La. Admin. Code tit. 7 § XIII-1321

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIII-1321 - Seed Acquisition and Approval

A. No person shall acquire seeds from a source outside the U.S. or from a U.S. territory, tribal land or state other than Louisiana without first:

1. submitting a completed seed acquisition request form and all required attachments to LDAF; and

2. obtaining written approval of the seed acquisition request form from LDAF.

B. Repealed.

C. Industrial hemp seed offered for sale or distribution for planting purposes into or within Louisiana shall be one of the following:

1. certified seed produced from industrial hemp plants that meet the criteria for breeder, foundation, registered, or certified classes as defined by the Official Seed Certification Standards in Louisiana or by another AOSCA member agency; or

2. seed originating from a Louisiana licensed seed producer or handler, or an out-of-state person authorized to produce hemp seed by the USDA or under an approved state plan pursuant to the Agriculture Improvement Act of 2018, P.L. 115-334, or under an authorized state pilot program pursuant to the Agriculture Improvement Act of 2014, P.L. 113-79, and that is accompanied by the following official documentation:

a. certificate of analysis issued by a third party independent laboratory showing that the industrial hemp from which the seed was harvested had a THC concentration of not more than the acceptable industrial hemp THC level;

b. Seed purity and germination analysis report as set forth in R.S. 3:1436; and

c. Seed label, in compliance with R.S. 3:1436, for the industrial hemp seed which is being requested for approval.

D. In addition to this Chapter, all industrial hemp seed sold or distributed for planting purposes within or into Louisiana shall be subject to all requirements of the Louisiana Seed Law (R.S. 3:1431 et seq.) and the Louisiana Seed Regulations (LAC 7:XIII.101 et seq.)

E. The guarantor of industrial hemp seed, except persons exempt pursuant to the authority of the Louisiana Seed Law (R.S. 3:1445), who sells, transports, distributes, or offers or handles for sale industrial hemp seed shall have a complete analysis test performed on the seed by a registered seed technologist or an official state seed analyst prior to the seed being sold, distributed, offered, or handled for sale in Louisiana.

F. No person shall sell or transfer industrial hemp seed to any person in Louisiana without first verifying that the person receiving the seed is licensed by LDAF.

G. No person shall buy or otherwise acquire industrial hemp seed from any person in Louisiana without first verifying that the person distributing the seed is a seed producer or handler licensed by LDAF.

H. Seed of industrial hemp varieties designated as an approved variety shall be exempt from the requirements of Subsection A of this Section.

I. Seed of industrial hemp varieties designated as a prohibited variety shall not be acquired, planted, grown, offered for sale, or distributed for planting purposes in Louisiana.

J. Upon request from LDAF, a licensed seed producer shall provide a seed distribution list within 48 hours of the request showing locations where and to whom industrial hemp seed was distributed.

La. Admin. Code tit. 7, § XIII-1321

Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed Commission, LR 46174 (2/1/2020), Amended LR 47440 (4/1/2021), Amended LR 471836 (12/1/2021), Amended LR 481744 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1431, R.S. 3:1436, R.S. 3:1445, 3:1463, R.S. 3:1464, R.S. 3:1465, and R.S. 3:1466.