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Arkansas Hemp Pilot Program info

Growing Industrial Hemp in the State of Arkansas is now a reality for Arkansas Hemp Based companies who are already in the industry. At US Hemp Sales we have been waiting until the Arkansas Plant Board released the official guidelines. We're happy to report they have been released. Below you will find copied and pasted directly from the Arkansas Plant Board website. 


The Arkansas Agriculture Department’s Arkansas State Plant Board (AAD‐ASPB) is conducting an Industrial Hemp Research Pilot Program as authorized by 7 U.S.C. § 5940 (also known as Section 7606 of the 2014 Farm Bill).  Individuals and companies who would like to be considered for participation in the program as a PROCESSOR must submit an AAD‐ ASPB Industrial Hemp Research Pilot Program Processor Application with a $50 nonrefundable application fee submitted with each application payable to Arkansas Agriculture Department – Arkansas State Plant Board, Industrial Hemp Research Pilot Program, 1 Natural Resources Drive, Little Rock, AR 72205.  Complete the full application as attached and return by mail or hand deliver – do not e‐mail applications.  For more information on the AAD‐ASPB Industrial Hemp Research Pilot Program, please visit https://www.agriculture.arkansas.gov/industrial‐hemp or contact Mary.Smith@agriculture.arkansas.gov, (501) 225‐1598.  Please note AAD‐ASPB staff members are not able to provide direct assistance with completing applications. BY SIGNING THE APPLICATION FORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND WILL ABIDE BY ALL REQUIREMENTS OF THE ARKANSAS STATE PLANT BOARD’S “REGULATIONS ON THE INDUSTRIAL HEMP RESEARCH PROGRAM IN ARKANSAS” (henceforth, referred to as “Regulations”). Contents of Application Package  Guidelines and Instructions  Processor Application (Please submit the application pages only, not the general information pages).  Acknowledgements  Attachments  Signatures Application File Format.  The AAD‐ASPB Industrial Hemp Research Pilot Program Application is available in two file formats: Microsoft Word, and Adobe PDF.  If you do not have compatible software to access the application, request a paper copy, print legibly, complete, and submit a paper version.  The AAD‐ASPB is not responsible for missing information due to formatting or printing errors on the user end.  We are not required to request additional information for clarity of the application.  All submitted application information must be legible – it may be typed or printed, but not written in a cursive handwriting style. Application Deadline.    Applications for cultivation or processing of industrial hemp in Arkansas may be made at any time during the year, but the effective date of the license will be July 1st through June 30th annually.  Renewal applications will be due June 15th. Email or electronic submissions will be accepted in the near future, but for now, electronic submission of applications is not available.  ASPB recommends that applicants use certified mail, return receipt requested, when submitting an application by mail; ASPB is not responsible for applications lost in the mail or not received. Keep a copy of the full application for your records.     Industrial Hemp Research Pilot Program     Processor/Handler License Application Page 2 Fee Schedule.  A $50 nonrefundable application fee (check or money order made payable to Arkansas State Plant Board) must be included with the completed application upon submission.    This fee does not apply to any other program costs.   See the Industrial Hemp Fee Schedule in this application packet or on the AAD website at https://www.agriculture.arkansas.gov/hemp.  If you are approved for participation in the program, there are costs associated with participation.  Be sure to carefully review these fees which are required for all participants, and budget accordingly in the event you are selected for participation.  Any applicant or licensee participating in this research project is responsible for all fees and costs associated with participation in this program. Complete Applications.  Applications must be complete, accurate and legible.    Follow all instructions in the document.   Applications and any attachments may be subject to Arkansas Freedom of Information law.  Incomplete applications will not be approved. Application Review.    The AAD‐ASPB staff will evaluate each application and select projects for approval based on the review criteria found in the AAD‐ASPB Industrial Hemp Research Pilot Program 2018 Policy Guide on the program website at https://www.agriculture.arkansas.gov/hemp. Research Plan.  7 U.S.C. § 5940 only authorizes industrial hemp research programs by institutions of higher education and state departments of agriculture.  Consequently, each program applicant must submit a project research plan and be approved to become part of the AAD‐ASPB pilot program.  Additionally, only the AAD is allowed to import industrial hemp seed or plants into Arkansas under U.S. Federal law.    The AR Industrial Hemp Research Pilot Program involves research of, but is not limited to:  crop production techniques, processing and marketing, including such things as the investigation of planting methods, fertility levels, seed varieties, harvest methods, yields, equipment uses, marketing, etc.  The Processor/Handler Information Section of the application, below, will ask for YOUR specific research plan ‐ be sure to answer this question fully. Background Checks.  Before conditional approval may be granted for a potential project, all Processors/Handlers listed within the application must complete an Arkansas State Police (ASP) background check.  Processors/Handlers must make sure a copy of this background check is received and approved by AAD‐ASPB staff, no more than 60 days prior to submission of the application, and no later than 14 days after the application has been received by the AAD‐ASPB.  The background check process could take up to two weeks to complete.  Requests for background checks must be sent directly to the ASP. Memorandum of Understanding (MOU).  