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DEPARTMENT OF AGRICULTURE

2017 Industrial Hemp Research Pilot Program Parameters

[46 Pa.B. 7668]
[Saturday, December 10, 2016]

 The Department of Agriculture (Department) is conducting the Industrial Hemp Research Pilot Program (Program) as authorized by section 7606 of the Agricultural Act of 2014 (Farm Bill) (7 U.S.C.A. § 5940) and 3 Pa.C.S. §§ 701—710 (Act 92) (relating to industrial hemp research), signed by Governor Wolf on July 20, 2016. This Program allows researchers from institutions of higher education and growers contracting with the Department to apply and be approved for a research permit from the Department.

 This document outlines Program parameters for 2017. The Department may revise Program parameters in upcoming years to reflect regulatory and statutory changes or scientific advances.

 The following information is a guide for researchers when planning industrial hemp pilot projects for submission to the Department for approval as required by Act 92.

 1) Research Scope:

 a. Who may Apply to Conduct a Pilot Research Project:

 i. An institution of higher education, as defined by the Farm Bill and Act 92, may submit an Industrial Hemp Research application to the Department. Once approved, an institution of higher education holding an industrial hemp research permit issued by the Department may contract with a person* to grow or cultivate industrial hemp under its approved hemp research project. The contract between the institution of higher education and the person must incorporate the provisions of the permit issued by the Department and will require review and approval by the Department.

 ii. A person1 desiring to conduct an industrial hemp research project independent of an institution of higher education may submit an Industrial Hemp Research application directly to the Department. If the project is approved, the person shall enter into a contract with the Department and be issued an industrial hemp research project permit. The person permitted may contract with others to grow or cultivate industrial hemp under its approved hemp research project. The contract must incorporate the provisions of the permit issued by the Department and will require review and approval by the Department.

 iii. Persons applying for and/or involved with the research and growing of the industrial hemp crop, not directly employed by the Department, must submit results of Pennsylvania State Police (PSP) or Federal Bureau of Investigation (FBI), or both, criminal history record checks to the Department for the purpose of verifying any criminal arrests and convictions.

 iv. More specifically:

 At the time of the application, the applicant must submit a PSP response to criminal record check obtained from the e-PATCH system at https://epatch.state.pa.us/Home.jsp for each person named in the application. (Proof of submission of the request would also be acceptable if the response is not received by the application deadline.)

 When the application is approved, and before a permit will be issued, the Department must have received and approved:

 a. A PSP response to criminal record check for each project participant.

 b. A PSP response to criminal record check and an FBI criminal history background check for the applicant. Information about the process for FBI fingerprinting-based background checks will be provided upon approval of the application.

 v. Persons shall submit the criminal history background check to the Department to be eligible to be involved in the pilot project. Any person with a felony drug conviction within the past 10 years may not contract to grow or cultivate industrial hemp under the Program. The Department's final approval of the application and issuance of a permit is contingent upon a successful background check.

 vi. After approval of an industrial hemp research project, if any person involved in the approved project is charged and convicted of a felony, including a felony drug conviction, the holder of the contract and permit must immediately file a report with the Department. The Department will make a determination of any action related to the approved industrial hemp project. Failure to report will result in revocation of research permits and contracts, and may result in issuance of control orders and application of criminal or civil penalties, or both, in accordance with Act 92.

 b. Application Content: An application for participation in the 2017 Program is available and must be completed in full. Major sections of the application include:

 i. The names and addresses of the applicant and of all participants in the research project.

 ii. A detailed description of the research project, including objectives, work plan and anticipated timeline.

 iii. The size and legal description of each location, plot and site to be utilized to grow or cultivate industrial hemp. (The Department inspectors will collect GPS coordinates during site visits.)

 iv. A description of resources available to implement the project, including experience of participants, personnel and equipment.

 v. For those applications proposing the sale or distribution of an industrial hemp product, the application must include documentation that the product complies with all Federal and State laws and regulations that govern the sale, production, labeling, marketing and distribution of the products.

