CHAPTER 424

SEEDS

Table of Contents

Secs. 22-55 to 22-61a. Definitions. Label requirements. Restrictions on sale and exposure and transportation for sale; registration; fee; regulations. Exemptions. Enforcement of provisions; duties and powers of commissioner. Seizure, condemnation. Penalty. Injunctions issued without bond.

Sec. 22-61b. Definitions.

Sec. 22-61c. Seed label and other requirements.

Sec. 22-61d. Restrictions on seed sale, exposure for sale and transportation for sale. Exemptions. Prohibited acts.

Sec. 22-61e. Records. Inspection. Exemption.

Sec. 22-61f. Exemptions.

Sec. 22-61g. Enforcement. Seed control officer. Duties. Regulations. Authority. Preemption of municipal law.

Sec. 22-61h. “Stop sale” orders.

Sec. 22-61i. Seizure of seed lots. Temporary or permanent injunction.

Sec. 22-61j. Violation. Penalty. Fine.

Sec. 22-61k. Minimization of airborne neonicotinoid dust from treated seeds. Best practices. Availability to farmers and general public.

Sec. 22-61l. Definitions. Hemp research. Pilot program. State plan. Licensure requirements. Fees. Violations. Penalties. Records. Regulations.

Sec. 22-61m. Manufacture of hemp for consumables. License. Fees. Disposal of noncompliant hemp or hemp product. Consumable testing. Records. Regulations. Labeling and marketing of consumables. Report.


Secs. 22-55 to 22-61a. Definitions. Label requirements. Restrictions on sale and exposure and transportation for sale; registration; fee; regulations. Exemptions. Enforcement of provisions; duties and powers of commissioner. Seizure, condemnation. Penalty. Injunctions issued without bond. Sections 22-55 to 22-61a, inclusive, are repealed, effective October 1, 2014.

(1949 Rev., S. 3094–3100; 1949, S. 1713d, 1714d; 1957, P.A. 358, S. 1–4; 1959, P.A. 83; 637, S. 2; 1961, P.A. 67; 1963, P.A. 75, S. 1–6; 642, S. 30; 1971, P.A. 872, S. 446, 448; P.A. 74-136; P.A. 82-91, S. 8, 38; May Sp. Sess. P.A. 92-6, S. 44, 117; P.A. 95-79, S. 83, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 292; P.A. 14-223, S. 11.)

Sec. 22-61b. Definitions. For the purposes of sections 22-61c to 22-61j, inclusive:

(1) “Advertisement” means all representations, other than those on a label, disseminated in any manner or by any means, relating to seed, as described in sections 22-61c to 22-61j, inclusive.

(2) “Agricultural seed” means any kind of crop seed commonly recognized within this state as agriculture seeds, lawn seeds or combinations of such seeds, including, but not limited to, any grass, forage, cereal, oil or fiber seed. “Agriculture seed” includes any noxious weed seed when the Seed Control Officer determines that such seed is used as an agriculture seed.

(3) “Blend” means seed consisting of more than one variety of a kind, each in excess of five per cent by weight of the whole.

(4) “Brand” means a word, name, symbol, number or design used to identify seed of one person and distinguish it from seed of another person.

(5) “Certifying agency” means (A) any agency authorized under the laws of any state, territory or possession of the United States to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified, or (B) an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to, generally, by agencies described in subparagraph (A) of this subdivision.

(6) “Complete record” means any and all information that relates to the origin, treatment, germination, purity, kind or variety of each lot of agricultural seed sold in this state, or that relates to the treatment, germination, kind or variety of each lot of vegetable or flower seed sold in this state, including, but not limited to, seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests or examinations.

(7) “Conditioning” means drying, cleaning, scarifying and other operations that could change the purity or germination of a seed and that requires the seed lot to be retested to determine the label information.

(8) “Dormant” means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question.

(9) “Flower seeds” means seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts and commonly known and sold under the name of “flower” or “wildflower” seeds in this state.

(10) “Genuine grower declaration” means a statement signed by the grower that provides for each lot of seed: (A) The lot number, (B) kind, (C) variety, if known, (D) origin, (E) weight, (F) year of production, (G) date of shipment, and (H) to whom such shipment was made.

(11) “Germination” means the emergence and development from the seed embryo of essential structures that, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

(12) “Hard seeds” means seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.

(13) “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining (A) two or more inbred lines; (B) one inbred or a single cross with an open pollinated variety; or (C) two varieties or species, except open-pollinated varieties of corn, (Zea mays) and for which designations are treated as variety names. “Hybrid” does not include the second generation of subsequent generations from such crosses.

(14) “Inert matter” means all matter that is not seed, including, but not limited to, broken seeds, sterile florets, chaff, fungus bodies and stones as determined by methods defined by rule as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time.

(15) “Introduced wildflower” means kinds or the types and varieties derived from those kinds that are not indigenous to North America.

(16) “Kind” means one or more related species or subspecies that singly or collectively is known by one common name, including, but not limited to, corn, oats, alfalfa and timothy.

(17) “Labeling” means a tag or other device attached to or written, stamped or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label and includes any other information relating to the labeled seed.

(18) “Lot” means a definite quantity of seed identified by a unique lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling.

(19) “Mixture”, “mix” or “mixed” means seed consisting of more than one kind, each in excess of five per cent by weight of the whole.

(20) “Mulch” means a protective covering of any suitable substance placed with seed that acts to retain sufficient moisture to support seed germination, sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds and the prevention of erosion.

(21) “Native wildflower” means kinds or the types and varieties derived from those kinds of flowers that are indigenous to North America.

(22) “Prohibited noxious weed seeds” means any weed seed that is prohibited from being present in agricultural, vegetable, flower, tree or shrub seed and that is highly destructive and difficult to control by good cultural practices and the use of herbicides.

(23) “Restricted noxious weed seeds” means any weed seed that is objectionable in agricultural crops, lawns or gardens of this state and that can be controlled by good cultural practices or the use of herbicides.

(24) “Undesirable grass seeds” means seeds of grass species declared to be restricted noxious weed seed when found in lawn and turf seed.

