Academic Research Institutions

Section 1200.55  Academic Research Institutions Academic research institutions shall be subject to all provisions of this Part with the exception of the following: a)         License Fees. Academic research institutions shall be subject to the fees imposed in Section 1200.80. b)         Laboratory Testing. An academic research institution is exempt from the testing described in Section 1200.50. Potency testing shall be conducted by an academic research designated laboratory. c)         Reporting. An academic research institution shall provide the following reports, which shall be confidential to the extent that they reveal, or release research conducted, unless the academic research institution provides authorization for release: 1)         Within 72 hours after the academic research institution receives test results, the following data shall be provided to the Department: A)        the test results; B)        photos of samples; and C)        documentation of sampling chain of custody. 2)         No later than December 1 of each year, each academic research institution shall submit an Industrial Hemp Academic Institution Research Report to the Department that includes: A)        Total acres or square feet of industrial hemp planted in the current calendar year; B)        A description of each variety planted and harvested in the current calendar year; C)        Total acres or square feet harvested in the current calendar year; D)        Total yield in the appropriate measurement, such as tonnage, seeds per acre, or other measurement approved by the Department; E)        A disposal report for each lot or field harvested at the conclusion of the academic research; and F)         A description of the research and research findings. 3)         Acreage Reports to Farm Service Agency. Academic research institutions shall report hemp planting acreage to the United States Department of Agriculture Farm Service Agency as described in Section 1200.40(d), with the exception that this report does not have to be broken down by lot or planting date. d)         Commerce and Disposal. Hemp grown for research purposes may not enter the stream of commerce at any time. Hemp grown for research purposes must be disposed of in accordance with this Part at the conclusion of the research period.  An academic research institution must obtain a standard hemp grower license if they intend to offer any product for sale or commerce. e)         Sampling. Academic research institutions shall be exempt from the Inspection and Sampling provisions in Section 1200.50. Academic research institution sampling procedures shall include the following: 1)         Academic research institutions shall notify the Department at least seven business days prior to collection of samples. The notification shall include the name of the individual designated as the academic sampling agent and the GPS coordinates for the samples to be taken. 2)         Academic research institutions shall identify and designate a sampling agent. For academic research institutions only, a sampling agent may be an employee. 3)         The academic sampling agent shall verify the GPS coordinates of the growing area as compared with the GPS coordinates submitted by the academic research institution to Department. 4)         The sampling agent shall estimate the average height, appearance, approximate density, condition of the plants, and degree of maturity of the inflorescences (flowers/buds). The sampling agent shall visually establish the homogeneity of the stand to establish that the growing area is of like variety. 5)         All samples shall be collected from the flowering tops of the plant by cutting the top five to eight inches from the "main stem" (that includes the leaves and flowers), "terminal bud" (that occurs at the end of a stem), or "central cola" (cut stem that could develop into a bud) of the flowering top of the plant. 6)         Samples shall be collected and maintained in such a way that there is no commingling of samples or sample material. f)         At the request of the academic research institution, and with the Department's written permission, an academic research institution may opt for performance-based sampling protocols instead of the provisions outlined in Section 1200.55. 1)         Consideration for performance-based sampling protocols will include: A)        Whether the academic research institution can provide proof of a seed certification process or process that identifies varieties that have consistently demonstrated to result in compliant hemp plants; B)        The academic research institution’s history of producing compliant hemp plants over an extended period of time; or C)        The academic research institution's plan to ensure, at a confidence level of 95%, that no more than 1% of the plants in each sampling will exceed the acceptable total THC level. 2)         Performance-based sampling protocol will be subject to the following terms and conditions: A)        When samples are collected, the sampling procedure must follow the provisions of Section 1200.55(e); B)        The Department reserves the right to sample and test, or order the sampling and testing, of any hemp lot at any time to ensure compliance with the acceptable hemp total THC level; and C)        Violations of performance-based methods will result in academic research institutions no longer being exempt from the sampling procedures outlined in Section 1200.50, and may result in administrative penalties as outlined in Section 1200.130.