 c. Contracts and Permits: Upon approval of an industrial hemp research project and prior to implementation of any part of that approved project, the institution of higher education or person approved must enter into a contract with the Department and individual permits must be issued by the Department. Individual permits will establish specific parameters and requirements to be followed.

 d. Research Scale: A single application should describe a single research project to be conducted using a maximum research plot of 5 acres in size, or smaller plots, which when combined, will not exceed a size of 5 acres. If projects receive approval, the Department will collect GPS coordinates of each site where industrial hemp will be grown, and these coordinates will be shared with State and local law enforcement.

 e. Research Duration: Research projects may be for the duration of 1 to 3 years.

 f. Limited Research Project Approvals: For the first year of the Program, the Department will approve a maximum of 30 applications. The Department retains the right to define what constitutes a single research project, suitable for approval as a single application and issuance of a single permit.

 g. Government Grant Opportunities: In the event a pilot project sponsor is awarded a grant by the United States Department of Agriculture (USDA) or other government agency, the Department will expedite the project review/approval process to enable the grant funded project to proceed in a timely manner.

 h. Research Focus: The Department accepts the focus provided by the USDA/United States Drug Enforcement Agency (DEA)/United States Food and Drug Administration (FDA) ''Statement of Principles on Industrial Hemp'' published at 81 FR 53395 (August 12, 2016). In this statement, Federal agencies define industrial hemp as ''used exclusively for industrial purposes (fiber and seed).'' It further states that, while sales of hemp products may be part of marketing research, products in a research pilot program should not be produced ''for the purpose of general commercial activity.''

 The Program will permit projects on topics concerning the growth, cultivation or marketing of hemp exclusively for industrial purposes (fiber and seed) and not for the purposes of general commercial activity. Appropriate research topics include:

 [  ] Planting methods

 [  ] Seed variety trials

 [  ] DNA sequencing/genetics

 [  ] Optimum fertility levels

 [  ] Best management practices in crop production

 [  ] Pest management strategies

 [  ] Development of harvesting methods/equipment uses

 [  ] Development of hemp seed products, including oil derived from seed

 [  ] Biomass, seed and fiber yield trials

 [  ] Conservation/riparian buffers

 [  ] Phytoremediation

 [  ] Biofuel

 i. Research Description: Research projects submitted must describe and follow a detailed scientific method. Using the research focuses previously listed as a guide, applicants must establish a question and a hypothesis about growth, processing or marketing of industrial hemp, which will provide the Department, institutions of higher education and industrial hemp commodity groups with new, regionally appropriate and useful crop knowledge, better understanding of in-State market potential or improvement of established processing methods for industrial hemp, or both. The purpose of this research is to allow for the future structuring of an industrial hemp industry for the Commonwealth. It is recommended that those interested in supporting pilot projects work with institutions of higher education and publish the results of their project in agricultural or scientific publications to provide documented data and information to expand and validate the findings of the project.

 i. Following is an example of an appropriate research project:

Comparing the Durability, Cleanliness and Affordability of Multiple Varieties of Hemp Fiber Bedding to Straw Bedding from Traditional Cereal Crop in Porcine Facilities.
An inventory of input costs will be recorded and evaluated for a variety of hemp seed plantings and for a control planting of traditional cereal crop. Costs of processing bedding products from the hemp crop and traditional cereal crop will be recorded and evaluated. The resulting bedding products will be used as the bedding materials for identical test groups of pigs. Tests and observations for characteristics such as moisture retention, mold growth, particle degradation, compaction, and the like will be recorded and evaluated for each hemp variety source and comparison results will be shared. Based on the data resulting from these observations, a conclusion and recommendation for or against varieties of industrial hemp will be made.

 ii. The approved researchers shall make quarterly update reports on the progress of all research and adhere to all recordkeeping, sampling and testing requirements as established by the Department in the contract and individual permits issued. Failure to meet these requirements will result in removal from the Program and affect eligibility for future project approval. Control orders for the destruction of the crop may be issued as allowed under Act 92 and for violations of the terms of the contract or permits issued. A control order will be issued where the contract and permit are revoked.

