Below is the Florida Hemp Plan that was approved by the USDA. To review the official document, click [here].
April 8, 2020
The Honorable Sonny Perdue
Secretary of Agriculture
U.S. Department of Agriculture
1400 Independence Ave., S.W.
Washington, DC 20250
Dear Secretary Perdue:
Thank you for the important work that you are doing to promote and restore economic opportunities in our rural communities. As public servants representing farmers, it is vital that we address the impacts that climate change, unfair trade practices, and declining farm income have
had on our constituents. Providing farmers with a new, alternative crop is a strong step in that endeavor.
Since the passage of the Agriculture Improvement Act of 2018, the Florida Department of Agriculture and Consumer Services (“Department”) has worked to create a plan that not only meets congressional requirements but one that works for Florida farmers. I believe this plan does both. Florida’s plan consists of section 581.217, Florida Statutes, and rule 5B-57.014, Florida
Administrative Code. Section 297B(a)(2)(A) of the Agriculture Improvement Act of 2018 outlines seven main requirements that each state plan must include. Below are those requirements along with the responsive statute and/or rule:
(1) Inventory of land used for the cultivation of hemp.
The following citations demonstrate the state’s plan “to maintain relevant information regarding land on which hemp is produced in the State … including a legal description of the land, for a period of not less than 3 calendar years[.]”
See Sec. 297B(a)(2)(A)(i).
See sections 581.217(5)(d), (8), and (9), Florida Statutes.
See rule 5B-57.014(4)(b), Florida Administrative Code.
See rule 5B-57.014(5)(d), Florida Administrative Code.
(2) Testing Procedures.
The following citations demonstrate the state’s “procedure[s] for testing, using postdecarboyxlation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State.
See Sec 297B(a)(2)(A)(ii).
See section 581.217(12)(a), Florida Statutes.
See rule 5B-57.014(1)(f), Florida Administrative Code.
See rule 5B-57.014(2)(c)3., Florida Administrative Code.
See the Designated Laboratory Compliance Agreement, FDACS-08121, 12/19.
(3) Disposal procedures for plants and plant products.
The following citations demonstrate the state’s “procedure for the effective disposal of plants, whether growing or not, that are produced in violation of this subtitle, and products derived from those plants[.]” See Sec. 297B(a)(2)(A)(iii)(l)-(II). See section 581.217(12), Florida Statutes
See rule 5B-57.013(6)(b), Florida Administrative Code.
See rule 5B-57.014(12)(b), Florida Administrative Code.
(4) Enforcement procedures.
The following citations demonstrate the state’s ”procedure[s] to comply with the enforcement procedures under subsection (e) … ” regarding negligent and other violations in Florida.
See 297B(a)(2)(A)(iv).
See sections 581.217(10), (11), (13)(c), Florida Statutes
See rule 5B-57.014(13), Florida Administrative Code.
(5) Annual Inspections.
The following citations demonstrate the state’s “procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subtitle[.].”
See 2978(a)(2)(A)(v).
See section 581.217(11)(c), Florida Statutes.
See rule 5B-57.014(10), Florida Administrative Code
(6) Information Sharing.
The following citations demonstrate the state’s “procedure[s] for submitting the information described in section 297C(d)(2), as applicable, to the Secretary not more than 30 days after the date on which the information is received,”
See 2978(a)(2)(A)(vi).
See section 581.217(9), Florida Statutes.
See rule 5B-57.014(4), Florida Administrative Code.
See attached document titled “Application for License to Cultivate Hemp, FDACS-08112,12/19.”
See rule 5B-57.014(5), Florida Administrative Code.
(7) State certification.
See section 581.217(1), Florida Statutes.
See attached document titled “State Plan Certification.”
To assist the United State Department of Agriculture in its review, the Department has also included the “State and Tribal Government Plan Requirements” published on USDA’s website in italicized text along with the responsive statute(s) and/or rule(s).
I look forward to our continued partnership with USDA and appreciate your consideration of Florida’s plan to regulate the domestic production of hemp.
Sincerely,
Nicole Fried
Commissioner of Agriculture
Requirements for State and Tribal Hemp Plans
Plans to maintain relevant producer and land information
- Plans to maintain relevant producer and land information
• Collect, maintain and provide to USDA contact and real-time information for each hemp producer licensed or authorized in the state or territory of the tribal government (whichever applicable)
FDACS Response: The Department will require applicants to complete the document titled “Application for License to Cultivate Hemp FDACS-08112.” The Department has software capabilities to generate custom reports and provide those reports to USDA on recurring schedules or upon request.
• Provide contact information for each hemp producer covered under the plan including name, address, telephone number, and email address (if available). If the producer is a business entity, the information must include the full name of the business, address of the principal business location, full name and title of the key participants, an email address if available, and EIN number of the business entity.
This information can be provided via mail, fax, or email.
