For All Those Lab Sample Transfers

Plant IndustriesServing the people of Arkansas plus the agricultural and enterprise communities by providing information and neutral enforcement of regulations and regulations arranged by the Arkansas State Plant Board


Quality Control plus Compliance (Feed, Fertilizer, Hemp, Seed)Hemp HomeRestrictions for sale or Transfer




Agriculture or Plant Industries / Quality Control plus Compliance (Feed, Fertilizer, Hemp, Seed) and Hemp Home or Restrictions on Sale or Transfer


§ 2-15-501 et seq. ) plus the Agriculture Improvement Act regarding 2018 (also identified as the 2018 Farm Bill, Pub. L. 115-334). The restrictions on typically the manufacture, sale, plus transfer of Hemp Plant are in Section 12 of typically the Program Rules in addition to are also described on this internet page. This web page contains information explaining which hemp materials are restricted to transfer or selling to hemp license holders, as opposed to hemp components that are qualified to receive transfer or purchase to the general public. Restrictions on Sale or TransferThe development, handling, processing, in addition to marketing of hemp is administered simply by the Arkansas Department of Agriculture because authorized by the Arkansas Hemp Production Act (A. C. A.


HEMP MATERIAL IN ARKANSAS CAN EASILY BE IN THE POSSESSION OF THE DEPARTMENT LICENSE HOLDER


At this period, state law and the Department’s Hemp Program Rules determine that industrial hemp materials (viable seed, live plants, tea leaf and/or floral material) can only take the possession associated with an industrial hemp license holder operating under a duly authorized state hemp production program or even approved USDA hemp program. It will be against Program Rules as well as the Arkansas Hemp Production Act in order to sell, transport, or even market raw hemp material, otherwise known as "in-program supplies, " to the particular general public or unlicensed entities.


In-Program (Raw) Hemp Materials: Must remain in the Industrial Hemp Program and the particular possession of a good authorized industrial hemp license holder, as authorized by the particular Department or another participating state or federal hemp program.


The following commercial hemp materials usually are considered "In-Program Materials" and should simply be inside the possession of an industrial hemp program licensee in Arkansas (Section 12 (A and B) of Hemp Program Rules):


These products are considered ‘out-of-program materials’ as they are able in order to be sold in order to the public and additional unlicensed entities, credited to the material will no longer being within raw crop form. The licensed processor accepts the raw in-program hemp components and processes the crop into exactly what is considered a "publicly marketable hemp product, " otherwise known as "out-of-program materials. " This means the product could be sold in order to retail shops and the general public. Fiber - in the form of entire stalks, including tea leaf and seed materials, and bales of stalks

Roots -- including raw roots

Leaves or Floral Material - which include fresh, unprocessed, dried, and/or ground biomass

Grain (food product) - in the form of the raw, unprocessed seedling

Seed (for replication) - including whole seed, clean or even uncleaned

Transplants - including rooted plant life, cuttings, seedlings, immature vegetation


PUBLICLY MARKETABLE HEMP PRODUCTS
Licensed industrial hemp growers are only permitted to market or even transfer their up to date hemp crop, otherwise known as "in-program hemp materials, " to other certified industrial hemp declaring no to prop and/or processor/handlers that will are appropriately accredited through a state’s department of farming or approved USDA plan. A "publicly marketable hemp product, " as explained in the Program Rules, Section 1(A)(33) & Section 12(C), are viewed as stripped stalks, fiber, dried root base, seed oils, nonviable seeds, floral ingredients, and plant extracts, which are not to go beyond 0. 3% Total THC in final-product form.


Out-of-Program Materials: Allowed regarding transfer or purchase to anyone, substance is considered publicly marketable assuming compliance with THC threshold within final-product form. (Okay to market to basic public; "Publicly Marketable Hemp Products"; Section 12C of Hemp Program Rules)


The following Out-of-Program Materials are eligible regarding transfer or selling outside of the Hemp Program:


Fiber - including the whole track, stripped of leaf and seed materials, and decorticated fibers (base and/or hurd)

Roots - including dried and/or surface roots

Leaves or Floral Material -- in the form of cannabinoid remove and all items based on extracts

Grain (food product) - including crushed, floor, dehulled, seed cake/meal, roasted or done AND proven nonviable, and oil


TRANSFER REQUIREMENTS & TRANSFER REQUESTS


Transfer Requirements for In-Program Materials


*To ensure program-compliance with Sale or Transfers associated with In-Program Materials, the particular Department recommends License Holders to address questions and concerns with Program personnel prior to any kind of transfer or sale for hemp materials. *


It is the particular participant’s responsibility to ensure that the particular transfer or sale of any industrial hemp material to or even from another organization complies with almost all applicable laws and policies in typically the receiving state plus state of source. Any license case receiving industrial hemp materials from a source outside of Arkansas must have THC test results confirming the materials in order to be not more than zero. 3% Total THC, as well since other required documents, such as a Hemp License Certificate.