 iii. For purposes of marketing research, but not for the purpose of general commercial activity, industrial hemp products may be sold, if sales are not prohibited under other Federal or State laws. The USDA/DEA/FDA ''Statement of Principles on Industrial Hemp proclaimed the Federal law does not ''alter the approval process for new drug applications'' nor does it ''alter the requirements of the Controlled Substances Act (CSA) that apply to the manufacture, distribution and dispensing of drug products containing controlled substances'' nor the requirement for ''those conducting research with such drug products.''

 j. Seed Acquisition: The Department will acquire a registration from the DEA as an importer of Schedule 1 drugs for noninstitution of higher education pilot projects. The Department will then be able to apply for permits to import seed (controlled substances for domestic and scientific purposes) from international sources. No industrial hemp seed may, or will, be acquired from other states until a regulatory framework for acquisition has been established through the DEA. As part of the Program application, applicants will be asked to supply their preferred sources of seed and the variety of seed. The approved researcher will be required to pay for seed, import and transportation charges. The Department will be the recipient of the seeds for applicants chosen to participate in the Program not sponsored by an institution of higher education and the seed will remain in the custody of the Department until planting.

 i. Pilot project participants are responsible for making all arrangements for acquisition of the industrial hemp seeds for planting, including identifying the source, making payment, arranging transportation, completing required forms for importation and movement of the seed needed by the Department to submit to the appropriate agencies.

 ii. All seed purchased under the Department's DEA registration must be delivered to the Department.

 iii. The Department will accept deliveries of the seed on behalf of Program participants and deliver the seed to the test plot at planting during normal business hours. All unused seed will be collected by the Department.

 iv. No seed produced by pilot projects may be saved or used for future planting unless: 1) the original seed source holding rights to the seed provides written approval and documentation of their authority to grant that permission; and 2) written approval is received from the Department.

 v. The Department will act as the acquisition agent only and is not responsible or liable for the condition, warranty, guarantee, company delivery delays, and viability of the seed or tetrahydrocannabinol (THC) level of plants grown from the seed. The Program participant takes full responsibility for any and all costs associated with the seeds and plants grown from them including crop destruction if THC levels exceed the 0.3% permitted level.

 k. Product Restrictions: All Cannabis plant material or products produced from them must contain total THC levels of less than 0.3%. If THC levels are found to be greater than 0.30%, the material shall not move off site and products cannot enter market. If THC is between 0.3% and 1.0%, confirmational testing or alternative destruction methods may be authorized, at the Department's discretion. For any planting with THC levels over 1.0%, the Department will issue an order for the registrant to immediately destroy the plants and law enforcement will be notified and has the authority to pursue prosecution under any applicable laws.

 i. The project plan must include detailed statements describing the management of the plants and all plant parts at the end of the growth period. Researchers that plan to conduct or offer any part of the plant for processing following the growing trials must include a detailed description of the processes that will be used and measures taken with respect to the management, security and sterilization of any seed produced.

 ii. If the research project methods involve processing of the hemp plant and the processing facilities are located away from where the hemp plants are registered to be grown, then a transportation plan must be submitted before a permit will be issued. Only a driver who has gone through required background checks may transport the hemp and the hemp must be transported in a truck or van with an enclosed, interior, locked compartment. Individuals involved in the processing must also have the required clearances.

 iii. Institutions of higher education, growers and processers of finished products will be held responsible to meet all laws, regulations and requirements of all authorities that regulate any products produced, marketed, labeled, distributed and/or sold as part of the permitted industrial hemp research project. This may include, but may not be limited to, the DEA, the FDA, the USDA, the United States Internal Revenue Service, the Department's Bureau of Food Safety and Laboratory Services, the Department of Health and any other governmental authority.

 iv. The name, symbols, and logos of the Commonwealth of Pennsylvania or any of its agencies, including the Department, may not in any way be used in the labeling, promotion or marketing of any hemp products associated with the Program without written permission from the Department.