FDACS Response: The Department will require applicants to complete the document titled “Application for License to Cultivate Hemp FDACS-08112.” All the above information is required for licensure.
• A legal description collected and forwarded for land where hemp is produced in the state or tribal territory.
FDACS Response: The Department will require applicants to complete the document titled “Application for License to Cultivate Hemp FDACS-08112.” The Department requires applicants to provide a detailed description of each location intended for the cultivation of hemp, including the address, legal land description, tax parcel number, and GPS coordinates. Additionally, pursuant to rule 5B57.014(5)(d), F.A.C., Licensees are required to notify the Department sixty (60) days before any changes to cultivation location’s approved on the initial application.
• Maintain and report to USDA status of licensed producers (and any changes) and license or authorization numbers of producers
FDACS Response: The Department has software capabilities to generate custom reports that include this information and will provide those reports to USDA on recurring schedules or upon request.
Plans for accurate and effective sampling testing using post decarboxylation or similar reliable methods
- Plans for accurate and effective sampling testing using post decarboxylation or similar reliable methods
• Procedures for collecting samples from the flower material of plants
FDACS Response: The Department has adopted a procedure for collecting floral hemp material prior to harvest in rule 5B-57.014(8), F.A.C. The sample collection will be done by the Department or its agent and will be done in accordance with the documents titled, “Pre-Harvest Sampling Manual FDACS-08127” or “PostHarvest Sampling Manual, FDACS-08129,” as applicable.
• Procedures to conduct sampling and testing 15 days prior to the harvest date anticipated
FDACS Response: The Department has adopted a procedure for collecting floral hemp material prior to harvest in rule 5B-57.014(8), F.A.C. and a procedure for harvesting hemp in rule 5B-57.014(9), F.A.C.
• Procedures to ensure the method used for sampling represents a homogenous composition of the lot
FDACS Response: The Department’s sampling ratios are included in both the “PreHarvest Sampling Manual FDACS-08127” and the Post-Harvest Sampling Manual FDACS-08129” these manuals are adopted by reference in rules 5B57.014(2)(c)3. and 5B-57.014(8)(f), F.A.C., respectively. The ratios in both mirror USDA’s ratios.
• Procedure/statement/allowance to require the producer or an authorized representative of the producer to be present at the growing site during sample collection
FDACS Response: The Department has adopted a procedure for collecting floral hemp material prior to harvest in rule 5B-57.014(8), F.A.C. Pursuant to rule 5B57.014(8), F.A.C., the licensee or its agent must be present during sample collection.
• Procedures to allow for representatives of the sampling agency to have complete and unrestricted access during business hours to all hemp and other cannabis plants and all land, buildings, etc. used for cultivation and/or handling.
FDACS Response: Pursuant to section 581.217(11), Florida Statutes, the Department, or its agent, is authorized to enter any public or private premises during regular business hours in the performance of its duties relating to hemp cultivation.
• Procedures to ensure that a producer does not harvest any cannabis prior to samples being taken
FDACS Response: The Department has adopted a procedure for collecting hemp samples prior to harvest in rule 5B-57.014(8), F.A.C. and a procedure for harvesting hemp in rule 5B-57.014(9), F.A.C. Among other things, Licensees are not permitted to harvest any hemp prior to the collection of samples.
• Procedures to require testing for delta-9 THC concentration. The procedures must require accurate identification of the acceptable hemp THC level. Testing methods must include but are not limited to: 1) Post decarboxylation or other similarly reliable method (*if “similarly reliable,” verify with AMS S&T); 2) Consideration of potential conversion of delta-9 THCA into THC and test result measure total available THC (THC + THCA); 3) Use of gas or liquid chromatography with detection; 4) Procedures to determine total THC concentration on a dry weight basis.
FDACS Response: The Department has adopted a procedure for testing of hemp material prior to harvest in rule 5B-57.014(8), F.A.C. Under the Department rule, Licensees will be required to use a Designated laboratory for any Tetrahydrocannabinol concentration sampling. Both the Department laboratory and a Designated laboratory must test for Total delta-9 concentration in accordance with the “Designated Laboratory Compliance Agreement FDACS08121.” Article 7 of this Compliance Agreement addresses post decarboxylation, the consideration of the potential conversion of delta-9 THCA into THC, and the use of gas chromatography and high-performance liquid chromatography.
• Procedures that prohibit handling, processing, or entering the stream of commerce of any hemp grown in a lot where the acceptable hemp THC level is noncompliant
FDACS Response: The Department has adopted a procedure for testing of hemp material prior to harvest in rule 5B-57.014(8), F.A.C. Among other things, if the laboratory report indicates that the Total delta-9 tetrahydrocannabinol exceeds 0.3% on a dry weight basis, the Department will notify the licensee that the licensee has produced cannabis that exceeds the acceptable Total delta-9 tetrahydrocannabinol concentration and that the licensee must arrange for the collection of the non-compliant Lot by a DEA-registered reverse distributor, or a duly authorized Federal, State, or local law enforcement officer. Licensees are also provided the opportunity to dispose of the non-compliant Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115. Regardless of the option chosen, the Licensee must notify the Department of using the form titled, “Notice of Disposal FDACS-08116” upon collection or destruction of the non-compliant Lot.
