W. Va. Code R. § 61-39-42

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

Section 61-39-42 - Isolation Requirements for Industrial Hemp Seed Certification

42.1. Isolation areas shall be kept free of any harmful plants that can cause contamination. The area, density, stage of maturity, and location of any contaminating pollen source is an important factor in cross pollination, and therefore shall be noted on the Seed Crop Inspection Report for consideration in determining certification status. There shall not be any Cannabis sativa L. plants within 100 m of the crop and not more than 10 plants/ha beyond 100 m within the isolation requirement. The conditions of each crop are assessed by the department, which may alter this standard, usually by reducing the number of contaminant plants permitted per square yard, according to identified contamination risks.

42.2. The required isolation shall be present prior to flowering and crop inspection.

42.3. Industrial hemp seed production crops for certification shall be isolated from all other industrial hemp varieties or fields not meeting the varietal purity requirements for certification as follows:

Inspected Crop	Isolation Factor	Isolation Distance in Feet
Dioecious type: Foundation	Different varieties of industrial hemp	15,748
	Non-certified crop of industrial hemp	15,748
	Lower certified class seed crop of same variety	6,460
	Same class of certified seed crop of same variety	10
Dioecious type: Registered	Different varieties of industrial hemp	15,748
	Non-certified crop of industrial hemp	15,748
	Seed crop of same variety that meets Certified standards for varietal purity	5,249
	Seed crop of same variety that meets Registered standards for varietal purity	3
Dioecious type: Certified	Different varieties of industrial hemp	2,624
	Non-certified crop of industrial hemp	2,624
	Planted with certified seed of the same variety that meets Certified standards for varietal purity	656
	Seed crop of same variety that meets Certified standards for varietal purity	3
Monoecious type: Foundation	Dioecious variety of industrial hemp	15,748
	Non-certified crop of industrial hemp	15,748
	Other Monoecious varieties	9,690
	Lower certified class seed crop of same variety	9,690
	Same class of certified seed of same variety	16
Monoecious type: Registered	Dioecious variety of industrial hemp	15,748
	Non-certified crop of industrial hemp	15,748
	Different varieties of the same type of industrial hemp (Monoecious or Female Hybrid)	6,460
	Seed crop of same variety that meets Certified standards for varietal purity	3,230
	Seed crop of same variety that meets Registered standards for varietal purity	3
Monoecious type: Certified	Dioecious variety of industrial hemp	3,230
	Non-certified crop of industrial hemp	3,230
	Different varieties of the same type of industrial hemp (Monoecious or Female Hybrid)	656
	Planted with certified seed of the same variety that meets Certified standards for varietal purity	656
	Seed crop of same variety that meets Certified standards for varietal purity	3

W. Va. Code R. § 61-39-42