Ariz. Admin. Code § 3-4-1006

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-4-1006 - Authorized Seed and Propagative Material

A. Authorized seeds and propagative material. Seeds and propagative materials authorized for use by a licensee is not a guarantee a crop will produce a Total Delta total delta-9 THC concentration of not greater than 0.300%. Seeds and propagative material that are used to produce an industrial hemp crop or plant shall:

1. Be produced from an industrial hemp crop or plant; and

2. Originate from either:

a. A person, business, college or university licensed or certified in a state or federal program authorized to produce industrial hemp; or

b. A foreign source that is authorized by the country of origin to export industrial hemp seed or propagative material to produce an industrial hemp crop.

B. Each licensed grower or nursery is responsible for the acquisition of seed or propagative materials used for the growth of industrial hemp. The licensee shall keep and maintain the following information:

1. A copy of the seed or propagative material producer's certificate, license or equivalent documentation authorizing the production of industrial hemp;

2. An official analysis of the crop or plant that produced the seed or propagative material that indicates the crop or plant contained a total delta-9 THC concentration of not greater than 0.300% on a dry weight basis; and

3. Phytosanitary certificates or nursery certificates issued by a plant regulatory official for any propagative materials to ensure compliance with A.R.S. § 3-211 and Title 3, Chapter 4, Article 2 of the Arizona Administrative Code.

C. Labeling requirements. All Industrial Hemp seed or propagative material sold within or into Arizona must be labeled as to variety/ strain or hybrid name, and origin.

1. For purposes of labeling, the number or other designations of hybrid industrial hemp shall be used as a variety name.

2. All Industrial Hemp seed for planting purposes sold within or into Arizona is subject to the Arizona seed laws under A.R.S. §§ 3-231 et seq. and Title 3, Chapter 4, Article 4 of the Arizona Administrative Code.

D. Shipment of hemp plants for planting purposes.

1. Hemp plants for planting purposes produced by a licensed nursery for intrastate or interstate shipment shall:

a. Have been produced from authorized hemp material as indicated in R3-4-1006(A);

b. Have been produced in compliance with the laws, rules and order of the Director for the production of industrial hemp;

c. Be transported with a copy of the nursery producer license; a copy of the receiving grower license; and a manifest or bill of lading indicating the amount in the shipment and physical destination of the shipment; and

d. Only be sold or distributed to an entity or individual licensed to produce hemp.

2. Hemp plants produced by a licensed nursery for the interstate shipment of hemp plants for planting purposes shall, in addition to the requirements in R3-4-1006(D)(1):

a. Be accompanied by a certificate issued by the Department that attests the material was produced in compliance with laws, rules and orders of the Director regulating the production of industrial hemp in the state; and

b. Ensure compliance with all plant quarantine requirements of the destination state and certification as indicated in R3-4-301 as applicable.

E. Restrictions.

1. A person that receives seed or propagative materials that does not comply with this Article or any other phytosanitary, seed or labeling law of the state shall immediately notify the Department and hold the seed or propagative material until a disposition is provided by the Department.

2. The Department may direct a licensee to place a shipment of seed or propagative material on hold to ensure compliance with this Article and any other law or regulation that may apply to the shipment of agricultural seed and plants for planting purposes.

Ariz. Admin. Code § R3-4-1006

Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.