(25) “Off type” means any seed or plant not a part of the variety in that it deviates in one or more characteristics from the variety as described. “Off type” includes: (A) A seed or plant of another variety; (B) a seed or plant not necessarily of any variety; (C) a seed or plant resulting from cross-pollination by another kind or variety; (D) a seed or plant resulting from uncontrolled self-pollination during production of hybrid seed; or (E) segregates from any of the aforementioned.

(26) “Origin” means the area in which the trees are growing for an indigenous stand of trees or the place from which the seeds or plants were originally introduced for a nonindigenous stand of trees.

(27) “Other crop seed” means seeds of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time.

(28) “Private hearing” means any discussion of facts between the person charged and the Seed Control Officer.

(29) “Pure live seed” means the product of the per cent of germination plus hard or dormant seed multiplied by the per cent of pure seed divided by one hundred with the result expressed as a whole number.

(30) “Pure seed” means seed exclusive of inert matter and all other seeds not of the seed being considered, as determined by methods defined by rule, as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time.

(31) “Seizure” means any legal process carried out by court order against a definite amount of seed.

(32) “Stop sale” means an administrative order restraining the sale, use, disposition or movement of a definite amount of seed.

(33) “Total viable” means the sum of percentage germination plus dormant plus hard seeds.

(34) “Treated” means any seed that receives an application of a substance, or that was subjected to a process for which a claim is made.

(35) “Tree or shrub seed” means seeds of woody plants commonly known and sold as tree or shrub seeds in this state.

(36) “Tree seed collector's declaration” means a statement signed by a grower or person having knowledge of the place of collection giving, for a lot of seed, the lot number, common or scientific name of the species and subspecies, if appropriate, origin, elevation and quantity of tree and shrub seed.

(37) “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(38) “Variant” means any seed or plant that (A) is distinct within the variety but occurs naturally in the variety, (B) is stable and predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when the variety is reproduced or reconstituted, and (C) was originally a part of the variety as released. “Variant” does not include any off type.

(39) “Variety” means a subdivision of a kind that is distinct, uniform and stable.

(40) “Distinct” means capable of being differentiated by one or more identifiable morphological, physiological or other characteristics from all other varieties of public knowledge.

(41) “Uniform” means that variations in essential and distinctive characteristics are describable.

(42) “Stable” means that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

(43) “Vegetable seeds” means the seeds of any crop that is grown in gardens or on truck farms and that are generally known and sold under the name of “vegetable” or “herb” seeds in this state.

(44) “Weed seed” means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule, as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time, and includes prohibited and restricted noxious weed seeds.

(45) “Seed control officer” means the Commissioner of Agriculture or the commissioner's designee.

(46) “Person” means any individual, partnership, corporation, company, association, receiver, trustee or agent.

(P.A. 14-223, S. 1.)

Sec. 22-61c. Seed label and other requirements. (a) Each container of agricultural, vegetable or flower seeds that is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear thereon or have attached thereto, in a conspicuous place, a plainly written or printed label or tag in the English language giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container:

(1) For all agricultural, vegetable and flower seeds that are treated:

(A) A word or statement indicating that the seed was treated.

(B) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used.

(C) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement as follows: “Do not use for food, feed or oil purposes”. The caution indicator for mercurials and similarly toxic substances shall be a poison statement or symbol.

(D) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

(2) For agricultural seeds, except cool season lawn and turf grass seed or mixtures thereof, seed sold on a pure live seed basis, or hybrids that contain less than ninety-five per cent hybrid seed:

(A) The name of the kind and variety for each agricultural seed component present in excess of five per cent of the whole and the percentage by weight of each, provided if the variety of those kinds generally labeled as to variety as designated or defined by rule, as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time is not stated, the label shall show the name of the kind and the following words: “Variety Not Stated”. Hybrids shall be labeled as hybrids.

(B) The lot number or other lot identification.

(C) The origin (state or foreign country), if known, of alfalfa, red clover and field corn except hybrid corn. If the origin is unknown, such fact shall be stated.

(D) The percentage by weight of all weed seeds.

(E) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

(F) The percentage by weight of agricultural seeds, which may be designated as “crop seeds”, other than those required to be named on the label.

(G) The percentage by weight of inert matter.

(H) The total of subparagraphs (D), (F) and (G) of this subdivision shall equal one hundred per cent.

(I) For each named agricultural seed:

(i) The percentage of germination, exclusive of hard seed;

(ii) The percentage of hard seeds, if present; and

(iii) The calendar month and year the test was completed to determine such percentages.

(J) The “total germination and hard seed”, if desired, provided such information shall follow the information required by subparagraphs (A) and (B) of this subdivision.

(K) The name and address of the person who labeled such seed, or who sells, offers or exposes such seed for sale in this state.

(3) For cool season lawn and turf grasses, including, but not limited to, Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, creeping bentgrass and any mixture thereof:

(A) For single kinds, the name of the kind or kind and variety.

(B) For mixtures:

(i) The word “mix”, “mixed” or “mixture” or “blend” shall be stated with the name of the mixture;

(ii) The heading “pure seed” and “germination” or “germ” shall be used in the proper places; and

(iii) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of five per cent of the whole, and the percentage, by weight, of pure seed in order of predominance and in columnar form.

(C) The percentage by weight of agricultural seed other than those required to be named on the label.

(D) The percentage by weight of inert matter for lawn and turf grass not to exceed ten per cent, except that fifteen per cent inert matter is permitted in Kentucky bluegrass labeled without a variety name. Foreign material, other than material used for coating or pelleting, or combination products, used to enhance the planting value, not common to grass seed, may not be added.

(E) The percentage by weight of all weed seeds. Maximum weed seed content is not to exceed one-half of one per cent (0.50%) by weight.

(F) The total of subparagraphs (A), (B), (C), (D) and (E) of this subdivision shall be equal to one hundred per cent.

(G) Noxious weeds and undesirable grass seed that are required to be labeled shall be listed under the heading “Noxious Weed Seeds” or “Undesirable Grass Seeds”. Undesirable grass seeds shall not exceed 0.50 per cent by weight.

(H) For each agricultural seed named under subparagraph (A) or (B) of this subdivision:

(i) Percentage of germination, exclusive of hard seed;

(ii) The percentage of hard seed, if present;

(iii) The calendar month and year the test was completed to determine such percentages provided the oldest test date shall be used for such purpose; and

(iv) The statement “sell by (date)”, provided such date shall be not later than fifteen months after the first month following the date of the oldest test date.

