Or. Admin. Code § 603-048-0300 - Agricultural Hemp Seed Producer License Application and Review
(1) Only a grower
licensed with the Department may produce agricultural hemp seed. Only a handler
licensed with the Department may process agricultural hemp seed. An applicant
may apply for a grower or handler license at the same time the applicant
applies for a license as an agricultural hemp seed producer.
(2) A licensed grower or handler seeking to
produce or process agricultural hemp seed must obtain an agricultural hemp seed
producer license unless:
(a) A licensed grower
retains agricultural hemp seed only for the purpose of personally propagating
industrial hemp for the grower's own use in future years;
(b) A licensed grower renders all Cannabis
seeds produced such that they are incapable of germination; or
(c) A licensed handler processes agricultural
hemp seed in such a manner that the seeds are incapable of
germination.
(3) An
application to produce agricultural hemp seed must include all of the following
information:
(a) The name, legal type of
applicant (individual, corporation, etc.), Oregon Secretary of State business
registry number if a legal entity required to be registered, and contact
information of the applicant;
(b)
The name and address of the applicant's agricultural hemp seed
operation(s);
(c) If industrial
hemp is grown in a field:
(A) The global
positioning system (GPS) coordinates provided in decimal of degrees and taken
at the approximate center of the growing field;
(B) The number of square feet or acres of
each cultivated field; and
(C) A
map of the grow site showing clear boundaries of the production area;
(d) If industrial hemp is grown in
a greenhouse or other building:
(A) The global
positioning system (GPS) coordinates provided in decimal of degrees and taken
at the approximate center of the greenhouse or other building;
(B) The approximate dimension or square feet
of the greenhouse or other building; and
(C) A map of the grow site showing clear
boundaries of the production area.
(e) Other information for purposes of
studying the growth, cultivation, and marketing of industrial hemp as specified
by the Department in the application.
(f) Any other information or forms required
by the Department.
(4)
An application to process agricultural hemp seed must include all of the
following information:
(a) The name legal type
of applicant (individual, corporation, etc.) and contact information of the
applicant;
(b) The name and address
of applicant's facility used for processing industrial hemp agricultural
seed.
(c) Other information for
purposes of studying the growth, cultivation, and marketing of industrial hemp
as specified by the Department in the application.
(d) Any other information, documents or forms
required by the Department.
(5) A licensed grower may retain agricultural
hemp seed without an agricultural hemp seed producer license for the purpose of
personally propagating industrial hemp in future years, except that a licensed
grower may not:
(a) Retain seed from a harvest
lot for future planting that failed pre-harvest THC testing as described in OAR
603-048-0600 and 603-048-0630.
(b)
Sell or transfer agricultural hemp seed for the purpose of planting without
first obtaining an agricultural hemp seed producer license.
(6) An applicant for licensure
must acknowledge and agree that:
(a) Any
information provided to the Department may be publicly disclosed and may be
provided to law enforcement agencies without notice to the applicant or
licensee;
(b) The Department may
enter any field, facility, greenhouse, or other building used for the
production or processing of industrial hemp and may take samples of industrial
hemp, industrial hemp commodities or products, or agricultural hemp seed as
necessary for the administration of the Department's laws.
(c) All fees lawfully due to the Department
will be timely paid.
(d) The
information provided is true and correct and that applicant's signature is an
attestation of that fact.
(e)
Licensure and compliance with industrial hemp rules does not protect a person
from possible criminal prosecution under federal law or other sanctions by
federal entities.
(7)
Renewal Application.
(a) A person with a
current valid license may apply for a renewal license by submitting a complete
renewal application on a form provided by the Department. The renewal
application must include:
(A) Updated contact
information for the applicant and all key participants, as applicable if
applicant is applying for a grower license;
(B) Any other information required by the
Department.
(b) The
Department must receive the complete renewal application described in OAR
603-048-0700 by no later than December 1 of the current license year.
(c) All application requirements for an
initial license apply to a renewal application except as specifically
identified in this rule.
(8) The Department, in its discretion, may
require an inspection of the grow site prior to licensure. The inspection may
include sampling for THC testing as described in ORS
571.281 or OAR
603-048-8010.
(9) Incomplete
Applications.
(a) If an applicant does not
provide all of the information required by rule or otherwise required by the
Department or pay the applicable fee, the Department shall reject the
application as incomplete.
(b) If
an application is illegible or is substantially incomplete, the Department may
summarily reject the application as incomplete. If an applicant fails to
provide all of the information required, the Department may notify the
applicant of the missing information and allow the applicant 15 days to submit
the missing information.
(c) The
Department may verify the information submitted, verify any accompanying
documentation submitted with an application, or request additional information,
documentation, or attestation from the applicant to ensure compliance with ORS
571.260 to ORS
571.348 (as amended by OL 2021,
Ch. 542) and these rules. If an applicant fails to submit information,
documentation, or attestation requested by the Department, the Department shall
reject the application as incomplete.
(d) An applicant whose application is
rejected as incomplete may reapply at any time. If the individual reapplies
within the year, the application fee may be applied to a new
application.
(10)
Denial.
(a) The Department must deny an
initial or renewal application if the applicant is not licensed as a grower or
handler.
(b) The Department may
deny an initial or renewal application if:
(A)
The applicant or key participant violated or has a history of noncompliance
with:
(i) A provision of ORS
571.260 to ORS
571.348;
(ii) A rule adopted under a provision of ORS
571.260 to ORS
571.348;
(iii) An order issued by the Department
pursuant to a provision of ORS
571.260 to ORS
571.348 a rule adopted
thereunder, including a detainment order; or
(iv) Any statutory law or Department rule
related to agricultural activities other than industrial hemp
operations.
(B) The
application, or documents submitted with the application, contains false,
misleading, or incorrect information;
(C) The applicant is a legal entity that is
required to be registered with the Oregon Secretary of State but does not have
an active registration; or
(D) The
applicant, or any key participant, has a history of noncompliance with OLCC
statutes or rules regarding the prohibition on the unregulated commerce of
marijuana including but not limited to any violation or disciplinary action
under ORS 475C.185 or OAR
845-025-8590(2)(e).
(11) Licenses are valid for a one-year term
beginning January 1 of each calendar year. Licenses granted after January 1 are
effective on the date issued.
(12)
Ineligibility based on past noncompliance.
(a)
An industrial hemp seed producer, and all key participants, is ineligible for
an industrial hemp seed producer license for a period of one year from the date
a final order is entered revoking the license.
(b) An industrial hemp seed producer or key
participant whose application is denied under section (10)(b)(A), (B), or (D)
of this rule is ineligible for a period of two year from the date a final order
is entered denying the license.
(c)
An industrial hemp seed producer or key participant ineligible under this rule
may not apply or reapply for an industrial hemp seed producer license during
the period of ineligibility.
(d)
The Department must deny any industrial hemp seed producer application
submitted by a person ineligible under this rule and shall revoke the license
of a person who is ineligible under this rule.
(13) The Department may not issue a license
to an applicant that is a legal entity required to be registered with the
Oregon Secretary of State but does not have an active registration.
Notes
Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
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