 2) Application Process: An application for participation in the 2017 Program is available with a deadline for submission to the Department of 4 p.m. on January 6, 2017. Application submission will be possible by e-mail, fax, hand delivery, United States Postal Service, overnight courier service or express mail. Applications must be complete and accurate, submitted on the official application and accompanied by a check or money order for the application fee payable to the Commonwealth of PA in the amount of $250. Incomplete applications may be discarded. These applications will be the sole source of information under consideration for potential participation. The Department will evaluate each application and select projects for approval based on the legitimacy of the research and the applicant's ability to complete the proposed project.

 a. Notification of tentative approval of projects will occur from January 31, 2017, through February 17, 2017. Upon tentative approval of a project, a process will begin that will include development of a contract between the applicant and the Department, a site visit and issuance of an individual permit for each approved research project.

 b. Before issuing a permit, the Department will collect $3,000 per research project, to cover the Department's costs for administration and project review.

 3) Inspection, Sampling, Testing and Recordkeeping: During the course of a research project, participants will be subject to farm/establishment inspections to verify compliance with all requirements of the contract and individual permit issued. Inspection may include sampling by the Department inspectors for the purpose of hemp seed germination and quality testing, and for determination of plant THC levels.

 a. The Department's inspectors must be granted unrestricted access during normal business hours to all growing locations and adjacent areas, storage, processing and all other grounds, structures and facilities involved in the approved Program project.

 b. Inspection visits may be made with little or no notice during regular business hours. Project leaders or their representatives will be notified and requested to be present to accompany the Department inspector and allow access to any part of the field or establishment.

 c. Sampling of plants or plant parts for THC testing will be done by the Department's inspectors utilizing a statistical method developed to provide an accurate representation of the test plot. If requested the inspector will provide a duplicate sample to the project leader. The Department sampling will target female flowers near the time of harvest, as that sample is most likely to have the highest levels of THC.

 d. Individual samples will be collected for each variety or lot of seed, or both, planted. Larger plots may require more than one sample to be accurate.

 e. Unless prohibited by the nature of the pilot project, the Department strongly recommends that larger plots be planted with access spaces (walkways) through the planting to allow access for sample collection.

 f. Records of all information detailing the pilot project including inputs, climatic events and pesticide applications will be required as part of the final project report.

 g. Detailed records documenting any movement of seed, plants or plant parts are also required to be submitted at the conclusion of the project.

 h. More specific recordkeeping requirements will be set forth in the individual permit issued for each approved pilot research project.

 4) Termination/Decommissioning of Project Responsibilities: All industrial hemp plants must be destroyed at the conclusion of the project and the Department will continue to monitor the site for 3 years to insure there is no regrowth or sprouting. The Department must be given access to the site during normal business hours to conduct follow up inspections during this time to verify there is no regrowth at the location. Any industrial hemp plants found must be destroyed.

 5) Program Costs: There are no financial awards associated with the Program. All costs incurred with the research must be paid for by the participating institution of higher education or individual applicants. The Department will charge one administrative fee of $3,000 per research project, due before a permit will be issued. The Department will also invoice the project for costs associated with inspection and testing.

 The following is a list of anticipated costs associated with a research project, all of which would be the responsibility of the person conducting the research:

 a. Application Fee: $250—nonrefundable, payable to the Department at time of application submission.

 b. Cost of PSP criminal record checks for all research participants, plus cost of FBI background check for applicant.

 c. The Department Administrative Fee: $3,000—must be paid before a permit will be issued.

 d. Hemp seed purchase, importation charges, acquisition and transportation to the Department (direct billed to researcher).

 e. All costs associated with the research itself.

 f. The Department's Service Fees:

 i. The Department's staff time for following types of activities will be assessed at $100/hour including travel time:

