(f) Number of acres or greenhouse square footage to be planted. The number of acres or square footage should be the maximum the applicant intends to plant. Any increase in acres or square footage requires a change to the license and additional fees.
(g) A description of the research being conducted under the registration.
(h) A signed research agreement.
(i) Other information reasonably required by the department.
(3) Processor License Required. No person may operate as an industrial hemp processor without a processor license from the department. A processor license does not expire, but an annual registration must be completed by December 31 each year. A processor license may not be transferred to another person. The processor license allows a person to store, handle and convert industrial hemp into a marketable form under Wisconsin law.
(4) Processor License Application. A person applying for an industrial hemp processor license shall apply on a form provided by the department. An applicant shall provide all of the following:
(a) The applicant’s legal name and address and any name under which the applicant does business. If the applicant is a business entity, the full name of the business, the principal Wisconsin business location address, the full name of the individual who is authorized to sign on behalf of the business entity, phone number and email address.
(b) If the applicant is a business entity, the name, title and email address of the individual who will be primarily responsible for the industrial hemp operations of the business entity and who will be the subject of the federal and state criminal background check.
(c) Informed consent form authorizing the department to conduct a federal and state criminal background check.
(d) Maps and the street address and global positioning system coordinates for each building or site where industrial hemp will be processed, handled, or stored.
(e) A description of the research being conducted under the registration.
(f) Planned source of industrial hemp.
(g) A signed research agreement
(h) Other information reasonably required by the department for licensing purposes.
(5) Background check required. Each applicant for a grower license or processor license must submit to a background check conducted by the department as a condition of licensure. No grower license or processor will be issued to an applicant who has ever been convicted of a criminal violation of the federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled Substances Act under ch. 961, Stats., or any controlled substances law of another states, as indicated in the information obtained from the criminal history search. (6) Grower license fees. A grower license application under sub. (2), shall include a nonrefundable license fee of $150 or, for a license covering 31 or more acres, $5 multiplied by the number of acres on which the person will plant, grow or cultivate industrial hemp, not to exceed $1,000.
(7) Amending a license. (a) If any of the information included in the licensee’s application changes, the licensee must submit a request to amend the grower license or processor license on a form provided by the department and pay a fee of $50 for each amendment form submitted.
(b) A licensee seeking to grow additional acres beyond what the grower license authorizes is not required to pay an amendment fee if the change is made during the annual registration process.
(c) A licensee seeking to grow additional acres beyond what the grower license authorizes will pay $5 per acre, not to exceed a maximum of $850.
(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.
