Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-19 - Post-harvest inspection; sample collection; testing and post-testing actions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee
			 shall allow the department to inspect and sample industrial hemp plants, plant
			 parts, grain, or seeds any time after the industrial hemp plants, plant parts,
			 grain, or seeds have been harvested. The initial post-harvest sample shall not
			 require an additional sampling fee or testing fee.
(b) A licensee, whether present or not, shall
			 permit representatives of the department complete, unrestricted, and immediate
			 access to all industrial hemp plants, plant parts, grain, and seeds and all
			 locations, buildings, and motor vehicles listed on the license. Access shall be
			 granted at reasonable times, without interference or obstruction, with or
			 without cause, and with or without advance notice.
(c) Any primary licensee may request
			 collection of a sample from each research area listed on the license. Each
			 sample collected shall be subject to the sampling and testing fees required by
			 K.A.R. 4-34-12.
(d) Based on the
			 results of the testing, one of the following shall apply:
(1) A sample containing a delta-9
			 tetrahydrocannabinol concentration of 0.3 percent or less on a dry-weight basis
			 shall result in the issuance of a passing report of analysis and shall list
			 each research area from which the sample was taken. Each passing report of
			 analysis shall identify the harvest certificate or bill of lading that
			 accompanied the industrial hemp plants, plant parts, grain, or seeds
			 sampled.
(2) A sample containing a
			 delta-9 tetrahydrocannabinol concentration of higher than 0.3 percent on a
			 dry-weight basis shall result in the issuance of a failing report of analysis
			 and shall list each research area from which the sample was taken.
(A) Within seven days of issuance of a
			 failing report of analysis, the primary licensee may request that the
			 department either collect a subsequent post-harvest sample or destroy all
			 plants, plant parts, grain, or seeds located in each research area that was
			 sampled and identified on the failing report of analysis.
(B) A subsequent post-harvest sample
			 requested by the primary licensee and found to contain a delta-9
			 tetrahydrocannabinol concentration of higher than 0.3 percent on a dry-weight
			 basis shall result in the issuance of a failing report of analysis. Within
			 seven days of issuance of the failing report of analysis, a licensee listed on
			 the primary licensee's research license application licensee shall destroy all
			 plants, plant parts, grain, or seeds that are located in each research area
			 that was sampled and identified in the failing report of analysis.
(C) If any sample is found to contain a
			 delta-9 tetrahydrocannabinol concentration of higher than 0.3 percent on a
			 dry-weight basis, the testing results and the location of each sampled research
			 area may be referred to the Kansas bureau of investigation and other
			 appropriate law enforcement agencies for further investigation.
(D) If any sample is found to contain a
			 delta-9 tetrahydrocannabinol concentration of 2.0 percent or higher on a
			 dry-weight basis, the testing results and the location of each sampled research
			 area shall be referred to the Kansas bureau of investigation and other
			 appropriate law enforcement agencies for further investigation.