 - Initial site approval visit (to each growing site)

 - Delivery of seed to project for planting

 - Growing site inspection—sampling

 - Growing site inspection—decommissioning (minimum of three)

 - Site inspection (processing sites)—Initial site approval visit

 ii. Hemp seed testing

 - Germination: $15

 - Purity: $17

 - Combined: $32

 iii. Plant material testing for THC levels (official sample): $200/sample

RUSSELL C. REDDING, 
Secretary

2017 APPLICATION PACKET

Guidelines and Instructions

Application

Template for Attachment A

Industrial Hemp Research Pilot Program
Permit Application

Guidelines and Instructions

 The Pennsylvania Department of Agriculture (PDA) is conducting an Industrial Hemp Research Pilot Program as authorized by section 7606 of the Agricultural Act of 2014 (Farm Bill) and Pennsylvania's Industrial Hemp Research Act (3 Pa.C.S.A. 701—710) (Act 92), signed by Governor Wolf on July 20, 2016. Researchers from institutions of higher education or growers who would like to be considered for participation in the program must submit a 2017 PDA Industrial Hemp Research Pilot Program Permit Application prior to the application deadline. More detailed information about this program is available in the 2017 Program Parameters document.

 1. Application Deadline: January 6, 2017 is the application deadline for all 2017 industrial hemp research projects. Applications may be submitted via email, FAX, hand delivery, U.S. Postal Service, overnight courier service or express mail. Regardless of the delivery method used, they must be received no later than 4:00 PM on January 6, 2017.

 2. Application Submission: Submit application and corresponding materials to:

ATTN: Cathy Thomas
Industrial Hemp Research Pilot Program Coordinator
PA Department of Agriculture, Bureau of Plant Industry
2301 N. Cameron St
Harrisburg PA 17110

E-mail: caththomas@pa.gov
FAX: 717-783-3275

 3. Application Cost: Applications must be accompanied by a check or money order for the application fee payable to the Commonwealth of PA in the amount of $250.00. For those applicants using e-mail or FAX submission, check or money order must still be received at PDA by the January 6 deadline.

 4. Application File Format: The PDA Industrial Hemp Research Pilot Program application is available in two file formats: Microsoft Word and PDF. If you do not have compatible software, please print out the PDF and complete the form manually and legibly.

 5. Complete Applications: Applications must be complete and accurate. Follow all instructions in the document.

 6. Application Review: PDA will evaluate each application and select projects for approval based on the legitimacy of the research and the applicant's ability to complete the proposed project. PDA may not conduct follow-up inquiries.

 7. Research Project: Section 7606 of the Farm Bill authorizes industrial hemp research programs only; consequently, each applicant must submit a research plan. The United States Drug Enforcement Agency will not allow the import of seeds for commercial production, only research. The 2017 PDA Industrial Hemp Research Pilot Program will consider projects of up to 3 years in duration, with annual reauthorization by PDA. Research projects may be conducted in a maximum research plot of 5 acres in size, or smaller plots which when combined will not exceed a size of 5 acres. The PDA Industrial Hemp Research Pilot Program will permit projects on topics concerning the growth, cultivation or marketing of hemp exclusively for industrial purposes (fiber and seed). The research plan is to be addressed in Question 3 of the application. It is important to be detailed and thorough in your answers. More detailed guidance about research scope is outlined in the 2017 Program Parameters document.

 8. Background Checks: At the time the application is submitted, a PA State Police (PSP) response to criminal record check (obtained from https://epatch.state.pa.us/Home.jsp) must be attached to the application for each project participant listed in the application. (Proof of submission of the request would also be acceptable if the response has not been received by the application deadline).

 If the application is approved, and before a permit will be issued, PDA must have received and approved:

 a. A PSP response to criminal record check for each project participant.

 b. A PSP response to criminal record check and an FBI criminal history background check for the applicant. Information about the process for FBI fingerprinting-based background checks will be provided upon approval of the application.

