302 Ky. Admin. Regs. 50:060

Current through Register Vol. 47, No. 10, April 1, 2021
Section 302 KAR 50:060 - Fees for the Hemp Licensing Program

RELATES TO: KRS Chapter 217B, 260.850-260.869

NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1)(a) authorizes the department to promulgate administrative regulations for a Hemp Licensing Program in the Commonwealth of Kentucky, and authorizes the department to license persons who wish to participate in a Hemp Licensing Program by cultivating, handling, processing, or marketing hemp. KRS 260.862(1)(e) authorizes the department to establish a schedule of nonrefundable fees. This administrative regulation establishes a schedule of fees for applicants and licensees.

Section 1. Schedule of Fees for Hemp Growers.
(1) The definitions for this section shall be the same definitions established in 302 KAR 50:020, Section 1.
(2) The fees established in this section shall be nonrefundable.
(3) The Grower License Application fee shall be waived. There shall be a $200 service charge for those applications submitted on paper. There shall be no service charge for applications submitted online.
(4) The annual Grower Licensing Fee shall be $400 for each growing address. This fee includes the first three (3) samples collected for THC testing from that growing address. Beginning with the fourth sample, the Licensed Grower shall be invoiced for a secondary pre-harvest sample fee of $250 for each additional sample collected for THC testing.
(5) The secondary pre-harvest sample fee shall be $250 for each sample.
(6) The retest fee shall be $250 for each sample.
(7) The site modification surcharge fee shall be $750 for each GPS coordinate location change for each growing site after the grower licensing agreement has been executed.
Section 2. Schedule of Fees for Hemp Processors or Handlers.
(1) The definitions for this section shall be the same definitions established in 302 KAR 50:030, Section 1.
(2) The fees established in this section shall be nonrefundable. (3) The Processor/Handler License Application fee shall be waived. There shall be a $200 service charge for those applications submitted on paper. There shall be no service charge for applications submitted online.
(4) The annual Processor/Handler Licensing Fee for processing the grain component of hemp shall be $500.
(5) The annual Processor/Handler Licensing Fee for processing the fiber component of hemp shall be $500.
(6) The annual Processor/Handler Licensing Fee for processing the floral material component of hemp (such as CBD) shall be $3,000.
(7) The annual Processor/Handler Licensing Fee for a handler (such as a seed cleaner or laboratory) shall be $500.
(8) A processor for more than one (1) component (grain, fiber, or floral material) shall pay the licensing fee for each component. (For example, a person who processes hemp for fiber, grain, and CBD shall pay a participation fee of $4,000.)
(9) The site modification surcharge fee shall be $750 for each GPS coordinate location change for each processing or handling site after the Processor/Handler application or renewal has been submitted.

302 KAR 50:060

Amd 44 KyR 1770, 2007; eff 4/6/2018; 47 Ky.R. 313; eff. 7/13/2020; 46 Ky.R. 2520; 47 Ky.R. 313; eff. 9/17/2020.

STATUTORY AUTHORITY: KRS 260.862