(I) The name and address of the person who labeled such seed or who sells, offers or exposes such seed for sale in the state.

(4) For agricultural seeds that are coated:

(A) The percentage by weight of pure seeds with coating material removed.

(B) The percentage by weight of coating material.

(C) The percentage by weight of inert material, exclusive of coating material.

(D) The percentage of germination, as determined on four hundred pellets with or without seeds.

(E) In addition to the provisions of this subdivision, the labeling of coated seed shall comply with the requirements of subdivisions (1), (2) and (3) of this subsection.

(5) For vegetable seeds in packets as prepared for use in home gardens, household plantings or vegetable seeds in preplanted containers, mats, tapes or other planting devices:

(A) Name of kind and variety of seed.

(B) Lot identification, by lot number or other means.

(C) (i) The calendar month and year the germination test was completed and the statement “sell by (date)”, provided such date shall be not later than twelve months after the first month following the date of such germination test; or

(ii) The year for which the seed was packaged for sale, indicated as “packed for yy” and the statement “sell by yy”, provided such year shall indicate a calendar year.

(D) The name and address of the person who labeled such seed or who sells, offers or exposes such seed for sale in this state.

(E) For seeds that germinate less than the standard last established by the seed control officer:

(i) The percentage of germination, exclusive of hard seed;

(ii) The percentage of hard seed, if present; and

(iii) The words “below standard”, in not less than eight-point type.

(F) For seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from such medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.

(6) For vegetable seeds in containers prepared for use in home gardens or household plantings, other than packets, preplanted containers, mats, tapes or other planting devices:

(A) The name of each kind and variety present in excess of five per cent and the percentage by weight of each, in order of predominance.

(B) The lot number or other lot identification.

(C) For each named vegetable seed:

(i) The percentage germination, exclusive of hard seed;

(ii) The percentage of hard seed, if present; and

(iii) The calendar month and year the test was completed to determine such percentages.

(D) Following the information required pursuant to subparagraphs (A) and (B) of this subdivision, the “total germination and hard seed” may be indicated, if desired.

(E) The name and address of the person who labeled such seed, or who sells, offers or exposes such seed for sale in this state.

(F) The labeling requirements for vegetable seeds in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

(7) For flower seeds in packets prepared for use in home gardens, household plantings or flower seeds in preplanted containers, mats, tapes or other planting devices:

(A) For all kinds of flower seeds:

(i) The name of the kind and variety or a statement of type and performance characteristics, as prescribed in the rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time;

(ii) (I) The calendar month and year the germination test was completed and the statement “sell by (date)”, provided such sell by date shall be not more than twelve months after the first month following the date of such;

(II) The year that such seed was packed for sale, indicated as “packed for yy”, provided “yy” shall be a calendar year; or

(III) The percentage germination and the calendar month and year such test was completed to determine such percentage, provided such germination test was completed within not more than twelve months prior to such labeling; and

(iii) The name and address of the person who labeled such seeds, or who sells, offers or exposes such seed for sale in this state.

(B) For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established under rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time:

(i) The percentage of germination exclusive of hard seeds;

(ii) The percentage of hard or dormant seed, if present; and

(iii) The words “below standard”, in not less than eight-point type.

(C) For seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.

(8) For flower seeds in containers other than packets and other than preplanted containers, mats, tapes or other planting devices and not prepared for use in home flower gardens or household plantings:

(A) The name of the kind and variety or a statement of type and performance characteristics, as prescribed in rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time, and for wildflowers, the genus and species and subspecies, if appropriate.

(B) The lot number or other lot identification.

(C) For wildflower seed only with a pure seed percentage of less than ninety per cent:

(i) The percentage, by weight, of each component listed in order of predominance;

(ii) The percentage by weight of weed seed, if present; and

(iii) The percentage by weight of inert matter.

(D) For those kinds of seed for which standard testing procedures are prescribed:

(i) Percentage germination exclusive of hard or dormant seed;

(ii) Percentage of hard or dormant seed, if present; and

(iii) The calendar month and year that the test was completed to determine such percentages.

(E) For those kinds of seed for which standard testing procedures are not available, the year of production or collection.

(F) The name and address of the person who labeled the seeds or who sells, offers or exposes such seeds for sale in this state.

(9) For agricultural seeds sold on a pure live seed basis, if in accordance with rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time, each container shall bear a label containing the information required by subdivision (2) of subsection (b) of this section, except:

(A) The label need not show:

(i) The percentage by weight of each agricultural seed component; and

(ii) The percentage by weight of inert matter.

(B) The label shall show for each named agricultural seed, instead of the information required by subparagraph (H) of subdivision (2) of this subsection:

(i) The percentage of pure live seed determined in accordance with rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time; and

(ii) The calendar month and year in which the test determining the percentage of live seed was completed.

(10) For agricultural and vegetable hybrid seed that contain less than ninety-five per cent hybrid seed:

(A) Kind or variety shall be labeled as “hybrid”.

(B) The per cent that is hybrid shall be labeled parenthetically in direct association following named variety, for example: “Comet (85% Hybrid).”

(C) Varieties in which the pure seed contain less than seventy-five per cent hybrid seed shall not be labeled hybrids.

(11) For combination mulch, seed and fertilizer products:

(A) The word “combination” followed by the words “mulch-seed–fertilizer”, as applicable, shall appear on the upper third of the principal display panel. The word “combination” shall be the largest and most conspicuous type on the container and equal to or larger than the product name. The words “mulch-seed-fertilizer” shall not be smaller than one-half the size of the word “combination” and shall be in close proximity to the word “combination”. Any such combination mulch shall contain not less than seventy per cent mulch.

(B) On the analysis label for lawn and turf seeds placed in a germination medium, mat, tape or other device or mixed with mulch such label shall contain the following:

(i) The product name;

(ii) The lot number;

(iii) The percentage by weight of pure seed of each kind and variety named which may be less than five per cent of the whole;

(iv) The percentage by weight of other crop seeds;

(v) The percentage by weight of inert matter which shall not be less than seventy per cent;

(vi) The percentage by weight of weed seeds;

(vii) The total of clauses (iii), (iv), (v) and (vi) of this subparagraph shall equal one hundred per cent;

(viii) The name and number of noxious weed seeds per pound, if present;

(ix) The percentage of germination and hard seed, if applicable, of each kind or kind and variety named and the date of such determining test; and

(x) The name and address of tagger.