 This background check process will only need to be done once for all participants prior to the permit being issued. However, if any participating person is convicted of a felony after the permit has been issued, a report must be filed immediately with PDA, who will make a determination of any action related to the industrial hemp project. Failure to report will result in revocation of research permits and contracts, and may result in issuance of control orders and application of criminal and/or civil penalties in accordance with Act 92.

 9. Timeline: The expected timeline for approval of 2017 projects is as follows:

 a. January 6, 2017—Applications due.

 b. January 31—February 17, 2017—Notification of tentative approvals of research projects.

Note: The PA Department of Agriculture has applied for DEA registration, but does not have control over timeframe for registration approval nor for DEA processing of Import Permits for individual shipments of seed. There is a possibility that seed will not be received in time for planting in 2017. If seed arrives late, the permit holder will have the option to destroy the seed or to delay the project start date until 2018.

 For more information on the PDA Industrial Hemp Research Pilot Program, please visit: www.agriculture.pa.gov/Protect/PlantIndustry/Pages/Industrial-Hemp-.aspx.


2017 Industrial Hemp Research Pilot Program Permit Application

Institution/Business Name:
Project Director:
Mailing Address:
City: State:Zip:
Email Address:
Phone Number: Secondary Phone:

 1) Indicate the focus of your 2017 project. [Please check all that apply.]

 [  ] Seed, Grain

 [  ] Fiber

 2) Provide a list of all individuals (professors, research assistants, farm managers, contracted growers, etc.) who will be managing the research project or handling industrial hemp. List each person's name, address, responsibilities associated with this project and qualifications. Attach additional sheet(s) if necessary.

Employees of Applicant
Name Address Responsibilities Qualifications
Under Contract
Name Address Responsibilities Qualifications

 * The applicant is responsible for acquiring state police criminal record checks for each person involved with the project. These must be available to PDA before a permit will be issued. Any individual who is found to have a felony drug conviction within the past 10 years may not be involved with this project.

 3) Describe in detail the industrial hemp research project you are interested in conducting beginning in the 2017 growing season. Provide this in an attachment to this application, labelled ''Attachment A.'' The Attachment should be no more than 3 pages in length, and should include:

 a. Project title and objective(s)

 b. Work plan and timeline

 c. General location information and security considerations

 d. Method of measuring project success

 e. Plant material handling at end of project:

 i. Anticipated hemp plant material, seed, or hemp products retained

 ii. Methods for destruction of any hemp plant material remaining at end of the research project.

Note: More detailed guidance about research scope is outlined in the 2017 Program Parameters document. Applicants should also reference the Template for Attachment A for format instructions. Incomplete answers to this question will result in the application's removal from consideration.

 4) Provide a brief description of your previous experience with agricultural research and/or crop production.

 5) Indicate the source of certified seed that you intend to plant. If you are using multiple sources, provide information for each source. Attach additional sheet(s) if necessary. More detailed guidance on seed acquisition is provided in the 2017 Program Parameters document.

Note: Prior determination of your seed source is not mandatory for this application to be considered, but must be provided to PDA before a permit will be issued.

 Source 1:

 a) Seed Company: __________

 b) Company Address: __________

 c) Contact Email: __________

 d) Seed Variety: __________

 [  ] Check here if your seed source is unknown.

 6) What equipment do you have to implement this project (eg., for planting, cultivating, harvesting)? Have you considered any equipment modifications to accommodate this crop?

 7) Describe how you intend to handle and store the harvested Industrial Hemp. Provide details about the storage structure, if any, including location, security and intended duration at the storage location.

 8) Provide a list of all intended growing and storage addresses. GPS coordinates of fields and facilities will be measured by PDA inspectors and locations will be mapped and shared with law enforcement agencies. Attach additional sheet(s) if necessary. If an exact street address is not available for the farm entrance, list an approximate number, road name, city and county.

