W. Va. Code R. § 61-39-43
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-39-43 - Field Inspection Standards and Tolerances for Industrial Hemp Seed Certification43.1. Industrial hemp seed production crop fields shall be inspected by the department in three stages. 43.1.1. The first inspection for all classes of monoecious types shall be made just before or at early flowering. First inspection for all classes of dioecious types must be made after flowering when male plants are beginning to senesce.43.1.2. The second inspection for all classes of monoecious types, and the Foundation class of dioecious types shall be made when seeds are well forming.43.1.3. The third inspection should be conducted within ten days prior to harvest. The grower shall notify the department of the anticipated harvest date. Fields not harvested within ten days of the third inspection shall require an additional inspection and THC test.43.1.4. Isolation areas will be inspected for volunteer plants and harmful contaminants at each department inspection.43.2. Off-type male flowers shall be removed by the grower prior to producing pollen and evidence of removal must be identifiable during the department's crop inspection.43.3. Rogued male flowers shall be removed from the field and buried or otherwise destroyed by the grower to prevent pollen production.43.4. If dioecious male plants start flowering before removal from the field, all plants around them must be destroyed by the grower within a radius of ten feet for foundation seed, six feet for registered seed and three feet for certified seed.43.5. If dioecious male plants or if other off-type male flowers are found to be shedding pollen during any inspection, an additional inspection is required within seven days to verify adequate control of detrimental pollen. An additional reinspection fee will be assessed by the department.43.6. Plant samples will be taken by the department for THC testing at the third inspection. Violative THC test results will be cause for rejection and the field shall be subject to destruction.43.7. The seed crop for certification shall be harvested after the third inspection and the THC sample has been submitted for testing. However, no seed or other industrial hemp by-products shall be transported off of the registered land area until THC testing with an acceptable result has been received and a release notice to the grower has been issued by the department.43.8. Intersexual plant type ratios shall not exceed the limits when defined in the variety description by the breeder.43.9. The Department may reject the affected field for certification purposes if excessive weeds or other factors that prevent varietal purity and identity determination. 43.10. Fields planted in such a manner that prevents inspector access shall be cause for the department to reject the affected field for certification purposes unless the grower remedies the condition in a timely manner as required by the department.43.11. Maximum impurity standards must not be exceeded based on six replicated counts of ten thousand plants according to the following table: | Maximum impurity standards per 10,000 plants |
| | Maximum number of dioecious male plants shedding pollen | Maximum number of off-types or other varieties |
Dioecious type: Foundation | | - | 3 |
Dioecious type: Registered | | - | 10 |
Dioecious type: Certified | | - | 20 |
Monoecious: Foundation | | 1 | 3 |
Monoecious: Registered | | 2 | 10 |
Monoecious: Certified | | 100 | 20 |
W. Va. Code R. § 61-39-43