230 R.I. Code R. 230-RICR-80-10-1.6

Current through October 15, 2024

Section 230-RICR-80-10-1.6 - Application Process - Grower and Handler

A. Each applicant for an industrial hemp grower, handler or dual license must submit to DBR:

1. A signed, complete, accurate and legible application in the form prescribed by DBR.

a. Applications will be accepted throughout the calendar year;

2. A non-refundable application fee of two-hundred and fifty dollars ($250); and

3. Any other information as required by DBR.

B. Applicants applying to renew a license must submit a renewal application along with the applicable renewal licensing fee and must submit any other information as required by DBR.

C. Applications for initial and for renewal licenses must include, on the application, the licensing numbers of any previous licenses held and year of issuance of those licenses.

D. DBR will consider applications for industrial hemp grown outdoors or indoors.

E. The industrial hemp grower, handler or dual license applicant must provide:

1. Name, mailing address, e-mail address and telephone number of:

a. The applicant who will supervise, manage, or direct the growing, and/or handling of hemp or hemp products;

b. Any person partnering or providing consulting services regarding the growing and/or handling, of hemp or hemp products; and

c. The applicant's employees and, if the applicant is an entity, the applicant shall provide the title and e-mail address of the applicant's key participants.

2. If the applicant is an entity, the applicant must also provide its full name, the address of its principal place of business, and its Internal Revenue Service Employer Identification Number.

3. A detailed description of the land area (including street address, assessor's plat and lot number, square footage and if the land does not abut a public road, the nearest public road of access) or facility location to be used for the growth, production, distribution and/or sales of industrial hemp including, but not limited to a map or aerial photograph and Global Positioning System ("GPS") coordinates sufficient for locating production fields and showing the boundaries, dimensions and size of the growing area, total acreage of the growing area, and a description of the building including approximate dimension or square feet of the growing area if cultivation occurs indoors.

4. A description of how the applicant will track hemp growth from seed to sale, including the policies and procedures for handling voluntary and mandatory recalls of all hemp, hemp derivatives and hemp products.

a. Such procedures shall be adequate to deal with recalls due to any action initiated at the request or order of DBR, and any voluntary action by a grower, handler, or dual licensee to remove defective or potentially defective hemp, hemp derivatives or hemp products from the market, as well as any action undertaken to promote public health and safety.

5. A signed statement that the applicant is the owner or lessee of the growing area, land area and any building to be used for cultivation, and/or handling, of industrial hemp and/or hemp products or a statement, signed by the owner of the growing area, land area and any building consenting to that use.

6. An attestation that:

a. Upon receipt of the industrial hemp seeds the licensee shall submit a copy of the certificate of analysis to DBR showing the industrial hemp seeds for cultivation are from a certified source and is of a type or variety that do not exceed the maximum concentration of delta-9 THC as set forth in the Act, as applicable;

b. If a licensed grower or handler, the licensee will submit to required sampling and testing pursuant to § 1.9 of this Part; and

c. If a licensed handler, upon receipt of the industrial hemp plants, flower or product, the licensee shall retain and submit a copy of the certificate of analysis from an approved testing facility to DBR, if requested, showing the plants, flower or product does not exceed the maximum concentration of THC as defined by § 1.5(LL) of this Part and set forth in the Act, as applicable.

7. A detailed description of the applicant's cultivation or production method, as applicable, specifically including a description of how the applicant will keep lots from being commingled.

8. A detailed description of the applicant's extraction method, if applicable.

9. A statement of intended end use for all industrial hemp to be grown or produced including parts or derivatives of any hemp plants or hemp that will be grown or produced by the applicant, if applicable.

10. Documentation that the applicant has or will enter into sale agreements or otherwise transact with another licensee or such other persons who are in compliance with applicable laws regarding the possession, processing and sale of industrial hemp.

11. Applicant's desired license type, whether grower, handler, or dual grower and handler.

12. Documentation demonstrating that the applicant's grower and/or handler activities will comply the city/town's applicable zoning ordinances.

13. Any other information DBR determines is necessary for enforcing the Act, the Program and these regulations.

F. All grower applications will be submitted to DEM for its review before the issuance of any license. As a result of DEM review, the applicant may be asked to provide additional information as needed by DBR or DEM. Failure to provide such additional information or otherwise respond may result in the denial of the license.

G. Incomplete grower, handler, dual license applications are deficient and will not be processed.

H. False, inaccurate or misleading information provided on an application is grounds for license denial. Licenses may be denied to applicants who have previously had an industrial hemp license revoked, suspended or denied. Any applicant that materially falsifies information contained in their application shall be deemed ineligible to participate in the Industrial Hemp Program.

I. In conformity with 7 C.F.R. § 990.7, DBR will maintain and transmit the information in §§ 1.6(E)(1) and (3) of this Part to the United States Department of Agriculture through its HeMP online system within thirty (30) days of DBR's approval of an application, or the licensee's notice to DBR of a change to said information.

230 R.I. Code R. 230-RICR-80-10-1.6

Amended effective 10/10/2021
Amended effective 6/11/2022
Amended effective 8/14/2024