(12) For combination products containing seed and granular fertilizer:

(A) The word “combination” followed by the words “seed-fertilizer” shall appear on the upper third of the principal display panel. The word “combination” shall be the largest and most conspicuous type on the container and shall be equal to or larger than the product name. The words “seed-fertilizer” shall be no smaller than one-half the size of the word “combination” and shall appear in close proximity to the word “combination”.

(B) On the analysis label, the percentage by weight of the fertilizer in such container shall be listed on a separate line as a component of the inert matter.

(b) Each container of tree or shrub seed that is sold, offered for sale, or exposed for sale or transported in this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, provided such statement shall not be modified or denied in the labeling or on another label attached to such container except labeling of such seed supplied under a contractual agreement may be by invoice accompanying the shipment or by an analysis tag attached to such invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not identified by such a lot number shall contain complete labeling. The provisions of this subsection shall not be deemed to apply to any tree seed produced by a consumer.

(1) For all tree or shrub seeds that are treated:

(A) Words or a statement indicating that the seed was treated.

(B) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used.

(C) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement, as follows: “Do not use for food or feed or oil purposes”. The caution statement for mercurials and similarly toxic substances shall be a poison statement and symbol.

(D) If the seed was treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

(2) For all tree or shrub seeds that are not treated:

(A) The common name of the species of seed and subspecies, if applicable.

(B) The scientific name of the genus and species and subspecies, if applicable.

(C) The lot number or other lot identification.

(D) The origin:

(i) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as a state or county; or

(ii) For seed collected from other than a predominantly indigenous stand, an indication of the area of collection and the origin of the stand or the following statement: “Origin not indigenous”.

(E) The elevation or the upper and lower limits of elevations within which such seed was collected.

(F) Purity as a percentage of pure seed by weight.

(G) For those species for which standard germination testing procedures are prescribed by the seed control officer, the following:

(i) The percentage germination exclusive of hard seed;

(ii) The percentage of hard seed, if present; and

(iii) The calendar month and year the test was completed to determine such percentages.

(H) In lieu of the requirements of subparagraph (G) of this subdivision, such seed may be labeled as follows: “Test is in process, results will be supplied upon request”.

(I) For those species for which standard germination testing procedures are not prescribed by the seed control officer, the calendar year in which the seed was collected.

(J) The name and address of the person who labeled such seed or who sells, offers or exposes such seed for sale in this state.

(P.A. 14-223, S. 2.)

Sec. 22-61d. Restrictions on seed sale, exposure for sale and transportation for sale. Exemptions. Prohibited acts. (a) No person shall sell, offer for sale, expose for sale or transport for sale any agricultural, vegetable, flower, tree or shrub seed that is subject to the germination requirements of section 22-61c and for which section 22-61c does not otherwise provide the applicable germination test requirement, if: (1) The test to determine the percentage of germination required by section 22-61c was completed more than ten months, including the month such testing was performed, before such seed is sold, offered for sale, exposed for sale or transported for sale in this state; (2) such seed is not labeled in accordance with the provisions of section 22-61c or has a false or misleading label; (3) such seed is associated with a false or misleading advertisement; (4) such seed consists of or contains prohibited noxious weed seeds; (5) such seed consists of or contains restricted noxious weed seeds per pound in excess of the number prescribed by rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time, or in excess of the number declared or in excess of the maximum percentage allowed (0.50 per cent) for undesirable grass seeds on the label attached to the container of the seed or associated with such seed; (6) contains more than two and one-half per cent by weight of all weed seeds; (7) any labeling, advertising or other representation required by section 22-61c represents the seed to be certified seed or any class thereof unless: (A) (i) Such seed conforms to standards of purity and identify as to kind, species and subspecies, if applicable, or variety, as determined by a seed certifying agency, or (ii) in the case of any tree seed, that such seed was found by such seed certifying agency to be of the origin and elevation claimed, in compliance with the rules and regulations of such seed certifying agency, and (B) such seed bears an official label issued for such seed by a seed certifying agency which label certifies that the seed is of a specified class and a specified kind, variety, species and subspecies, if applicable; or (8) such seed is labeled with a variety name but such seed is not certified by a seed certifying agency, whenever such seed is a variety for which 7 USC 2321 specifies that the sale of such seed shall be as a class of certified seed, except any seed from a certified lot may be labeled as to variety name when used in a mixture by, or with, the approval of the owner of the variety.

(b) The prohibitions contained in subsection (a) of this section shall not apply to any agricultural, vegetable, tree or shrub seed sold, offered for sale, exposed for sale or transported for sale in this state in a hermetically sealed container. Notwithstanding the provisions of section 22-61c and subsection (a) of this section, agricultural or vegetable seeds packaged in hermetically sealed containers under the conditions defined in rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time, may be sold, exposed for sale or offered for sale or transportation in this state for a period of thirty-six months after the last day of the month that such seeds were tested for germination prior to packaging. If any agricultural or vegetable seed in a hermetically sealed container is sold, exposed for sale, or offered for sale or transportation in this state more than thirty-six months after the last day of the month in which such seed was tested prior to packaging, such seed shall be retested not earlier than ten months, inclusive of the month of such retest, prior to the sale, exposure for sale, offering for sale or transportation of such seed.

(c) No person shall: (1) Detach, alter, deface or destroy any label required pursuant to section 22-61c, (2) alter or substitute seed in a manner inconsistent with the requirements of section 22-61c, (3) use relabeling stickers that do not have both the calendar month and year the germination test was completed, the sell by date and the lot number that matches the existing, original lot number, (4) use a relabeling sticker for a seed more than one time, (5) disseminate any false or misleading advertisement concerning any seed that is subject to the provisions of section 22-61c or this section, (6) hinder or obstruct, in any way, the seed control officer in the performance of his or her duties, as prescribed by section 22-61c, (7) fail to comply with a “stop sale” order or to move or otherwise handle or dispose of any lot of seed held under a “stop sale” order or dispose of any tag attached to such a lot, except with the express permission of the seed control officer, (8) use the word “trace” or the phrase “contains > than .01%” as a substitute for any statement that is required pursuant to section 22-61c, (9) use the word “type” in any labeling in connection with the name of any agricultural seed variety, or (10) alter or falsify any seed label, seed tests, laboratory report, record or other document for the purpose of creating a misleading impression as to kind, variety, history, quality or origin of such seed.