• Procedures to ensure the hemp plant material from one lot not be commingled with hemp plant material from other lots
FDACS Response: The Department has adopted a procedure for the harvesting of hemp in rule 5B-57.014(9), F.A.C. The Department allows for a Lot to be harvested once the pre-harvest laboratory results indicate that the sample does not have a Total delta-9-tetrahydrocannabinol concentration that exceeds 0.3 % on a dry weight basis. Additionally, the Department allows for a Lot to be harvested after sampling, but before per-harvest laboratory results are available if the Licensee complies with certain enumerated criteria.
• Procedures to require hemp testing laboratories to adhere to standards of performance for detecting THC concentration, including Measurement of Uncertainty (MU); must use DEA registered labs.
FDACS Response: The Department has adopted a procedure for testing of hemp material by Designated Laboratories prior to harvest in rule 5B-57.014(8), F.A.C., Laboratories must be ISO 17025:2017-accredited including for Cannabinoid Analysis, be registered with the DEA, provide all proficiency sampling documentation to the Department, and, use JCGM 100:2008, Evaluation of Measurement Data-Guide to the expression of uncertainty in measurement (GUM) or the laboratory’s ISO17025:2017 approved procedure.
Plan for disposal procedures
- Plan for disposal procedures
• Procedures for plants that do not meet the requirements of this part
FDACS Response: The Department has adopted a procedure for testing of hemp material prior to harvest in rule 5B-57.014(8), F.A.C. If the laboratory report indicates that the Total delta-9 tetrahydrocannabinol exceeds 0.3% on a dry weight basis, the Department will notify the licensee that the licensee has produced cannabis that exceeds the acceptable Total delta-9 tetrahydrocannabinol concentration and that the licensee must arrange for the collection of the noncompliant Lot by a DEA-registered reverse distributor, or a duly authorized Federal, State, or local law enforcement officer. Licensees are also provided the opportunity to dispose of the non-compliant Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115. Regardless of the option chosen, the Licensee must notify the Department via the form titled, “Notice of Disposal FDACS-08116” upon collection or destruction of the non-compliant Lot.
• Procedures to notify USDA of non-compliant plants and disposal of those plants from the lot where representative samples were taken. Test results must be included.
FDACS Response: Licensees must notify the Department using the form titled, “Notice of Disposal FDACS-08116” upon collection or destruction of the non-compliant Lot. The Department has software capabilities to generate custom reports that include this information and will provide those reports to USDA on recurring schedules or upon request.
Plan for inspection procedures
- Plan for inspection procedures
• Procedure for conducting annual inspections of random sample of licensed producers to verify that hemp is not produced in violation of this part
FDACS Response: Pursuant to section 581.217(11), Florida Statutes, the Department shall conduct random inspections, at least annually, of each licensee to ensure that only certified hemp seeds are being used and that hemp is being cultivated in compliance with this section.
Plan for collection of information
- Plan for collection of information
• Procedure for submitting the information described in 990.70 to the Secretary not more than 30 days after the date on which the information is received
Plan to comply with enforcement procedures
- Plan to comply with enforcement procedures
• Provides for corrective action plan for negligent violations: 1) failure to provide legal description of land; 2) failure to obtain a license; 3) produces cannabis with THC exceeding the acceptable hemp THC leve
Certification that the state or tribal government (whichever applicable) has resources and personnel to carry out required Farm Bill practices and procedures
- Certification that the state or tribal government (whichever applicable) has resources and personnel to carry out required Farm Bill practices and procedures
FDACS Response: Pursuant to section 581.217(1), Florida Statutes, the state hemp program is created within the Department to regulate the cultivation of hemp in the state. This section constitutes the state plan for the regulation of the cultivation of hemp for purposes of 7 U.S.C. s. 1639p. For fiscal year 2019-20, the Department intends to implement this program with existing resources. For Fiscal 2020-21, the Department is seeking additional legislative funding to
implement the program, as well as, statutory authority to charge license fees to hemp cultivators.
Plan may include other practices or procedures as long as consistent with this part and the Act. Plan may include requirements more stringent than this part or the Act.
FDACS Response: All practices or procedures not discussed above are provided for in section 581.217, Florida Statutes, or adopted in rules 5B-57.014 and 5E-4.006, 5E-4.007, and 5E-4.016, F.A.C.
License Numbering Schemes for State and Tribal Hemp Production Plans States must use the following format when assigning license or authorization numbers:
FDACS Response: Florida will issue licenses using the following format: 12_1000, 12_1001, 12_1002, etc.