Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-30-4 - Registration of hemp products or extracts4.1. All hemp products available for distribution in West Virginia shall register annually with the Department. This includes products manufactured in West Virginia, another state, or another country.4.2. Application for hemp product registrations shall be made to the Department on a form provided by the Department, and shall include the following information: 4.2.a. The name and address of the registrant;4.2.b. The name and address of the person whose name shall appear on the label, if other than the registrant's;4.2.c. The name of the product;4.2.d. The origin of the raw hemp with which the final product was manufactured;4.2.e. A complete copy of the label that will appear on the product;4.2.f. The associated registration fee.4.3. Registrations shall expire on December 31 of the year for which the registration was issued, regardless of the date the registration is received.4.4. Beginning January 1, 2022, registration shall be due by January 1 of each year.4.5. A registration fee of $200.00 per hemp product shall be paid to the Department with the submission of the application.4.5.a. Beginning January 1, 2022, in lieu of the $200.00 registration fee set forth in subsection 4.5 of this rule, a registration fee of $100.00 per hemp product shall be paid to the Department with the submission of the application, if the hemp material(s) are grown, harvested, and manufactured in West Virginia and the products are registered with the West Virginia Grown program. 4.5.a.1. Hemp products that are registered under this subdivision must include a copy of the registrant's West Virginia processing/cultivation license, or records of where the product was cultivated and processed.4.5.b. A renewal fee of $200.00 per hemp product shall be submitted to renew a product's registration. Renewal fees shall be accompanied by a form provided by the Department identifying the product to which the fee corresponds.4.5.c. The annual fee for hemp product registrations shall be capped at $1,000 per registrant for products that are manufactured and sold in West Virginia.4.5.d. Beginning January 1, 2022, in lieu of the $1,000 registration cap fee stated in subdivision 4.5.c of this rule, a registration cap fee of $500.00 per registrant shall be paid for hemp products that are grown, harvested, and manufactured in West Virginia, and registered with the WV Grown Program.4.5.d.1. Hemp products that are registered under this subdivision must include a copy of the registrant's West Virginia processing/cultivation license.4.5.d.2. Hemp products that are registered under this subdivision must also include a copy of their certificate for registration in the WV Grown Program.4.5.e. The annual fee for hemp product registrations that are white labeled by a West Virginia vendor for sale in West Virginia shall be capped at $1,000 per registrant.4.5.f. Hemp products that are of the same chemical composition but of different net quantities qualify as one product.4.5.g. Hemp product registrations that come from an international entity shall be required to pay a foreign check fee of $35.00.4.6. The Department may deny or delay registrations and renewals that are incomplete or erroneous.4.7. A new registration is required for any of the following:4.7.a. Changes in the chemical composition or formula of the hemp product; or4.7.b. Changes to health-related label claims for active ingredients.4.8. The person or entity registering the product is responsible for the completeness and accuracy of all information submitted.4.9. As a condition of registration, all registrants are required to retain documentation for each product lot demonstrating the source of the hemp that was utilized to manufacture the hemp product, including documentation that the product was grown by a licensed hemp grower. Such documentation shall be made available to the Department upon request.