W. Va. Code R. § 61-39-39

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-39-39 - Industrial Hemp (Cannabis sativa L. Subsp. sativa) Certification Standards

39.1. Standards for Industrial Hemp Seed Production

39.1.1. The general seed certification definitions and standards in this rule are basic and together with the following specific standards constitute the standards for industrial hemp seed certification.

39.1.2. Fees for seed certification are set forth in section 38 of this rule.

39.1.3. All growers of industrial hemp certified seed crops shall be licensed under the department's industrial hemp licensing rules, W. Va. Code R. 61 C.S.R. 9.

39.1.4. Only varieties of industrial hemp approved by the department are be eligible for certification. An approved variety must be a variety recognized by an international organization recognized by the department, such as the association of official seed certifying agencies or the organization for economic cooperation and development (OECD) seed scheme.

39.1.5. The allowable area of an industrial hemp seed crop area or seed production field may be determined and limited by the department under W. Va. Code § 19-12E-1et seq.

39.1.6. All industrial hemp fields established for seed certification shall be planted with not less than thirty-inch row spacing to facilitate inspection, roguing, and harvesting.

39.1.7. Growers must post signage approved by the department on at least four sides, including the main entry point of each authorized field.

39.1.8. The department shall sample plants to analyze for tetrahydrocannabinol (THC), as required by W. Va. Code § 19-12E-7.

W. Va. Code R. § 61-39-39