(P.A. 14-223, S. 3.)

Sec. 22-61e. Records. Inspection. Exemption. Each person whose name appears on the label as handling agricultural, vegetable, flower, tree or shrub seeds pursuant to section 22-61c or 22-61d shall keep for a period of two years complete records of each lot of agricultural, vegetable, flower, tree or shrub seed handled and keep for one year a file sample of each lot of seed after final disposition of said lot. Any such records and samples pertaining to such a lot shall be accessible for inspection by the seed control officer, or such officer's agent during customary business hours. The provisions of this section shall not be deemed to apply to any tree seed produced by a consumer.

(P.A. 14-223, S. 4.)

Sec. 22-61f. Exemptions. The provisions of sections 22-61c and 22-61d shall not be construed to apply to: (1) Seed or grain that is not intended for sowing purposes, (2) cleaned or conditioned seed that is in storage within, or that is in transit or consigned to a cleaning or conditioning establishment, (3) any carrier with respect to any seed transported or delivered for transport in the ordinary course of such carrier's business, provided such carrier is not engaged in producing, conditioning or marketing seeds, or (4) any person who sells or offers for sale any seed that is incorrectly labeled or represented as to kind, species, subspecies, variety, type, origin, elevation, or year of collection, provided: (A) Such seeds cannot be properly identified for such characteristic by examination thereof, and (B) such person has not failed to obtain an invoice, genuine grower's or tree seed collector's declaration or other labeling information and to take such other precautions as may be reasonable to insure the veracity of such labeled characteristic.

(P.A. 14-223, S. 5.)

Sec. 22-61g. Enforcement. Seed control officer. Duties. Regulations. Authority. Preemption of municipal law. (a) The duty to enforce the provisions of sections 22-61c to 22-61f, inclusive, is hereby vested in the seed control officer. Said seed control officer, or such officer's duly appointed agent, shall: (1) Sample, inspect, make analysis of and test seeds that are transported, sold, offered or exposed for sale in the state for sowing purposes, at such time and place and to such extent as such officer may deem necessary to determine whether the labeling for such seeds complies with the requirements of sections 22-61c and 22-61d, (2) promptly notify the person who sold, offered or exposed for sale such seed and, if applicable, the person who labeled or transported such seed, of any violation, “stop sale” order or seizure, and (3) adopt regulations, in accordance with the provisions of chapter 54, concerning: (A) Methods of sampling, inspecting, analyzing, testing and examining seeds and the tolerances to be used, (B) provisions required for the enforcement of sections 22-61c to 22-61f, inclusive, (C) the development of a prohibited and restricted noxious weed list, (D) reasonable standards of germination for vegetable seeds and flower seeds, (E) labeling flower seeds with respect to kind and variety or type and performance characteristics for such seeds, (F) the development of a list of the kinds of flower seeds subject to the flower seed germination labeling requirements described in section 22-61c, (G) the development of a list of the tree seed and the shrub seed species subject to germination labeling requirements, as described in section 22-61c, and (H) the development of a list of the kinds of vegetable seeds subject to the vegetable seed germination labeling requirements, as described in section 22-61c.

(b) In furtherance of the provisions of sections 22-61c to 22-61f, inclusive, the seed control officer may: (1) Enter upon any public or private premises during customary business hours for the purpose of gaining access to seeds and the records connected with such seeds, any truck or other conveyor by land, water or air at any time when the conveyor is accessible, (2) issue and enforce a written or printed “stop sale” order, as described in section 22-61h, to the owner or custodian of any lot of seed for the purpose of enforcing the provisions of sections 22-61c to 22-61f, inclusive, (3) establish, maintain or make provision for the use of seed testing facilities for the purpose of enforcing the provisions of sections 22-61c to 22-61f, inclusive, (4) perform or provide for the performance of purity and germination tests of seed for farmers and dealers upon request, (5) adopt regulations, in accordance with the provisions of chapter 54, concerning purity and germination tests, including, but not limited to, establishing a fee for the performance of such tests, and (6) cooperate with the United States Department of Agriculture or any other federal or state agency involved in seed law enforcement.

(c) The provisions of sections 22-61c to 22-61j, inclusive, shall supersede and preempt the provisions of any municipal law or ordinance relative to the registration, sale, labeling, storage, transportation, distribution, notification of use or use of seeds.

(P.A. 14-223, S. 6.)

Sec. 22-61h. “Stop sale” orders. Any “stop sale” order issued by the seed control officer to enforce the provisions of sections 22-61c to 22-61f, inclusive, shall prohibit the sale, conditioning and movement of such seed, except upon the approval of said seed control officer, until such officer finds that any requirement of sections 22-61c to 22-61f, inclusive, is met and, as a result of such finding, said control officer issues a release from said “stop sale” order. Any person aggrieved by a “stop sale” order issued by the seed control officer may appeal such order to the Superior Court.

(P.A. 14-223, S. 7.)

Sec. 22-61i. Seizure of seed lots. Temporary or permanent injunction. (a) Any lot of seed that does not comply with the requirements of sections 22-61c to 22-61f, inclusive, shall be subject to seizure upon complaint of the seed control officer to the Superior Court. If, following opportunity for a hearing on such matter, the court finds such seed to not comply with the provisions of sections 22-61c to 22-61f, inclusive, and orders the condemnation of such seed, the seed shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the provisions of the general statutes.

(b) Whenever, in the performance of his or her duties, the seed control officer applies to the Superior Court for a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of sections 22-61c to 22-61f, inclusive, and such injunction is granted, such injunction shall be issued without bond.

(P.A. 14-223, S. 8.)

Sec. 22-61j. Violation. Penalty. Fine. Any person who violates the provisions of sections 22-61c to 22-61f, inclusive, shall be guilty of a class D misdemeanor and shall be fined one hundred dollars for the first offense and two hundred dollars for each subsequent offense.

(P.A. 14-223, S. 9.)

Sec. 22-61k. Minimization of airborne neonicotinoid dust from treated seeds. Best practices. Availability to farmers and general public. Not later than January 1, 2017, the Commissioner of Agriculture, in collaboration with the Connecticut Agricultural Experiment Station and the Department of Energy and Environmental Protection, shall develop best practices for minimizing the airborne liberation of neonicotinoid insecticide dust from treated seeds and mitigating the effects of such dust on pollinators. Such best practices shall include, but not be limited to: (1) Methods to minimize such dust when treated seeds are dispensed from a seed bag into seed planter equipment; (2) guidance on the positioning of the vacuum system discharge of seed planter equipment to direct such discharge toward the soil; (3) time frames for the mowing of flowering vegetation located next to crop fields; (4) identification of weather conditions that minimize drift of such dust; and (5) suggestions for the use of seed lubricants to effectively minimize the drift of such dust. Each such state agency shall make the best practices developed pursuant to this section available to farmers, any person who owns, operates or manages a farm or an agricultural facility and the general public by posting such best practices on the Internet web site of such state agency not later than February 15, 2017. For purposes of this section, section 22-90a, subsection (l) of section 22a-50, sections 22a-61a and 22a-61b and section 6 of public act 16-17*, “neonicotinoid,” means any pesticide that acts selectively on the nicotinic acetylcholine receptors of an organism, including clothianidin, dinotefuran, imidacloprid, thiamethoxam and any other such pesticide that the Commissioner of Energy and Environmental Protection, after consultation with the Connecticut Agricultural Experiment Station, determines will result in the death of fifty per cent or more of a population of bees when two micrograms or less of such pesticide is applied to each bee within such population.

(P.A. 16-17, S. 1.)

*Note: Section 6 of public act 16-17 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

History: P.A. 16-17 effective May 6, 2016.

Sec. 22-61l. Definitions. Hemp research. Pilot program. State plan. Licensure requirements. Fees. Violations. Penalties. Records. Regulations. (a) For the purpose of this section and section 22-61m, the following terms have the same meaning as provided in 7 CFR 990.1, as amended from time to time: “Acceptable hemp THC level”, “Agricultural marketing service”, “Cannabis”, “Conviction”, “Corrective action plan”, “Culpable mental state greater than negligence”, “Decarboxylated”, “Decarboxylation”, “Dry weight basis”, “Gas chromatography”, “Geospatial location”, “Handle”, “High-performance liquid chromatography”, “Information sharing system”, “Measurement of uncertainty”, “Negligence”, “Phytocannabinoid”, “Postdecarboxylation” and “Reverse distributor”. In addition, for the purpose of this section and section 22-61m:

(1) “Cannabidiol” or “CBD” means the nonpsychotropic compound by the same name;

(2) “Certificate of analysis” means a certificate from a laboratory describing the results of the laboratory's testing of a sample;

(3) “Commissioner” means the Commissioner of Agriculture, or the commissioner's designated agent;

(4) “Cultivate” means to plant, grow, harvest, handle and store a plant or crop;

(5) “Federal act” means the United States Agricultural Marketing Act of 1946, 7 USC 1639o et seq., as amended from time to time;

(6) “Department” means the Department of Agriculture;

(7) “Hemp” has the same meaning as provided in the federal act;

(8) “Hemp products” means all manufacturer hemp products and producer hemp products;

(9) “Independent testing laboratory” means a facility:

(A) For which no person who has any direct or indirect financial or managerial interest in the laboratory and also has any direct or indirect interest in a facility that:

(i) Produces, distributes, manufactures or sells hemp or hemp products, or marijuana in any state or territory of the United States; or

(ii) Cultivates, processes, distributes, dispenses or sells marijuana; and

(B) That is accredited as a laboratory in compliance with section 21a-408-59 of the regulations of Connecticut state agencies;

(10) “Laboratory” means a laboratory that meets the requirements of 7 CFR 990.3 and that is accredited as a testing laboratory to International Organization for Standardization (ISO) 17025 by a third-party accrediting body such as the American Association for Laboratory Accreditation or the Assured Calibration and Laboratory Accreditation Select Services;

(11) “Law enforcement agency” means the Connecticut State Police, the United States Drug Enforcement Administration, the Department of Agriculture, the Department of Consumer Protection Drug Control Division or any other federal, state or local law enforcement agency or drug suppression unit;

(12) “Licensee” means an individual or entity that possesses a license to produce or manufacture hemp or hemp products in this state;

(13) “Manufacture” means the conversion of the hemp plant into a by-product by means of adding heat, solvents or any method of extraction that modifies the original composition of the plant for the purpose of creating a manufacturer hemp product for commercial or research purposes;

(14) “Manufacturer” means a person in the state licensed by the Commissioner of Consumer Protection to manufacture, handle, store and market manufacturer hemp products pursuant to the provisions of section 22-61m and any regulation adopted pursuant to section 22-61m;

(15) “Marijuana” has the same meaning as provided in section 21a-240;

(16) “Market” or “marketing” means promoting, distributing or selling a hemp product within the state, in another state or outside of the United States and includes efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers;

(17) “On-site manager” means the individual designated by the producer license applicant or producer responsible for on-site management and operations of a licensed producer;

(18) “Pesticide” has the same meaning as “pesticide chemical” as provided in section 21a-92;

(19) “Lot” means a contiguous area in a field, greenhouse or indoor growing structure containing the same variety or strain of hemp throughout the area;

(20) “Post-harvest sample” means a representative sample of the form of hemp taken from the harvested hemp from a particular lot's harvest that is collected in accordance with the procedures established by the commissioner;

(21) “Pre-harvest sample” means a composite, representative portion from plants in a hemp lot, that is collected in accordance with the procedures established by the commissioner;

(22) “Produce” means to cultivate hemp or create any producer hemp product;

(23) “State plan” means a state plan, as described in the federal act and as authorized pursuant to this section;

(24) “THC” means delta-9-tetrahydrocannabinol;

(25) “Controlled Substances Act” or “CSA” means the Controlled Substances Act as codified in 21 USC 801 et seq.;

(26) “Criminal history report” means the Federal Bureau of Investigation's Identity History Summary;

(27) “Drug Enforcement Administration” or “DEA” means the United States Drug Enforcement Administration;

(28) “Farm service agency” or “FSA” means an agency of the United States Department of Agriculture;

(29) “Key participant” means a sole proprietor, a partner in partnership or a person with executive managerial control in an entity, including persons such as a chief executive officer, chief operating officer and chief financial officer;

(30) “Manufacturer hemp product” means a commodity manufactured from the hemp plant, for commercial or research purposes, that is intended for human ingestion, inhalation, absorption or other internal consumption, that contains a THC concentration of not more than 0.3 per cent on a dry weight basis or per volume or weight of such manufacturer hemp product;

(31) “Producer” means an individual or entity licensed by the commissioner to produce and market producer hemp products pursuant to the federal act, the state plan, the provisions of this section and the regulations adopted pursuant to this section;

(32) “Producer hemp product” means any of the following produced in this state: Raw hemp product, fiber-based hemp product or animal hemp food product, and each of which contains a THC concentration of not more than 0.3 per cent on a dry weight basis or per volume or weight of such producer hemp product;

(33) “USDA” means the United States Department of Agriculture;

(34) “Entity” means a corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization or other similar organization, including any such organization participating in the hemp production as a partner in a general partnership, a participant in a joint venture or a participant in a similar organization; and

(35) “Homogenize” means to blend hemp into a mixture that has a uniform quality and content throughout such mixture.

(b) The Commissioner of Agriculture shall establish and operate an agricultural pilot program, as defined in 7 USC 5940, as amended from time to time, for hemp research to enable the department, and its licensees, to study methods of producing and marketing hemp. All producer licensees licensed pursuant to this section shall be participants in the state agricultural pilot program for hemp research. Until such time as said commissioner adopts regulations, in accordance with the provisions of chapter 54, the Department of Agriculture shall utilize procedures and guidance policies that the commissioner deems to be consistent with the provisions of 7 USC 5940, as amended from time to time, provided such procedures and guidance policies shall, at a minimum, require: (1) The commissioner to certify and register any site used to grow hemp, (2) any person who produces hemp to produce plants that meet the definition of hemp and verify such, (3) the maintenance of records by any person who grows hemp and the availability of inspection of such records by the commissioner, and (4) verification of compliance with the definition of hemp by a laboratory, at the expense of any licensee. The provisions of this section shall take precedence over any such procedure or guidance policy. Participants in the state agricultural pilot program for hemp research shall be licensed in accordance with the provisions of this section. Such pilot program shall operate until the earlier of the date of a fully approved state plan under the federal act, as described in this section, or the date of repeal of the federal law permitting the state's agricultural pilot program for hemp research.

(c) (1) The commissioner shall prepare a state plan in accordance with the federal act and 7 CFR 990.3, for approval by the Governor, in consultation with the office of the Chief State's Attorney and the Attorney General. The state plan, once approved by the Governor and the Attorney General, shall be submitted by the commissioner to the United States Secretary of Agriculture for his or her approval. The commissioner shall have the authority to amend the state plan, in consultation with the Governor, the Attorney General and the office of the Chief State's Attorney, as necessary to comply with the federal act.

(2) The commissioner shall operate the state plan, which shall include, at a minimum, the following requirements:

(A) The sampling of hemp shall comply, at a minimum, with 7 CFR 990.3(a)(2) and be performed by the commissioner, the commissioner's designated agents, or an authorized sampling agent;

(B) The testing of hemp shall comply, at a minimum, with 7 CFR 990.3(a)(3);

(C) The control and disposal of noncompliant cannabis plants shall comply with 7 CFR 990.27;

(D) The department shall comply with all recordkeeping and reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 990.71, inclusive;

(E) The department shall comply with enforcement procedures in 7 CFR 990.6;

(F) The department shall conduct annual inspections of, at a minimum, a random sample of producers to verify that hemp is not produced in violation of the federal act, the state plan and the provisions of this section, and shall enforce any violation as provided for in the federal act and as defined in 7 CFR 990.6;

(G) Producers shall report their required license, lot and hemp crop acreage information to FSA, in accordance with the requirements in 7 CFR 990.7; and

(H) Producers shall report to the commissioner the total acreage of hemp planted, harvested and, if applicable, disposed of, and such other information as the commissioner may require.

(3) All sampling and testing of hemp shall be done using protocols that are at least as statistically valid as the USDA's published protocols for sampling and testing of hemp, which protocols shall be posted on the department's Internet web site. During a scheduled sample collection, the producer, or an authorized representative of the producer, shall be present at the lot. A producer shall not harvest the cannabis crop prior to the taking of samples. Samples of hemp plant material from one lot shall not be commingled with hemp plant material from other lots. Lots tested and not certified by a laboratory at or below the acceptable hemp THC level shall be handled and disposed of in accordance with the federal act, the provisions of this section and the state plan, as applicable.

(4) The commissioner shall collect, maintain and provide to the USDA, on a timely basis, and not less than once per month, license status of each hemp producer, contact information for each hemp producer licensed in the state, including lot legal descriptions and locations, and any changes to such information. The commissioner shall also report to the USDA, on a timely basis, and not less than once per month, all required hemp test results and disposal information for all nonconforming hemp plants and plant material. Such information shall not include state and federal fingerprint-based records pursuant to section 29-17a.

(d) The commissioner shall have the authority to enforce the federal act, as amended from time to time, the state plan, this section and any regulations adopted in accordance with the federal act and chapter 54 for hemp production in the state. The commissioner shall have the authority to enforce the applicable standards for producer hemp products. The commissioner may consult, collaborate and enter into cooperative agreements with any federal or state agency, municipality or political subdivision of the state concerning application of the provisions of the federal act and the regulations adopted pursuant to the federal act, as may be necessary to carry out the provisions of this section.

(e) Any person who produces hemp shall: (1) Be licensed by the commissioner; (2) comply with the federal act, the state plan, the provisions of this section and any regulation adopted pursuant to this section; and (3) transport hemp and hemp samples in a manner and with such documentation as required by the commissioner.

(f) Any person who sells hemp products shall not be required to be licensed provided such person only engages in: (1) The retail or wholesale sale of hemp or hemp products in which no further producing or manufacturing of the hemp products occurs and the hemp products are acquired from a person authorized under the laws of this state or another state, territory or possession of the United States or another sovereign entity to possess and sell such hemp products; (2) the acquisition of hemp or hemp products for the sole purpose of product distribution for resale; or (3) the retail sale of hemp products that are otherwise authorized under federal or state law.

