Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-16 - Voluntary withdrawal; voluntary partial destruction

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any licensee may voluntarily withdraw
			 from the pilot program after providing the department with written notice of
			 the intent to do so. Notice shall be provided at least 30 days before the
			 intended withdrawal date, except with prior written approval from the
			 department. If a licensee listed on a primary licensee's research license
			 application withdraws from the pilot program, the primary licensee shall modify
			 each license as specified in K.A.R. 4-34-13.
(b) If a primary licensee voluntarily
			 withdraws from the pilot program, all industrial hemp plants, plant parts,
			 grain, or seeds being cultivated, planted, grown, handled, harvested,
			 conditioned, stored, distributed, transported, or processed pursuant to the
			 licensee's license shall be destroyed and all licenses issued pursuant to the
			 research license application shall be surrendered. Each primary licensee who
			 voluntarily withdraws from the pilot program shall provide the department at
			 least 15 days' notice of the date and time the primary licensee intends to
			 destroy the industrial hemp plants, plant parts, grain, or seeds pursuant to
			 that individual's license and shall notify the department of any change in the
			 destruction date or time.
(c) If a
			 primary licensee notifies the department of the intent to withdraw from the
			 pilot program but fails to destroy all industrial hemp plants, plant parts,
			 grain, or seeds being cultivated, planted, grown, handled, harvested,
			 conditioned, stored, distributed, transported, or processed pursuant to that
			 individual's license within 15 days of the intended destruction date, the
			 license of the primary licensee and each license issued pursuant to the
			 research license application may be revoked and all industrial hemp plants,
			 plant parts, grain, or seeds being cultivated, planted, grown, handled,
			 harvested, conditioned, stored, distributed, transported, or processed as part
			 of the primary licensee's research shall be destroyed at the primary licensee's
			 expense.
(d) Any primary licensee
			 conducting research pursuant to a research grower license may voluntarily
			 destroy any industrial hemp plants being cultivated, planted, or grown in a
			 portion of any research area without withdrawing from the pilot program. Each
			 primary licensee conducting research pursuant to a research grower license who
			 intends to destroy the industrial hemp plants being cultivated, planted, or
			 grown in any research area listed on that individual's license shall provide
			 the department at least 15 days' notice of the date and time of destruction and
			 shall notify the department of any change in the destruction date or
			 time.
(e) Each primary licensee
			 that has been issued a failing report of analysis shall comply with the
			 destruction requirements in K.A.R. 4-34-18 and K.A.R. 4-34-19, as
			 applicable.
(f) Representatives of
			 the department or law enforcement may be present during any destruction of
			 industrial hemp plants, plant parts, grain, or seeds, or proof of the
			 destruction may be required by the department.
(g) Each primary licensee who destroys any
			 industrial hemp plants being cultivated, planted, grown, handled, harvested,
			 conditioned, stored, distributed, transported, or processed pursuant to that
			 individual's license shall, within 15 days after the destruction, notify the
			 department in writing of the number of acres of industrial hemp plants, plant
			 parts, grain, or seeds that were planted in each research area and the number
			 of acres destroyed in each research area.
(h) Upon destruction of any industrial hemp
			 plants, plant parts, grain, or seeds, all volunteer plants shall also be
			 destroyed during the current license year and for at least three years after
			 the last date of planting reported to the department.
(i) Voluntary destruction of industrial hemp
			 plants, plant parts, grain, or seeds shall be performed by a licensee listed on
			 the research license application of the primary licensee and shall be at the
			 primary licensee's expense. If the destruction of industrial hemp plants, plant
			 parts, grain, or seeds occurs, the licensee shall not be eligible for a refund
			 of any fees paid by a primary licensee.