Department Contact
Questions and comments related to this rule may be directed to:
Jennifer Heaton-Amrhein
Wisconsin Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
Madison, WI 53718
Phone: (608) 224-4500
______________________________________________________________________________
FINDING OF EMERGENCY
A finding of emergency is not required. Section 15 of 2017 Act 100 provides that the Department is not required to provide a finding of emergency for a rule promulgated under this section. EMERGENCY RULE
Industrial Hemp
ATCP 22.01 Purpose. This chapter implements the industrial hemp program created under s. 94.55, Stats. ATCP 22.02 Definitions. As used in this chapter:
(1) “Applicant” means a person who has submitted a license application for a grower license or processor license.
(2) “Certified seed source” means hemp seed that is certified according to Association of Official Seed Certifying Agencies standards or other certification standards approved by the department.
(3) “DEA” means the United States Department of Justice’s Drug Enforcement Administration.
(4) “Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
(5) “Destroyed” means incinerated, tilled under the soil, made into compost, or disposed of in another manner approved by the department.
(6) “Distribute" means to sell, offer to sell, exchange, barter, or solicit orders for the sale of industrial hemp or otherwise supply or furnish industrial hemp to purchasers of industrial hemp in this state, whether or not the transactions are made wholly or partially in this state or another state.
(7) “Facility” means a space for handling, storing or processing industrial hemp.
(8) “Field” means a contiguous land area or greenhouse, registered with the department, on or in which a licensee plans to grow industrial hemp.
(9) “Fit for commerce certificate” means a document issued by the department or another state attesting that the industrial hemp has been tested for THC concentration and is in compliance with this chapter or another state’s industrial hemp pilot program under Section 7606 of the Agricultural Act of 2014.
(10) “Grower license” means the document that is issued by the department to a person after a successful application and review process and following departmental receipt of a signed licensing agreement and submission of all licensing fees.
(11) “Industrial hemp" means the plant Cannabis sativa, or any part of the plant including the seeds, having a delta-9-tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater. “Industrial hemp” includes a substance, materials, or product only if it is designated as a controlled substance under the federal Controlled Substances Act under 21 USC 801 to 971 or the Uniform Controlled Substances Act under ch. 961 or both. (12) “Industrial hemp research program” means the department’s “agricultural pilot program” established under s. 94.55, Stats., and this chapter. (13) “Licensee” means a person possessing a grower license or processor license.
(14) “Person” means an individual, corporation, partnership, limited liability company, government or governmental subdivision, or other legal entity.
(15) “Processor license” means a document that is issued to a person after a successful application and receipt of all fees.
(16) “Registration” means the annual submission by a licensee of a registration form provided by the department, registration fees, and research agreement or other information as required by the department.
(17) “Registration fee” means the applicable amount that shall be paid by a licensee annually in order to maintain its license.
(18) “Research agreement” means a contract between the department and the licensee, detailing the rules of the industrial hemp research program. This is a legally binding agreement between the state of Wisconsin and the applicant. Failure to adhere to the research agreement may result in removal from the pilot program.
(19) “THC” means delta-9 tetrahydrocannabinol, or delta-9-THC.
ATCP 22.03 Pilot program license.
(1) Grower license required. No person may operate as an industrial hemp grower without a grower license from the department. A grower license does not expire, but an annual registration must be completed by December 31 each year. A grower license may not be transferred to another person. The grower license allows a person to possess, cultivate, grow and harvest industrial hemp under Wisconsin law.
(2) Grower license application. A person applying for a grower license shall apply on a form provided by the department. An applicant shall provide all of the following to the department:
(a) The applicant’s legal name and address and any other 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) The global positioning system coordinates for each field, greenhouse, building, or site where industrial hemp will be planted, grown or cultivated.
(e) Maps depicting each field and facility where industrial hemp will be grown or processed with appropriate designation for entrances, field boundaries, and specific locations corresponding to the global positioning system coordinates or street address.
(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:
