Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 50 - Industrial Hemp › Section 302 KAR 50:056 - Sampling and THC testing; disposal of non-compliant harvests; post-testing actions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B, 260.850-260.869,
				7 U.S.C.
				1639p,
				7
				C.F.R. Part 990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.862(1) authorizes the
				department to promulgate administrative regulations for a Hemp Licensing
				Program in the Commonwealth of Kentucky.
				KRS
				260.862(1)(a) authorizes the
				department to license persons who wish to participate in a Hemp Licensing
				Program by cultivating, handling, processing, or marketing hemp.
				KRS
				260.862(1)(c) authorizes the
				department to prescribe sampling and testing procedures to ensure that hemp and
				hemp products cultivated, handled, processed, or marketed do not exceed the
				federal law. This administrative regulation establishes procedures and
				requirements for sampling and THC testing, and establishes procedures for the
				movement or disposal of hemp following the completion of THC testing.
Section 1. Definitions.
(1) "Acceptable Hemp THC Level" means the sum
			 of the Measurement of Uncertainty plus the 0.300% delta-9-THC limit on a dry
			 weight basis established in federal law,
			 7
			 U.S.C. 1639, and KRS Chapter 260.
(2) "Cannabis":
(a) Means the plant that, depending on its
			 THC concentration level, is defined as either "hemp" or "marijuana." Cannabis
			 is a genus of flowering plants in the family Cannabaceae of which Cannabis
			 sativa is a species, and Cannabis indica and Cannabis ruderalis or subspecies
			 thereof. Cannabis includes all parts of the plant, whether growing or not,
			 including its seeds, resin, compounds, salts, derivatives, and extracts;
			 and
(b) Does not mean a "publicly
			 marketable hemp product," as defined by 302 KAR 50:021, Section
			 1(37).
(3) "CBD" means
			 cannabidiol.
(4) "Certified seed":
(a) Means the progeny of breeder, foundation,
			 or registered seed handled to maintain satisfactory genetic purity and varietal
			 identity and certified to AOSCA (Association of Official Seed Certifying
			 Agencies) standards and having an official AOSCA seed label; and
(b) Does not include a state's THC compliance
			 verification program.
(5) "Decarboxylated" means the completion of
			 the chemical reaction that converts delta-9-THC-acid into delta-9-THC, the
			 intoxicating component of cannabis. The decarboxylated value is also calculated
			 using a conversion formula that sums delta-9-THC and eighty-seven and seven
			 tenths (87.7) percent of delta-9-THC-acid.
(6) "Delta-9-THC" means
			 delta-9-tetrahydrocannabinol concentration (the primary intoxicating component
			 of cannabis). For compliance purposes, all delta-9-THC concentrations are
			 measured post- decarboxylation or by another method which includes both
			 delta-9-THC and delta-9-THCA (also known as total THC).
(7) "Department" or "KDA" is defined by
			 KRS
			 260.850(3).
(8) "Hemp" or "industrial hemp" is defined by
			 KRS
			 260.850(5).
(9) "Hemp transplants" means hemp seedlings,
			 rooted cuttings, immature plants produced from tissue culture, or other means
			 of reproduction, which are not harvested, but transplanted into a large
			 container or field to mature for harvest. The movement of transplants from
			 their original location to the crop production location is not considered a
			 harvest.
(10) "Inspector" means an
			 employee or other representative of the department who has been properly
			 trained by the department to collect samples and perform inspections.
(11) "Lot" means a contiguous area in a
			 field, greenhouse, or indoor growing structure containing the same variety or
			 strain of hemp throughout.
(12)
			 "Measurement of uncertainty" means the parameter, associated with the result of
			 a measurement that characterizes the dispersion of the values that could
			 reasonably be attributed to the particular quantity subject to the
			 measurement.
(13) "MSU BVC" means
			 the Breathitt Veterinary Center at the Murray State University in
			 Hopkinsville.
(14) "Person" means
			 an individual or business entity.
(15) "Post-harvest sample" means a sample
			 taken from the harvested hemp from a particular lot's harvest in accordance
			 with the procedures as established in this administrative regulation. The
			 entire lot's harvest is in the same form (for example, intact-plant, or ground
			 materials), homogenous, and not mixed with non-hemp materials or hemp from
			 another lot.
(16) "Pre-harvest
			 sample" means a composite, representative portion from living plants in a hemp
			 lot collected in accordance with the procedures as established in this
			 administrative regulation.
(17)
			 "Program" means the department's Hemp Licensing Program.
(18) "Propagule" means a plant or plant part
			 that can be utilized to grow a new plant.
(19) "UK DRS" means the Division of
			 Regulatory Services at the University of Kentucky College of Agriculture, Food,
			 and Environment in Lexington.