This rule will impact persons who wish to grow and process hemp as part of the Hemp Program. Participation in the program is voluntary, although anyone wishing to grow or process hemp must participate, unless the person is operating under a USDA-approved tribal hemp plan. This rule maintains the existing fees, recordkeeping, and reporting requirements. Participants must continue to pay an initial license fee and an annual registration fee each year the licensee plans to operate. However, licensed processors do not pay an annual registration fee in the annual registration year in which they first obtain a processor license. This rule maintains the requirement for participants to prepare a research plan and submit a research agreement. Licensees will now be given the option of remediation, resampling, and retesting if their hemp is non-compliant. For the past two years, there has been a failure rate of approximately 10 percent of samples. In 2021, there is expected to be 1,030 samples of hemp, meaning 103 of those samples could fail and have the option to remediate, resample, and retest. All hemp must meet defined analytical standards before the Department will issue a fit for commerce certificate and the hemp can be transported from the growing location. This rule provides criteria for participants to obtain and maintain a license. The rule explains the criteria for suspending, revoking, or denying licensure.
A hemp grower who successfully plants, grows, and plans to harvest hemp must have the hemp sampled by the Department before the hemp can be harvested. A fit for commerce certificate must accompany hemp that is transporated from the growing location. The fit for commerce certificate is the documentation required by law that verifies that the hemp it accompanies is legally hemp. Sampling and testing must be completed before a fit for commerce certificate can be issued. A fit for commerce certificate will be issued for each lot that tests at or below 0.3 percent THC. A lot is a contiguous area of one variety or strain of hemp growing indoors or outdoors. A grower may have more than one lot and each lot must be sampled separately. The existing fee for sampling and testing of one lot is $250 per sample. The new fee for a remediation sample is $300. The new fee for a retest where a new sample is not required is $200.
Professional Skills Required
The proposed rule does not impose regulations that will require professional skills for small businesses.
Accommodation for Small Business
Many of the license applicants may be small businesses. This rule does not make special exceptions for small businesses.
Conclusion
This rule will have no adverse effect on businesses, including small businesses. Therefore, this emergency rule is not subject to the delayed small business effective date provided in Wis. Stat. s. 227.22 (2) (e). Dated this 15th day of April, 2021.
STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
By __________________________________
Sara Walling, Administrator
Division of Agricultural Resource Management