Approved participants become an extension of, and act on behalf of, the AAD‐ ASPB for the purposes of conducting research by executing a Memorandum of Understanding with AAD‐ASPB.  Your signature on this application is acknowledgement and acceptance of this MOU. Timeline.  Applications for cultivation or processing of industrial hemp in Arkansas may be made at any time during the year, but the effective date of the license will be July 1st through June 30th annually.  An example timeline is: • January 15, 2019 ‐ Applications submitted to the AAD‐ASPB Accounting Office by postal mail, UPS or FedEx or similar carrier, or in person.  Remember:  email or electronic submissions will be available in the near future. • November 15, 2018 through January 29, 2019 – Submit Arkansas State Police background check reports to the AAD‐ASPB, within the time period from 60 days before industrial hemp application submission to 14 days after industrial hemp application submission. • February 28, 2019 – AAD‐ASPB staff will notify applicants of application status. • March 15, 2019 (15 days following AAD‐ASPB notification) – Appeals deadline for denied applicants. Instructionsfor Obtaining an Arkansas State Police Background Check The AAD‐ASPB Industrial Hemp Research Pilot Program requires applicants to submit Arkansas State Police (ASP) background checks, at the applicant’s expense, for each applicant as well as for each additional signing authority for a research project.  Background checks are required annually for all applicants and all proposed signing authorities associated with the application.  Background check requests are processed by the Arkansas State Police (ASP) office, One State Police Plaza Drive, Little Rock, Arkansas 72209.  You may contact the Arkansas State Police Identification Page 3     Industrial Hemp Research Pilot Program     Processor/Handler License Application Bureau regarding the background check results at (501) 618‐8500 or info@asp.state.ar.us.  Visit the ASP website:   http://asp.arkansas.gov/services‐and‐programs/detail/criminal‐background‐checks. Inspection Agreement By signing this application, you agree to provide unlimited access to any of your application properties, buildings, or any related materials by AAD‐ASPB staff or by Federal, State, or local law enforcement staff at any time for sampling or inspection in the field or storage. Monitoring and Destruction Agreement By signing this application, you agree to be responsible for ensuring completion of the process of monitoring and destruction of volunteer industrial hemp plants for three years following cultivation, regardless of land lease or ownership status during that period, should this be necessary as determined by AAD‐ASPB staff. Transfer of Responsibilities Responsibilities of a license holder may be transferred to another person by mutual written and signed consent. Record Maintenance All records related to this application, including but not limited to, agronomics, contracts, sampling, storage, expenses, transportation, delivery, and testing will be maintained within the State of Arkansas’s borders, available for inspection at any time by AAD‐ASPB staff, inspectors, the Arkansas State Police, or other law enforcement agency staff. Application Changes Notify the AAD‐ASPB within one month of any change in this application’s information or purpose. Processor / Handler Licensing Agreement A license to engage in the processing or handling of industrial hemp that does not fall within the definition of a “publicly marketable hemp product” shall allow the license holder to process, handle, and store industrial hemp at one or more specified locations in Arkansas.  All industrial hemp processors/handlers must follow the licensing requirements located within the Regulations (see Regulations, Section 2 – Licensing, and Section 15 – License Suspension or Revocation). Instructionsfor Creating Mapsfor Submission with the Application You are required to provide to AAD‐ASPB a photographic aerial map of all processing, handling and storage location(s). This requirement applies to all participants and affiliates and will assist with AAD‐ASPB’s required reporting to law enforcement. Each map should be in color and contain the following: 1. Contain only one physical location address per map (separate map for each non‐contiguous location). 2. Applying company’s name, street address, city, state and zip printed on the page. 3. “E” marking the primary farm/site entrance on the map. 4. “E2” marking any secondary farm/site entrances. 5. A nearby roadway(s) showing the road name(s). 6. Zoomed out to show the entire farm and road entrance from a public roadway. 7. Be sure to CLEARLY indicate on the map the following: a.  Processing buildings, Storage buildings or Handling facilities (if applicable).  Outline of each processing location, storage area or handling facility  Identifying name and location ID for each of the above; and  If you are also a grower, indicate the nearby acreage for fields or square footage for greenhouses. b.    The Processing, Storage, and Handling building IDs used must be consistent on all forms used in the program for each application year. c.  GPS coordinates for each building  or handling facility should be provided, preferably in decimal degrees, to the equivalent of five decimal places (for example, 33.54321) with a pinpoint showing exactly where the GPS coordinate was taken. Page 4     Industrial Hemp Research Pilot Program     Processor/Handler License Application e.  As long as the conditions above are met, applicants may utilize their choice of mapping programs, such as Google Earth, Google Maps, MapQuest, etc.  PVA maps or Soil Conservation maps with legible handwritten information will suffice.  FSA maps are generally not sufficient because they typically are not in color and do not identify roadways. Sampling and Analyzing Hemp.  All plantings of industrial hemp and its resulting products or components, regardless of its stage of growth or processing, are subject to any number of samplings for tetrahydrocannabinol (THC) levels.  The license holder shall be responsible for the cost of all laboratory analytical services, billings, and payments to the testing lab for these samples.  