ATCP 22.11 Sampling and testing costs. The department shall invoice the licensed grower $250 for each sample collected under s. ATCP 22.09 and tested under s. ATCP 22.10 to cover the actual costs of sampling and testing. The licensed grower shall pay all invoices within 30 days. Any grower with an unpaid invoice beyond 30 days may have its license suspended by the department until payment is received. ATCP 22.12 Fit for commerce certification.
(1) All industrial hemp fields and varieties must be sampled and tested prior to harvest. All licensed growers shall obtain a fit for commerce certificate for each field and variety of industrial hemp prior to the industrial hemp being transported off the field or facility to a licensed processor. The department will issue a fit for commerce certificate following a successful test showing the delta-9-THC concentration is at 0.3 percent or below.
(2) No licensed processor may acquire or process industrial hemp without acquiring a legible copy of all fit for commerce certificates issued to the licensed grower with whom the processor conducts business and specific to the industrial hemp purchased.
(3) Industrial hemp plants, pieces or parts from different fields or registered land areas may not be combined into one lot until a fit for commerce certificate for each field or registered land area is issued.
(4) Any harvested industrial hemp found in Wisconsin without a fit for commerce certificate is subject to seizure by the department. Any such material is subject to destruction at the licensee's expense, and may result in suspension or revocation of the license.
ATCP 22.13 Transporting.
(1) A licensee may not transport industrial hemp from a field or facility until the licensee obtains a fit for commerce certificate. A licensed grower or licensed processor transporting industrial hemp must have all of the following in its possession:
(a) A copy of its grower license or processor license.
(b) A fit for commerce certificate as required under s. ATCP 22.12. (2) A person contracted to transport industrial hemp from a licensed grower or a licensed contractor must have all of the following in its possession:
(a) A copy of the grower license or processor license that designates the owner of the industrial hemp being transported.
(b) A fit for commerce certificate as required under s. ATCP 22.12. ATCP 22.14 Compliance with other laws. All licensees must comply with all applicable federal, state, and local laws. It is the responsibility of the licensee to understand and comply with all federal and state regulations.
ATCP 22.15 Enforcement and penalties. A person who violates this chapter is subject enforcement action under this chapter and s. 94.55, Stats., and penalties under s. 94.55(4), Stats. EFFECTIVE DATE: This emergency rule takes effect upon publication and remains in effect until July 1, 2020, or the date on which permanent rules take effect, whichever is sooner as provided in 2017 Wisconsin Act 100, section 15 (2). Dated this 5th day of March, 2018.
State of Wisconsin
Department of Agriculture, Trade and Consumer Protection
_______________________________
By Sheila E. Harsdorf, Secretary
