Or. Admin. Code § 603-048-0125 - Grower Licensure
(1) Only a
grower licensed with the Department may produce industrial hemp except as
exempted in OAR 603-048-0100.
(2) Industrial hemp may only be produced at
grow sites and within production areas included on the grower license except as
exempted in OAR 603-048-0100.
(3) A licensed grower may use any propagation
method, including planting seeds from, or starts, or the use of clones or
cuttings, to produce industrial hemp.
(4) The Department shall make available to
licensed growers information that identifies licensed agricultural hemp seed
producers from whom growers may purchase agricultural hemp seed.
(5) Each grow site or production area
identified by the Department that is not included on the grower license is a
separate violation of section (2) of this rule.
(6) A licensed grower may trim industrial
hemp produced by the grower without a handler license only if the grower:
(a) Trims at the licensed grow site where the
industrial hemp was produced;
(b)
Submits to the Department prior to beginning any trimming activities a valid
land use compatibility statement (LUCS) stating that trimming is permitted
signed by the local county or government with jurisdiction over the grow site;
and
(c) Complies with all
requirements applicable to handlers for the production of usable
hemp.
(7) A licensed
grower may manufacture kief from industrial hemp produced by the grower without
a handler license only if the grower:
(a)
Manufactures the kief at the licensed grow site where the industrial hemp was
produced;
(b) Submits to the
Department prior to beginning any trimming activities a valid land use
compatibility statement (LUCS) stating that kief manufacture is permitted
signed by the local county or government with jurisdiction over the grow
site;
(c) Complies with all
requirements and restrictions applicable to handlers for the production of hemp
products and commodities and all requirements and restrictions OLCC imposes on
producers licensed under ORS
475.065 for manufacturing kief
in OAR Chapter 845, Division 25; and
(d) Complies with all applicable testing
requirements in OAR 603-048-2300 for kief.
(8) For a grow site that proposes or is
licensed to trim or manufacture kief, if the Department receives written
notification from the jurisdiction where a proposed grow site or licensed grow
site is located that the LUCS is invalid or is no longer valid, the Department
may require the applicant or licensee to obtain a new LUCS. If a new LUCS is
not submitted, the Department may deny or revoke the license. If the LUCS
submitted states that the proposed land use is prohibited in the applicable
zone or otherwise fails to demonstrate that the proposed activity is permitted,
the Department shall revoke or deny the license.
(9)
(a) A
grower may only apply pesticides to industrial hemp or hemp items that are
included on the Hemp Program's guide list or approved by the Environmental
Protection Agency for use on industrial hemp.
(b) A grower must comply with all applicable
laws and rules regulating pesticides.
Note: The Hemp Program's guide list for pesticides is available from the Department.
Notes
Statutory/Other Authority: ORS 561.190, ORS 569.445, ORS 571.260 - 571.348 & ORS 633.511-633.996
Statutes/Other Implemented: ORS 571.260 - 571.348
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