Refer to Section 11 of the Regulations for more detail about this process. Administrative Appeal of Denial of Application.  An applicant that has been completely denied or partially denied an application shall submit a written request for a hearing  to the ASPB Industrial Hemp Research Pilot Program, 1 Natural Resources Drive, Little Rock, Arkansas 72205, postmarked within fifteen (15) days of the date of the AAD‐ ASPB’s notification letter or e‐mail.  Refer to Section 4 of the Regulations for more detail about this process. Prohibited Activities.  The activities listed below are prohibited from the AAD ‐ ASPB pilot program.  When described in a research plan, any prohibited activities will disqualify an application from approval.  A current participant found to be conducting or participating in any of these activities may be subject to actions including but not limited to termination of their Grower license(s) and forfeiture or destruction of all in‐program industrial hemp materials.   Prohibited activities include, but are not limited to:  Possessing, growing, handling, or storing hemp plants in any structure used for residential purposes.  Possessing, growing, handling, or storing hemp plants in any field or site that is located within 1,000 feet of a school, daycare, or similar public areas frequented by children.  Possessing, growing, handling, or storing hemp plants on any land or within any building that is not under the control or ownership of the applicant or licensed grower.  Using pesticides not labeled for use on industrial hemp.  Violating the restrictions outlined in the most current version of the AAD‐ASPB Industrial Hemp Regulations on the Industrial Hemp Research Program in Arkansas (further entitled, “Regulations”), Section 3 Land Use Restrictions.  Transporting live hemp plants and in‐program hemp materialsto unapproved locationsincluding trade shows, county fairs, educational or other events, or any other address not listed on your application(s) or within another 7 U.S.C. §5940 program.  Allowing unsupervised public access to hemp plots, including, but not limited to, activities such as a hemp maze.  Participating in other activities that may be deemed prohibited by AAD‐ASPB.  Upon request, AAD‐ASPB staffshall review and make a determination on any activity or product not specifically listed in the Regulations document or in the Prohibited Activitieslist.  Plant, grow, store, offer, sell, expose, distribute, or transport industrial hemp seed or transplants not produced or labeled in accordance with the provisions of the Regulations or having a false or misleading labeling.  Plant, grow, store, offer, sell, expose, distribute, or transport industrial hemp seed not labeled in accordance with the AAD‐ASPB’s Circular 10 (Regulations on the Sale of Planting Seed in Arkansas).  Plant, grow, store, offer, sell, expose, distribute, or transport industrial hemp seed labeled AOSCA Certified, Registered, or Foundation seed unless it has been produced and labeled in compliance with the rules and regulations of an officially‐recognized AOSCA certifying agency or association.  Failure to comply with sample collection and/or testing requirements prior to harvesting, or destroying any hemp plants, in accordance with these regulations.  Detach, alter, deface, or destroy any labeling or other required documentation specified in the Regulations.  Alter or substitute seed or transplants in a manner that may defeat the purpose of these Regulations.  Disseminate any false or misleading advertisement concerning industrial hemp seed or propagating material in any manner or by any means.  Hinder or obstruct in any way any authorized agents of the AAD‐ASPB in the performance of their duties. Page 5     Industrial Hemp Research Pilot Program     Processor/Handler License Application  Failure to comply with all licensing and reporting requirements.  Failure to keep required records for at least three (3) years, including, but not limited to, those for agronomics, contracts, sampling, storage, expenses, transportation, delivery, program income.  Failure to make available required records for inspection by the AAD‐ASPB or any authorized agent thereof.  Failure to ensure the monitoring and destruction of hemp plant volunteers for three years following cultivation regardless of land lease or ownership during those years.  Any misrepresentation of industrial hemp seeds, propagules, or other hemp materials, products, or components.  Failure to properly describe the characteristics of a hemp variety or hybrid.  Providing false or misleading information to the AAD‐ASPB.  Plant, grow, store, offer, sell, expose, distribute, or transport industrial hemp living plants, viable seeds, leaf material, or floral material to any person in Arkansas who does not hold a valid and current license issued by the AAD‐ASPB Industrial Hemp Pilot Program, or to any unauthorized person outside of Arkansas.  Plant or grow any cannabis that does not meet the definition of industrial hemp.  Plant or grow any industrial hemp on any site not listed in the Grower Licensing Agreement or application.  Plant industrial hemp in an outdoor growing location of less than one‐quarter acre (0.25 acre), or less than one thousand (1,000) plants unless prior approval is received in writing from the AAD‐ASPB.  Failure to keep industrial hemp physically segregated from other crops without prior written approval from the AAD‐ASPB. License Suspension.  The AAD‐ASPB shall notify a licensed processor/handler in writing that the Processor Licensing Agreement has been temporarily suspended if a representative of the AAD‐ASPB receives information supporting an allegation that a licensed processor/handler has performed any of the following:  Engaged in conduct that violates the Regulations, violated the Arkansas Industrial Hemp Act (A.C.A. 2‐15‐401 et seq.); Made false statements to an AAD‐ASPB representative or law enforcement agency; Found to be growing or in possession of any cannabis of three (3) percent or greater THC concentration; Failed to comply with an order from a representative of the AAD‐ ASPB or law enforcement.