Chapter Chapter 12. Hemp (Cannabis sativa L. Subsp. sativa) Seed Certification Standards

A. The General Seed Certification Standards provided in this Part apply to all crops, and together with the following specific standards constitute the certified Hemp standards. B. Definitions. The following definitions apply only to this Section. AOSCA—the Association of Officia…

A. Land Requirements 1. Hemp crops for Foundation and Registered classes shall not be grown on land which produced a hemp crop in any of the preceding 3 years. 2. Hemp crops for certified class shall not be grown on land which: i. Produced a certified crop of the same variety in …

A. Designation of Classes of Seed 1. Only the certified class is allowed for the production of feminized hemp seed, except for foundation class for the purpose of variety maintenance. 2. Feminized seed varieties must be produced from seed or clonal stocks approved by LDAF. These …

A. Classes and sources of certified vegetatively propagated planting stocks. 1. Mother Plant is a plant produced from a Breeder Plant Stock. 2. Certified Plants are plants produced from Mother Plants. 3. Certified plants may be used to produce certified stock when produced in a S…

A. General Hemp Transplant Standards 1. All certified transplants shall be produced from a class of certified seed or certified planting stock. 2. Proof of seed eligibility shall be established by providing to LDAF a certified label, issued by a member agency in good standing wit…

A. The Louisiana Department of Agriculture and Forestry adopts these regulations under the authority of R.S. 3:1461 et seq. for the purpose of regulation, licensure, and enforcement of the cultivation, processing, and handling of industrial hemp.

A. The provisions of R.S. 3:1462 relating to definitions, words, and terms are hereby incorporated by reference and made a part hereof and will therefore apply and govern the interpretation of these rules. Any word or term not defined in these rules shall have the same meaning as…

A. Each industrial hemp seed producer, grower, processor, or handler shall obtain a license from LDAF prior to engaging in the regulated activity. B. Each licensee shall be assigned a license number in the form prescribed by the USDA. C. The effective dates of all industrial hemp…

A. No person shall produce industrial hemp seed for planting purposes without first applying for and being granted a seed producer license from LDAF. B. A seed producer license issued by LDAF shall authorize the licensee to obtain, produce, transport, and sell industrial hemp see…

A. No person shall grow industrial hemp without first applying for and receiving an industrial hemp grower license from LDAF. B. A grower license issued by LDAF shall authorize the licensee to obtain industrial hemp seed, possess industrial hemp seed for planting, cultivate an in…

A. No person shall process industrial hemp into a non-consumable product without first applying for and receiving an industrial hemp processor license from LDAF. B. A processor license issued by LDAF shall authorize the licensee to possess, process, store, or transport industrial…

A. No person shall handle industrial hemp without first applying for and receiving an industrial hemp handler license from LDAF. B. A handler license issued by LDAF shall authorize the licensee to: 1. transport or deliver industrial hemp in intrastate commerce for compensation; 2…

NOTE: See §1305.H.1-2 for criminal conviction prohibitions regarding licensure A. The applicant for each seed producer, grower, processor, or handler license shall undergo and pay for a criminal background check in accordance with La. R.S. 3:1465(D). B. If the applicant is a busi…

A. License Fees 1. The annual fee for a seed producer, grower, processor, and handler license shall be $500 each. 2. New license fees are due upon notification of application approval. No license shall be issued until payment of the license fee is received by LDAF. 3. No license …

A. Licensed seed producers and growers shall post a sign at each field, greenhouse, or indoor growing structure. The sign shall comply with the following requirements and remain posted during the entire crop cycle: 1. the designation, “Louisiana Industrial Hemp Program”; 2. indus…

A. No person shall acquire seeds from a source outside the U.S. or from a U.S. territory, tribal land or state other than Louisiana without first: 1. submitting a completed seed acquisition request form and all required attachments to LDAF; and 2. obtaining written approval of th…

A. A licensee shall not grow, handle, process, or store industrial hemp in any structure that is used or appears to be used for residential purposes. B. A licensee shall not grow, handle, process or store industrial hemp in any outdoor field or site that is located within 1,000 f…

A. A licensee shall not sell or transfer, or permit the sale or transfer of living industrial hemp plants, viable plant parts, or seeds to any person in the state who does not hold an industrial hemp license issued by LDAF. B. Licensees may transfer up to one pound of industrial …

A. No person shall: 1. sell, offer for sale, expose, distribute or transport industrial hemp seed not produced in accordance with the provisions of this Chapter; 2. fail to comply with sample collection, and testing requirements prior to harvesting or destroying any industrial he…

A. Industrial hemp grower, seed producer, and processor licensees shall be required to maintain and submit annual production reports to LDAF on forms provided by LDAF by November 15. 1. Annual production reports submitted by licensed growers and seed producers shall include the f…

A. Except for those entities exempted pursuant to R.S. 3:1469, all research institutions who intend to perform industrial hemp research shall possess a valid license with LDAF, and submit an annual industrial hemp research plan to LDAF. The research plan shall include, but not be…

A. All licensees shall maintain, at a minimum, the following records, where applicable: 1. all records for crop production and crop destruction; 2. documentation of any sales or distribution, including the party to which all product was sold or distributed; 3. for seed producers …

A. LDAF shall submit to USDA a report providing the contact information and the status of the license issued for each grower and seed producer. The report shall be submitted by the first of each month. If the first of the month falls on a weekend or holiday, the report is due by …

A. When there is reason to believe that a violation of any provision of R.S. 3:1461 et seq. or this Chapter has occurred, the commissioner or his authorized agent(s) shall have access, during normal working hours, to any premises where industrial hemp plants or plant parts are tr…

A. All industrial hemp plants or plant parts, whether harvested or unharvested, shall be subject to sampling and testing for THC levels by LDAF as set forth in this Section. B. The licensee shall be responsible for the cost of all sample testing fees, as set forth in this Chapter…

A. All industrial hemp plants or plant parts that are noncompliant with the acceptable industrial hemp THC level shall be remediated or destroyed in compliance with this Chapter. Any industrial hemp plants or plant parts that test greater than 1.0 percent total THC shall be destr…

A. The commissioner may suspend or revoke any license issued under the provisions of R.S. 3:1465 and this Chapter. The commissioner may also assess a civil penalty for violation of any provision of R.S. 3:1461 et seq. or any violation of any regulation enacted under the authority…

A. In addition to being subject to license suspension, license revocation, civil penalties, and industrial hemp destruction, a person who is determined by LDAF to have negligently committed the following violations may be subject to a corrective action plan: 1. failing to provide…

A. A person believed to be in violation of the Industrial Hemp Law (R.S. 3:1461 et seq.) or this Chapter may be issued a written or verbal stop order by LDAF. Stop orders shall be effective immediately upon notification to the alleged violator. B. If an alleged violator refuses t…