Address City State Zip County Own or Rent
Farm 1 PA
Farm 2 PA
Farm 3 PA
Farm 4 PA
Farm 5 PA

 9. If your research project involves marketing of hemp products, what products will you develop? If you will not be developing products, move to Question # 13. Please list all intended products and the anticipated volume of products. Attach additional sheet(s) if necessary.

Hemp Products Anticipated Volume

 10) If you intend to make food grade products, do you have a Food Establishment Registration from the PA Department of Agriculture? [  ] Yes   [  ] No If yes, attach a copy of your Registration. If no, describe your plans to apply for registration.

 11) Do you have a Pennsylvania facility with the necessary equipment to process your industrial hemp products? [  ] Yes   [  ] No If yes, describe your facility and equipment. If no, explain your plans to find/develop a facility and acquire equipment.

 12) Provide a list of all intended processing and storage addresses. PDA will share all location information with law enforcement agencies.

Address City State Zip County
1 PA
Description of # 1 Facility and Purpose:
2 PA
Description of # 2 Facility and Purpose:
3 PA
Description of # 3 Facility and Purpose:

 13) Have any of the project participants ever been convicted of a drug-related felony or misdemeanor?  [  ] Yes [  ] No If yes, provide dates and details about the conviction(s) that have occurred.

Note: Please attach PA State Police response to criminal background check (obtained from https://epatch.state.pa.us/Home.jsp) for applicant and all listed participants in project. Proof of submission of the epatch request would also be acceptable if the response has not been received by the application deadline.

 14) The USDA/DEA/FDA ''Statement of Principles on Industrial Hemp'' (published 8/12/2016) states that federal law does not ''alter the approval process for new drug applications'' nor does it ''alter the requirements of the Controlled Substances Act (CSA) that apply to the manufacture, distribution, and dispensing of drug products containing controlled substances,'' nor the requirements for ''those conducting research with such drug products.'' Please provide a statement of whether your proposal involves any activity that could be construed as regulated under the Controlled Substances Act. Please provide a full explanation.

 15) The USDA/DEA/FDA ''Statement of Principles on Industrial Hemp'' (published 8/12/2016) states that the term ''industrial hemp'' as interpreted by the federal government only includes hemp ''used exclusively for industrial purposes (fiber and seed).'' Please provide a statement of whether your proposal involves any activity that could be construed as being beyond this interpretation of the term ''industrial hemp.'' Please provide a full explanation of your position.

 16) The USDA/DEA/FDA ''Statement of Principles on Industrial Hemp'' (published 8/12/2016) states that any marketing research pursuant to PDA's program cannot be for ''the purpose of general commercial activity.'' Please provide a statement of whether your proposal involves any activity that could be construed to be beyond this allowable scope of marketing research. Please provide a full explanation of your position.

 17) I affirm that I am prepared to conduct a research project and comply with all other requirements of the Pennsylvania Department of Agriculture Industrial Hemp Research Pilot Program, including timely submission of reports and other required documents.

 [  ] Yes [  ] No

 18) I acknowledge that all physical addresses of the location(s) to be used to grow, process or store industrial hemp must be submitted with this application. This application constitutes written consent by the applicant to allow PDA personnel access to any research pilot locations as deemed necessary by PDA for evaluation, including verification of compliance and progress of research. Any changes to physical addresses used in the growing or processing of hemp shall be approved in writing by PDA prior to that location being legally permitted for use in this project.

 [  ] Yes [  ] No

 19) I acknowledge that there may be no follow-up questions during the application review process. The written responses on this application and attachments may be the sole source of information under consideration for potential participation in the PDA Industrial Hemp Research Pilot Program.

 [  ] Yes [  ] No

 20) I acknowledge that this is a selective process and not every application may be approved for participation. I understand that PDA is not obligated to issue a permit to me. Furthermore, the decisions made by PDA are final.

 [  ] Yes [  ] No

 21) I acknowledge that all plant material (includes seeds, leaves, stalks, flowers, etc) that has not been processed as part of the research project must be destroyed at the end of the growing season and that this will be confirmed by PDA inspectors and that follow up visits will continue for 3 years after the project has concluded.

