2015 Kentucky Revised Statutes CHAPTER 260 - MARKETING OF AGRICULTURAL PRODUCTS 260.855 Rights and duties of industrial hemp grower licensee -- Operational procedures for licensed growers -- Standards for transporting industrial hemp off premises of licensed grower -- Seizure and disposal of hemp deemed contraband.
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260.855
Rights and duties of industrial hemp grower licensee -- Operational
procedures for licensed growers -- Standards for transporting industrial hemp
off premises of licensed grower -- Seizure and disposal of hemp deemed
contraband.
(1)
(2)
(3)
(4)
(5)
A person shall obtain an industrial hemp grower license pursuant to KRS 260.854
prior to planting or growing any industrial hemp in this state. An industrial hemp
grower license holder who has planted and grown industrial hemp pursuant to a
valid grower license may sell industrial hemp produced by the grower to any person
engaged in agribusiness or other manufacturing for the purpose of processing or
manufacturing that industrial hemp into hemp products.
A person granted an industrial hemp grower license shall:
(a) Maintain records that reflect compliance with KRS 260.850 to 260.869, and
with all other state laws regulating the planting and cultivation of industrial
hemp;
(b) Retain all industrial hemp production records for at least three (3) years;
(c) Allow industrial hemp crops, throughout sowing, growing, and harvesting, to
be inspected by and at the discretion of the commission or its designees, and
the Department of Kentucky State Police and other law enforcement officers;
(d) File with the commission documentation indicating that the industrial hemp
seeds planted were of a type and variety certified to have no more THC
concentration than that adopted by federal law in the Controlled Substances
Act, 21 U.S.C. secs. 801 et seq.;
(e) Notify the commission of the sale of any industrial hemp grown under the
license and the names and addresses of the persons to whom the industrial
hemp was sold; and
(f) Provide the commission with copies of any contracts between the licensee and
any person to whom industrial hemp was sold.
The commission shall assist the grower with his or her compliance with the
requirements of this section.
Any person licensed to grow industrial hemp under KRS 260.850 to 260.869 may
import and resell industrial hemp seed that has been certified as having no more
THC concentration than that adopted by federal law in the Controlled Substances
Act, 21 U.S.C. secs. 801 et seq.
(a) Only industrial hemp grower licensees or their designees or agents shall be
permitted to transport industrial hemp off the premises of the licensee.
(b) When transporting industrial hemp off the premises of an industrial hemp
grower licensee, the licensee or their designee or agent shall carry with them
the licensing documents from the commission, evidencing that the industrial
hemp was grown by a licensee and is from certified seed.
(c) Any industrial hemp that is found in this state at any location off the premises
of an industrial hemp grower licensee is deemed to be contraband and subject
to seizure by the commission, the Department of Kentucky State Police, or
(d)
any law enforcement officer, if the person in possession of the industrial hemp
does not have in his or her possession either:
1.
The proper licensing documents, as required by paragraph (b) of this
subsection; or
2.
A bill of lading, or other proper documentation, demonstrating that the
industrial hemp was legally imported or is otherwise legally present in
this state under applicable state and federal laws relating to industrial
hemp.
Any industrial hemp seized pursuant to paragraph (c) of this subsection shall
be disposed of in accordance with KRS 500.090.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 134, sec. 12, effective June 25, 2013.
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