Or. Admin. Code § 603-048-0300

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

Or. Admin. Code § 603-048-0300

DOA 3-2015, f. & cert. ef. 1/29/2015; DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16; DOA 19-2016, f. & cert. ef. 10/28/2016; DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15- 17 thru 9-10-17; DOA 13-2017, f. & cert. ef. 8/30/2017; DOA 14-2018, amend filed 04/03/2018, effective4/3/2018; DOA 27-2018, amend filed 11/29/2018, effective 12/3/2018; DOA 12-2019, amend filed 05/15/2019, effective 5/15/2019; DOA 20-2020, amend filed 12/15/2020, effective 1/1/2021; DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021; DOA 29-2021, amend filed 12/29/2021, effective 1/1/2022; DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022; DOA 28-2022, temporary amend filed 11/16/2022, effective 11/16/2022 through 05/14/2023; DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023

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