For just about all in-program transfers or perhaps sales of hemp materials, program participants need to have all of the following files in possession of the transporter AND on-file using their hemp operation records:


You may also be asked to supply others with copies of your hemp license certificate. Additionally, if in-program materials will end up being shipped or sent via USPS or perhaps any similar shipping and delivery entity, all files mentioned above must be included within the shipping container in addition to the license case must follow the particular shipping entity’s certain policy regarding hemp materials.
Copies regarding ALL Hemp License Certificates involved inside Transfer or Sale: The company or entity you usually are purchasing material through MUST be certified to grow or even process/handle hemp within just their state. All hemp materials should be appropriately determined or labeled always during transit. Company Transfer/Bill of Lading Document: This might be a company or individual’s bill of lading document, move manifest document, or perhaps similar transport paperwork. If the material has been grown in Arkansas, the fabric must become released from the Department from a up to date lab report just before any marketing or processing of the material. Copies regarding license certificates need to be retained along with your operation information.
These paperwork MUST accompany in-program materials at just about all times during exchange.
Valid Lab Analysis Sheets or Certificates of Analysis with compliant THC Levels with Measurement regarding Uncertainty Value: All hemp components in Arkansas need to have valid COAs linked to the material.


Out-of-Program Transfers/Publicly Marketable Hemp Products


Possession or perhaps distribution of these kinds of products may be controlled by federal, condition, or local law enforcement action. Test results MUST validate that the ultimate product batch includes no a lot more than zero. 3% Total THC; and all this kind of testing results must be retained by typically the licensee and produced available to typically the Department upon with regard to a minimum regarding three (3) many years. If the product is an extract of floral material, the particular participant is required to conduct testing of THC content of each last product batch created. Any material possessing more than 0. 3% Total THC is just not lawful or perhaps protected by typically the Department. Final products include both at wholesale prices and retail items (anything sold).


It will be the responsibility of the licensee, retailer, or distributor to understand and adhere to all relevant laws, rules, plus regulations pertaining in order to their products and also to seek approval(s) from any applicable regulating authorities. All hemp materials must always be appropriately determined or labeled from all times throughout transit. The Department is not dependable for ensuring product quality or item compliance to managing authorities, such as the Food and Drug Administration and the Arkansas Department of Health. Additionally, it is usually the licensee’s responsibility to ensure of which the transfer or perhaps sale for any business hemp material conforms system applicable condition and federal laws and regulations. The Licensing Agreement you have along with the Department will NOT offer virtually any legal protections from these governing bodies and provide waivers off their regulations. The Department has no specialist to authorize or perhaps regulate industrial hemp materials once they exit this program.


Private Laboratory Testing: Sample Transfers


A participant’s choice in order to send floral components to a labrador for testing will be at their very own chance. Samples should be delivered directly to the lab at the company address and become appropriately labeled appropriately, detailing the plot information, such as the hemp variety’s full-name and location grown. Outside of the hemp program, these materials are classified under 21 U. S. C. For all lab sample exchanges, program participants has to be prepared to generate the required and required transportation records after request by the Department, the Arkansas State Police, or perhaps any other police force agency. The Department has zero authority to allow or regulate commercial hemp materials when they exit Arkansas. The participant must ensure that a copy of the approved application plus License Certificate comes with the material within transit, showing the address of origins and destination. Licensees intending to exchange hemp materials to be able to third-party testing labs when it comes to determining phytocannabinoid levels are limited to individual samples that must not necessarily exceed 1 lb (0. 45 kg) per sample. § 801 et seq. as a Schedule I Controlled Substance.


PROHIBITED ACTIVITIES AND PRODUCTS


The activities listed beneath are prohibited through the Department’s Hemp Program. A license case found to end up being conducting or participating in any regarding these activities may possibly be subject to actions including, nevertheless not restricted to, termination of their Licensing Agreement and injury or destruction of most industrial hemp components in the participant’s possession.



- Transporting live hemp plants or in-program materials to unapproved locations such as trade shows, region fairs, educational occasions, or any additional address not listed inside a Licensing Agreement or within an additional authorized hemp system.
- Creating goods for sale outside associated with the Program which would result in noncompliance with Department Hemp Program Rules, or federal or state law.

Any participant who fails to conform to the particular terms and conditions of the Department study pilot program may be subject to exclusion or other disciplinary measures. The Department may notify Arkansas State Police, or even other state or perhaps federal police force companies, of a participant’s noncompliance. - Growing or possessing reside hemp or cannabis plants, leaf or perhaps floral material inside or adjacent to be able to any structure of which is used regarding residential purposes.
- Violating the constraints outlined on this specific webpage and/or inside Section 12, Restrictions for sale and Transfer, in the Department Hemp Program Rules.