be collected by the department for testing as specified in
			 K.A.R. 4-34-18. The initial pre-harvest sample shall not require an additional
			 sampling fee or testing fee.
(d)
			 Before harvesting any industrial hemp plants, plant parts, grain, or seeds, the
			 licensee shall be required to receive a passing report of analysis from the
			 department. After issuance of a passing report of analysis from the department,
			 the licensee shall have 10 days to fully harvest the industrial hemp plants,
			 plant parts, grain, or seeds, unless otherwise authorized in writing by the
			 secretary.
(e) If a licensee fails
			 to fully harvest the industrial hemp plants, plant parts, grain, or seeds
			 within 10 days after issuance of the passing report of analysis, the primary
			 licensee shall perform one of the following:
(1) Notify the department within seven days
			 after the expiration of the 10-day harvest period of the intended second
			 harvest date, request that the department collect a subsequent pre-harvest
			 sample, and pay the required sampling and testing fees; or
(2) notify the department within seven days
			 after the expiration of the 10-day harvest period of the intended date by which
			 the licensee shall destroy the industrial hemp plants, plant parts, grain, or
			 seeds. The primary licensee shall notify the department of any change in the
			 destruction date.
Destruction of industrial hemp plants, plant parts, grain, or
				seeds shall occur by an individual listed on the primary licensee's research
				license application and at the primary licensee's expense. All volunteer plants
				shall be destroyed during the current license year and for at least three years
				after the last reported date of planting. If destruction of industrial hemp
				plants, plant parts, grain, or seeds occurs, no refund shall be issued for any
				fees paid by a primary licensee.