(d) A licensee shall not utilize field locations or additional acreage prior to receiving an amended license.
(e) If a licensee that is a business entity changes the individual who will be primarily responsible for participation in the pilot program, the licensee must pay the actual cost for a background check for the new contact.
(8) Denying a license. The department shall deny a grower license or processor license to any applicant if the applicant does any of the following:
(a) Fails to provide all required information or the initial application fee. A license may be issued at the department’s discretion if the applicant provides the required information and fees.
(b) Fails the state and federal criminal background check required under sub. (5), as determined by the department.
(9) Suspending a grower license or a processor license. (a) The department may suspend a grower license or processor license if the licensee does any of the following:
1. Fails to submit a complete final production report by December 15 of each year.
2. Fails to pay invoiced fees for the current growing year or the registration fee for the following growing year by December 31.
(b) A person whose grower license or processor license is suspended shall not grow, process, or remove industrial hemp or other cannabis from the premises where it was located at the time the department issued the notice of suspension, except as authorized in writing by the department.
(c) A suspended grower license or processor license can be restored at the department’s discretion.
(10) Revoking a license. The department may revoke a grower license or processor license if a grower license or processor license holder does any of the following:
(a) Is convicted of a criminal violation of the federal Controlled Substances Act under 21 USC 801 to 971, ch. 961, Stats., or any controlled substances law of another state. (b) Engages in any activities prohibited under this chapter, s. 94.55 Stats., or a research agreement. (c) Makes any false statement related to the licensee’s participation in the industrial hemp pilot program to the department or its representative.
(d) Fails to comply with any requirement of this chapter, s. 94.55 Stats., or a research agreement. (e) Fails to comply with any instruction or order related to the licensee’s participation in the industrial hemp pilot program from the department or any law enforcement officer.
(11) Operating without a grower license or processor license. Any person found to be growing or processing industrial hemp without an industrial hemp grower license or processor license shall be prohibited from obtaining a license during that growing year and the crop shall be destroyed. A person may also be subject to enforcement and penalties under s. 94.55 Stats. ATCP 22.04. Annual registration
(1) Licensed growers shall pay a registration fee of $350 to the department by December 31 of the year prior to each year in which the licensed grower plans to plant, grow, and cultivate industrial hemp. For the 2018 growing season, applicants shall pay the registration fee by May 1, 2018.
(2) Licensed processors shall pay a registration fee of $100 to the department by December 31 prior to each year in which the licensed processor plans to operate. For the 2018 growing season, applicants shall pay the registration fee by May 1, 2018.
ATCP 22.05. Reporting and records
(1) Reporting requirements. (a) A licensed grower shall submit the following reports on forms provided by the department or in a manner specified by the department, by the due date specified by the department:
1. A planting report shall be submitted to the department by July 1 of each year or within 30 days of planting, whichever is earlier.
2. A final production report shall be submitted by December 15 of each crop year.
3. Any other reports requested by the department.
(b) A licensed processor shall submit to the department by December 15 of each year a report that includes the quantity of industrial hemp received from licensed growers and the licensed processor’s intended markets for all industrial hemp received.
(c) All reports required under sub. 1, shall be derived from the records required in sub. 2.
(2) Records. (a) All licensed growers and licensed processors shall complete and maintain required records and reports for a period of 3 years from the conclusion of the growing season.
(b) All licensed growers shall maintain records of all of the following:
1. Seed source
2. Seed variety
3. Agronomic and production information related to soils, planting, crop development, weeds, weather, pesticide and fertilizer applications, and harvest.
4. Copy of fit for commerce certificate for each field and variety.
5. Name and address of processor or processors where industrial hemp was sent for processing.
6. If the industrial hemp was not processed, a description of the process that was used to destroy or dispose of the industrial hemp.
(c) All licensed processors shall maintain the following records:
1. Sources of industrial hemp including license numbers and quantities purchased.
2. Names and addresses of recipients of processed industrial hemp, and quantities sold.
ATCP 22.06. Handling. A licensee shall ensure that all equipment used in the growing or processing of industrial hemp is cleaned to avoid inadvertent dissemination of industrial hemp. All hemp seed shall be secured during transport to avoid inadvertent dissemination of industrial hemp.
ATCP 22.07 Hemp seed and clones and seed certification.
(1) Hemp seed varieties. Except as authorized under subs. (4) and (5) , all hemp seed varieties grown in the industrial hemp research and pilot program must be seed varieties found on either the current Health Canada List of Approved Varieties or the current Organization for Economic Cooperation and Development (OECD) List of Varieties Eligible for Seed Certification: Crucifers and Other Oil or Fibre Species. The most recent version of each list can be found at www.canada.ca/en/health-canada.html and www.oecd.org/tad/code/seeds.htm. (2) Hemp clones. All hemp clones must originate from hemp seed varieties in (1).
(3) Hemp seed certification. Grower licensees can cultivate foundation, registered, or certified hemp seed for certified seed production in Wisconsin if they have the written consent of the variety owner, and are officially registered with the Wisconsin Crop Improvement Association (WCIA) and working under its guidance.
(4) Seed variety breeding authorization. Research proposals to develop a new seed variety not authorized in sub. (1) must receive approval from the department. Research proposals can be submitted in writing to the department at DATCPIndustrialHemp@Wisconsin.gov. (5) Exceptions. Requests to plant, grow or cultivate hemp clones or hemp seed varieties not covered in sub. (1) must be authorized in advance of planting by the department. Requests should be submitted in writing to the department at DATCPIndustrialHemp@Wisconsin.gov ATCP 22.08 Inspections. The department may at any time and without notice conduct inspections of growing sites, fields, processing facilities, conditioning plants, storage locations and any other location associated with industrial hemp activities.
ATCP 22.09 Sampling. Each registered field and plant variety shall be sampled by the department to verify delta-9-THC level compliance. Each licensed grower shall notify the department at least 30 days before the date the licensed grower intends to begin harvesting. Sampling and testing will take place at times and on dates determined by the department.
ATCP 22.10 Testing.
(1) Method. All plant samples will be analyzed for delta-9-THC levels, as a percentage of dry weight, by high performance liquid chromatography test. Delta-9-THC concentration is reported to approximately 0.002 percent reporting limit by weight (dependent on the exact mass of the testing sub-sample) prior to harvest. The department will round all test results down to the nearest tenth of a percent for the final determination.
(2) Initial test. Industrial hemp will be tested in a department or contracted laboratory as determined by the department using testing methods approved by the department. A written laboratory analysis of each test will be provided to the licensed grower by the department.
(3) Failed initial test. If the laboratory analysis of the official plant sample results in a delta-9-THC concentration above 0.3 percent, it is a failed test.
(4) Re-test. In the event of a failed initial test with a delta-9-THC concentration between 0.3 percent and 1 percent, the licensed grower may request a re-test of the original sample or that a new sample be taken. All re-test sampling and testing is at the expense of the licensee. Only 1 re-test per field or variety is permitted.
(5) Failed re-test. If a final lab analysis of a delta−9−THC level finds the concentration of delta-9-THC on a dry weight basis exceeds 0.3 percent the entire crop on the field where the sample was collected shall be destroyed by the licensed grower within 10 days.
(6) Field destruction. The department will conduct an inspection to verify that the crop was destroyed as required under sub. (5). If the crop has not been destroyed, the department may destroy the crop and invoice the licensed grower for all costs associated with destruction.
