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The speakers included James Weatherly the Executive Director of the Seed Innovation Protection Alliance, Barb Campbell of Cochran Freund & Young LLC, Frank Curtis, COO of Limagrain, Rick Novak of Colorado State University Seed Lab and Duane Sinning from the Colorado Department of Agriculture.
Industrial Hemp Act and Rules
Industrial Hemp Advisory Committee
The new rules, to be published as 8 CCR 1203-23, set forth the requirements of registration and inspection. The new rules were adopted 2/11/2015 and effective 3/30/2015.
Two types of registrations will be allowed:
Research and Development (R&D) and Commercial. R&D is limited to institutions of higher education or any person of legal entity under a pilot program administered and directed by the Department for purposes of agricultural or academic research in the development of Industrial Hemp. Commercial means the growth of Industrial Hemp for any purpose including engaging in commerce, market development, and market research, by any person or legal entity other than an institution of higher or under a pilot program administered by the Department. R&D registration fees are $500 plus $5/acre or 0.33/1000 sq ft. Commercial registration fees are $500 plus $5/acre or 0.33/1000 sq ft. Incomplete applications will not be processed and application fees will not be refunded.
No industrial hemp plant shall be included in more than one registration simultaneously. Registered land area should only be covered under one registration certificate at any given time. Registrations cannot be assigned or transferred to another business, individual, or other entity. Each non-contiguous land area on which industrial hemp is grown shall require a separate registration. Any addition of registered land area shall also require a separate registration.
New reporting responsibilities include:
Hemp Plant Material Declaration to be included with the new registration application declaring any plant material that was not harvested in the prior registration period and is to be included in the subsequent registration. Planting Report due within 10 days after planting which lists all varieties planted within the registered land area and the location and actual acreage or sq footage of each variety planted. Hemp Harvest Notification due 30 days prior to harvest. For each variety include date of harvest, location of variety, agreement with in-state processor and/or statement of intended end use. Any changes to contact information should be provided within 10 days of the change.
The Colorado Department of Agriculture’s regulatory role with Industrial Hemp is limited to registration of growers and inspection of crop. The State of Colorado has no jurisdiction over many other factors that producers are faced with. While Colorado legalized the production of Industrial Hemp (Cannabis spp), growing it is still considered illegal by the Federal Law. The following issues may cause concern for those interested in growing this crop in Colorado.
Colorado Deputy Commissioner of Agriculture Ron Carleton issued a statement concerning industrial hemp and the process for cultivating it in compliance with Amendment 64 and legislation recently enacted by the Colorado General Assembly.
“Since passage of Amendment 64, the Department has received numerous inquiries from individuals who are interested in cultivating industrial hemp as a crop. Unfortunately, there is considerable confusion about what both Amendment 64 and legislation approved by the General Assembly, SB13-241, actually did with regard to hemp.
“Amendment 64 did not authorize the immediate cultivation of hemp. It instead directed the General Assembly to enact legislation governing the cultivation, processing and sale of industrial hemp. This they have now done,” stated Carleton, in reference to SB13-241. “This legislation delegates to the Department the responsibility for establishing registration and inspection regulations and to have the rules finalized by March 1, 2014. The bill also creates an advisory committee to help the Department in developing the regulations. The measure is now awaiting action by Governor John Hickenlooper.
“Once SB13-241 becomes law, we will begin the rulemaking process, working in consultation with the advisory committee. While we will work diligently to complete this process as quickly as possible, it is unlikely that we will have rules setting up a registration and inspection system in place until early 2014.
“The General Assembly, with SB13-241, has made it clear that cultivation, for either commercial or research and development purposes, is not authorized unless the prospective grower first registers with the Department. That will not be possible until early 2014 as we do not expect the registration program to be in place before then.”
Individuals with questions concerning the upcoming rulemaking process may contact the Colorado Department of Agriculture at (303) 869-9050.