[Rev. 1/12/2018 4:19:20 PM]

[NAC-557 Revised Date: 2-18]

CHAPTER 557 - INDUSTRIAL HEMP

GENERAL PROVISIONS

557.010              Definitions.

557.020              “Applicant” defined.

557.030              “Registrant” defined.

CERTIFICATION AND REGISTRATION OF SITE USED FOR GROWING OR CULTIVATING INDUSTRIAL HEMP

557.100              Application for certification and registration.

557.110              Required reports; inspection; notification to Department of harvest; analysis of THC concentration; disclosure of information.

557.120              Certified seed and propagating material: Required use; request by registrant for Department to obtain.

557.130              Fees.

557.140              Revocation of registration and certification or destruction of plants if sample contains THC concentration exceeding limit.

557.200              Civil penalties; use of money collected.

 

 

 

GENERAL PROVISIONS

     NAC 557.010  Definitions. (NRS 557.080)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 557.020 and 557.030 have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)

     NAC 557.020  “Applicant” defined. (NRS 557.080)  “Applicant” means a person who submits an application to the Department for certification and registration of a site used for growing or cultivating industrial hemp in conjunction with an agricultural pilot program or other agricultural or academic research.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)

     NAC 557.030  “Registrant” defined. (NRS 557.080)  “Registrant” means a person whose application for certification and registration of a site used for growing or cultivating industrial hemp has been approved by the Department.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)

CERTIFICATION AND REGISTRATION OF SITE USED FOR GROWING OR CULTIVATING INDUSTRIAL HEMP

     NAC 557.100  Application for certification and registration. (NRS 557.080)  A person who represents the Department or an institution of higher education, directly or pursuant to a contract to conduct an agricultural pilot program or other agricultural or academic research on behalf of the Department or institution of higher education, may submit an application to the Department for certification and registration of a site to be used for growing or cultivating industrial hemp in conjunction with the program or research. The application must be accompanied by a current background check performed by a law enforcement agency that includes a check performed by the Federal Bureau of Investigation. The application must be on a form prescribed by the Department and include all information deemed appropriate by the Department. The Department shall certify and register such a site if:

     1.  The Department determines that the application adequately describes the purpose of the agricultural pilot program or other agricultural or academic research which requires the growth or cultivation of industrial hemp;

     2.  The applicant has not been convicted of any felony related to the possession, production, sale or distribution of a controlled substance in any form within the 5 years immediately preceding the date of the application;

     3.  The application includes all other information that the Department determines is appropriate; and

     4.  The application is accompanied by all fees determined by the Department to be required at the time the application is submitted.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)

     NAC 557.110  Required reports; inspection; notification to Department of harvest; analysis of THC concentration; disclosure of information. (NRS 557.080)

     1.  A registrant shall submit all reports required by the Department on or before the date specified by the Department in the certification.

     2.  The Department may inspect, sample and analyze, in such manner and at such times as the Department deems necessary, all plants, whether growing or harvested, and all land, buildings and other structures used for growing, cultivating or storing industrial hemp and all documents and other records relating to the agricultural pilot program or other agricultural or academic research certified by and registered with the Department. The registrant shall ensure such unrestricted access.

     3.  A registrant shall notify the Department before any harvest or any other form of disposition of a growing crop of industrial hemp.

     4.  The Department shall conduct an analysis of the THC concentration of a sample of the growing crop described in subsection 3 in a timely manner using appropriate sampling and analysis protocols.

     5.  Any information obtained by the Department in carrying out the provisions of this chapter and chapter 557 of NRS may be provided to any law enforcement agency without notice to the applicant or registrant.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)

     NAC 557.120  Certified seed and propagating material: Required use; request by registrant for Department to obtain. (NRS 557.080, 561.153)

     1.  A registrant shall ensure that only certified seed and propagating material approved by the Department are used when growing or cultivating industrial hemp for the certified and registered agricultural pilot program or other agricultural or academic research.

     2.  A registrant may request that the Department obtain certified seed or propagating material, or both, for the registrant’s use.

     3.  If the Department obtains certified seed or propagating material, or both, for a registrant, the registrant shall:

     (a) Release the Department from any liability for the quality and fitness of the certified seed and propagating material for any use or purpose;

     (b) Pay to the Department in advance:

          (1) All of the costs incurred by the Department in obtaining the certified seed and propagating material;

          (2) A fee of $1 per pound of seed obtained for the registrant; and

          (3) A fee of $30 per acre for propagating material obtained for the registrant; and

     (c) Relinquish any portion of the certified seed and propagating material which is not used for the certified and registered agricultural pilot program or other agricultural or academic research to the Department. Any certified seed and propagating material relinquished to the Department pursuant to this paragraph becomes the property of the Department.

     4.  As used in this section:

     (a) “Certified seed” has the meaning ascribed to it in NRS 587.021.

     (b) “Propagating material” means plants and parts thereof that are intended for plant cultivation.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)

     NAC 557.130  Fees. (NRS 557.080, 561.153)  The Department shall assess the following fees:

     1.  For the submission of an application pursuant to NAC 557.100, a nonrefundable application fee of $500.

     2.  For a certified and registered site used for growing and cultivating industrial hemp outdoors, a fee of $5 per acre or portion thereof.

     3.  For a certified and registered site used for growing or cultivating industrial hemp indoors, a fee of 33 cents per 1,000 square feet, or portion thereof.

     4.  For inspecting a site used for growing or cultivating industrial hemp:

     (a) A fee of not more than $50 per hour for each hour an inspector spends conducting the inspection, including the time spent traveling to and from the site; and

     (b) The mileage allowance established by the State Board of Examiners for state officers and employees pursuant to subsection 3 of NRS 281.160 for the inspector’s travel to and from the site.

     5.  For sampling and analyzing industrial hemp pursuant to this chapter, a fee in the amount of the actual costs of the Department for the sampling and analysis, as approximated by the Department.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)

     NAC 557.140  Revocation of registration and certification or destruction of plants if sample contains THC concentration exceeding limit. (NRS 557.080)  If, after testing a sample of industrial hemp, whether growing or not, the Department determines that the sample contains a THC concentration of more than 0.3 percent on a dry weight basis, the Department may:

     1.  Revoke the certification and registration of the registrant; and

     2.  Order the destruction of the plants grown or cultivated by the registrant at the registrant’s expense.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)

     NAC 557.200  Civil penalties; use of money collected. (NRS 557.080, 561.153)

     1.  Violations of the provisions of this chapter or chapter 557 of NRS are subject to the following civil penalties:

     (a) For a first violation, the Department shall impose a civil penalty of $250.

     (b) For a second violation, the Department shall impose a civil penalty of $500.

     (c) For a third or subsequent violation, the Department shall impose a civil penalty of $1,000 per violation.

     2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

     (a) Fifty percent of the money must be used to fund a program selected by the Director of the Department that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

     (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

     (Added to NAC by Bd. of Agriculture by R085-15, eff. 3-10-2016)