 [  ] Yes [  ] No

 22) I acknowledge that any research plots with THC levels over .30% will no longer be classified as Industrial Hemp. If THC levels are found to be greater than 0.30%, the material shall not move off site and products cannot enter market. If THC is between 0.3% and 1.0%, confirmational testing or alternative destruction methods may be authorized, at PDA's discretion. For any planting with THC levels over 1.0%, PDA will issue an order for the registrant to immediately destroy the plants and law enforcement will be notified and has the authority to pursue prosecution under any applicable laws.

 [  ] Yes [  ] No

Attachments:

 Please list any attachments other than the required Attachment A (see question 3) and PSP background check responses. Attachments may include extended answers to any questions in the above sections, a background check, a PDA food establishment registration or other supporting documents. If the attachment is supplementary information to a question on this form, be sure to include the question number on the document.

 List of attachments:

 I hereby verify and affirm that all of the information contained in this application is true and accurate.

_________________ ______
Signature of applicant            Date

_________________
Printed Name

 Applications are due at PDA: January 6, 2017 by 4:00 PM.

 Mail completed application with $250 check/money order and all attachments to:

 ATTN: Cathy Thomas
Industrial Hemp Research Pilot Program Coordinator
PA Department of Agriculture, Bureau of Plant Industry
2301 N. Cameron St
Harrisburg PA 17110

 E-mail:  caththomas@pa.gov
FAX: 717-783-3275

Template for Attachment A

 Any Industrial Hemp Research Pilot Application must include a separate attachment answering Question 3. Label this ''Attachment A.''

 The attachment shall:

 1) Not be longer than 3 pages.

 2) Label and address each of the components listed below.

Project Title: This should be a concise description of the project, not longer than 25 words.

Objectives:

 1. The project objectives are specific, anticipated accomplishments.

 2. The objectives should be expressed as a numbered list of single sentences.

Work plan:

 This should be a detailed and practical description of how the research will be conducted and how objectives will be met throughout the project. The work plan should include specific farming methods and who will be involved in the research.

Timeline:

 This must be written as a table which lists the time frame during which each project activity will be accomplished and who will be conducting each activity.

Activity Conducted by Time frame
Specific research/growing activity.
Ex. Preparing field and gridding off research blocks.
Person conducting the specific activity. Ex. John Smith, farm manager Time the activity will be conducted. Ex. April 2017

General Location Information:

 The specific addresses of growing, storage and processing locations will be requested in Questions 8 and 10 of the Pilot Program Permit Application, so that information is not needed in this section. This section is to provide details such as acreage, description of the land and demographics of the area where the project will be conducted.

Security Considerations:

 While there are no requirements for fencing or the use of security cameras, it is the responsibility of applicants to be aware of the potential issues which may arise from growing a crop that closely resembles marijuana. This section should briefly address if and how the applicant plans to make sensible accommodations for growing industrial hemp. For example, will the applicant be using signage to label the crop as industrial hemp? Will there be buffer areas blocking the crop from public view?

Method of Measuring Project Success:

 This section must provide a means of how each of the project objectives will be quantifiably evaluated. Please be as specific as possible.

Plant Material Handling at the End of the Project:

 i. Anticipated hemp plant material, seed, or hemp products retained: Please explain briefly if and how the hemp plants will be processed (including transportation), and where they will be marketed.

 ii. Methods for destruction of any hemp plant material remaining at the end of the research project: Please briefly explain how you will be removing and destroying any remaining hemp material at the end of your project. To ensure that industrial hemp will not be grown in locations outside of permitted research projects, the Pennsylvania Department of Agriculture may conduct field inspections of research locations for up to 3 years following the completion of the research pilot programs.

[Pa.B. Doc. No. 16-2119. Filed for public inspection December 9, 2016, 9:00 a.m.]

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1  Person—A natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association or other form of legal business entity, as well as a State or local government entity.



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