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.
ATCP 22.11 Sampling and testing costs. The department shall invoice the licensed grower $250 for each sample collected under s. ATCP 22.09 and tested under s. ATCP 22.10 to cover the actual costs of sampling and testing. The licensed grower shall pay all invoices within 30 days. Any grower with an unpaid invoice beyond 30 days may have its license suspended by the department until payment is received. ATCP 22.12 Fit for commerce certification.
(1) All industrial hemp fields and varieties must be sampled and tested prior to harvest. All licensed growers shall obtain a fit for commerce certificate for each field and variety of industrial hemp prior to the industrial hemp being transported off the field or facility to a licensed processor. The department will issue a fit for commerce certificate following a successful test showing the delta-9-THC concentration is at 0.3 percent or below.
(2) No licensed processor may acquire or process industrial hemp without acquiring a legible copy of all fit for commerce certificates issued to the licensed grower with whom the processor conducts business and specific to the industrial hemp purchased.
(3) Industrial hemp plants, pieces or parts from different fields or registered land areas may not be combined into one lot until a fit for commerce certificate for each field or registered land area is issued.
(4) Any harvested industrial hemp found in Wisconsin without a fit for commerce certificate is subject to seizure by the department. Any such material is subject to destruction at the licensee's expense, and may result in suspension or revocation of the license.
ATCP 22.13 Transporting.
(1) A licensee may not transport industrial hemp from a field or facility until the licensee obtains a fit for commerce certificate. A licensed grower or licensed processor transporting industrial hemp must have all of the following in its possession:
(a) A copy of its grower license or processor license.
(b) A fit for commerce certificate as required under s. ATCP 22.12. (2) A person contracted to transport industrial hemp from a licensed grower or a licensed contractor must have all of the following in its possession:
(a) A copy of the grower license or processor license that designates the owner of the industrial hemp being transported.
(b) A fit for commerce certificate as required under s. ATCP 22.12. ATCP 22.14 Compliance with other laws. All licensees must comply with all applicable federal, state, and local laws. It is the responsibility of the licensee to understand and comply with all federal and state regulations.
ATCP 22.15 Enforcement and penalties. A person who violates this chapter is subject enforcement action under this chapter and s. 94.55, Stats., and penalties under s. 94.55(4), Stats. EFFECTIVE DATE: This emergency rule takes effect upon publication and remains in effect until July 1, 2020, or the date on which permanent rules take effect, whichever is sooner as provided in 2017 Wisconsin Act 100, section 15 (2). Dated this 5th day of March, 2018.
State of Wisconsin
Department of Agriculture, Trade and Consumer Protection
_______________________________
By Sheila E. Harsdorf, Secretary