(g) Any applicant for a license pursuant to this section shall meet each of the following requirements, as applicable:

(1) Each applicant, whether an individual or an entity, shall submit an application for a license that consists, at a minimum, of the following: (A) The name, telephone number, electronic mail address, business address and address of any individual who is the applicant, the full name of any entity that is the applicant, including any applicable principal business location and the full name, title and electronic mail address of each key participant; (B) the name and address of each lot for the hemp cultivation or producing location; (C) the geospatial location of each lot by means of global positioning system coordinates and legal description of each lot used for the hemp cultivation; (D) the acreage size of each lot where the hemp will be cultivated; (E) written consent allowing the commissioner to conduct both scheduled and random inspections of and around the premises on which the hemp is to be cultivated, harvested, stored and produced; and (F) any other information as may be required by the commissioner;

(2) Each individual who is an applicant and each key participant of any entity applying for a producer license, or renewal thereof, shall submit to state and national fingerprint-based criminal history records checks conducted in accordance with section 29-17a, at his or her own expense. For the period commencing on the effective date of this section and ending on December 31, 2021, the results of any such criminal history records checks shall be provided by such applicants and key participants to the commissioner for review;

(3) No individual, including any key participant of any entity, who has been convicted of any felony, as prescribed in the federal act, shall be eligible to obtain or hold a producer license, provided such restriction shall not apply to any individual who lawfully grew hemp with a license, registration or authorization under any state pilot program authorized by section 7606 of the Agricultural Act of 2014 before December 20, 2018. Any individual or entity that materially falsifies any information in an application pursuant to this section shall be ineligible to obtain a producer license; and

(4) Each individual or entity who is required by this section to obtain a producer license shall pay for all costs of sampling, testing, retesting and resampling any samples at a laboratory for the purpose of determining the THC concentration level of any cannabis under their control, or in their possession. Each individual or entity who is required by this section to obtain a producer license shall pay for all costs of disposal of all noncompliant cannabis plants under their control, or in their possession.

(h) Any producer license issued by the commissioner shall expire on the third following December thirty-first and may be renewed during the preceding month of October. Such licenses shall not be transferable.

(i) The following fees shall apply for each producer license and inspection:

(1) A nonrefundable license application fee of fifty dollars, provided any constituent unit of higher education, state agency or department shall be exempt from such application fee if such production is for research purposes;

(2) A nonrefundable triennial producer license fee of four hundred fifty dollars for up to one acre of planned hemp plantings and thirty dollars per each additional acre of planned hemp plantings rounded to the nearest acre, except no license fee charged shall exceed three thousand dollars, provided any constituent unit of higher education, state agency or department shall be exempt from such license fee if such production is for research purposes; and

(3) In the event that resampling by the commissioner is required due to a test result that shows a violation of any provision of this section or any regulation adopted pursuant to this section, the licensee shall pay an inspection fee of fifty dollars. Such fee shall be paid prior to the inspection and collection of the sample to be used for resampling.

(j) After receipt and review of an application for producer licensure, the commissioner may grant a triennial license upon a finding that the applicant meets the applicable requirements. Each producer licensee shall notify the commissioner of any changes to their application information, not later than fifteen days after such change. While the pilot program is in effect, the commissioner may grant a conditional approval of a producer license, pending receipt of the criminal history records check required by this section. The commissioner shall assign each producer with a license or authorization identifier in a format consistent with 7 CFR 990.3(a)(9).

(k) Whenever an inspection or investigation conducted by the commissioner pursuant to this title reveals any violation of the state plan, this section or any regulation adopted thereunder, the producer license applicant or respondent, as applicable, shall be notified, in writing, of such violation and any corrective action to be taken and the time period within which such corrective action shall be taken. Any such producer license applicant or respondent may request a hearing, conducted in accordance with chapter 54, on any such notification. Any notification issued pursuant to this section shall be made by certified mail, return receipt requested to the producer license applicant or respondent's last known address, by in-hand service by the commissioner or designated agent of the commissioner, electronic mail service with the consent of the recipient, or by service in accordance with chapter 896. The commissioner shall report all producer violations made with a culpable mental state greater than negligence to the United States Attorney General and the State's Attorney for the judicial district in which the producer violation occurred.

(l) Nothing in this section shall be construed to limit the commissioner's authority to issue a cease and desist order pursuant to section 22-4d, or an emergency order, in order to respond to a condition that may present a public health hazard, or issue orders necessary to effectuate the purposes of this section, including, but not limited to, orders for the embargo, partial destruction, destruction and release of hemp or hemp products. Any cease and desist order or an emergency order shall become effective upon service of such order by the commissioner. Following service of any such order, subsequent proceedings shall proceed in accordance with the provisions of section 22-4d and the rules of practice for such agency. Any embargo, partial destruction, destruction or release order issued pursuant to this section shall be served by certified mail, return receipt requested to the respondent's last known address, by in-hand service by the commissioner or designated agent of the commissioner, or by service in accordance with chapter 896.

(m) Following a hearing conducted in accordance with chapter 54, the commissioner may impose an administrative civil penalty, not to exceed two thousand five hundred dollars per violation, and suspend, revoke or place conditions upon any producer licensee who violates the provisions of this section or any regulation adopted pursuant to this section.

(n) (1) Any individual who produces hemp in this state without obtaining a license pursuant to this section, or who produces hemp in this state after having a license suspended or revoked shall have committed an infraction.

(2) Any entity that produces hemp in this state without obtaining a license pursuant to this section, produces hemp in violation of this section or produces hemp in this state after having a license suspended or revoked may be fined not more than two thousand five hundred dollars per violation, after a hearing conducted in accordance with chapter 54.

(o) (1) Any negligent violation, as described in the federal act, of this section or the state plan shall be subject to enforcement in accordance with the federal act, and the state plan for negligent violations.

(2) For any negligent violation, a producer shall be required to correct such negligent violation, by means of a corrective action plan approved by the commissioner. Each corrective action plan shall include, at a minimum, a reasonable completion deadline for correction of the negligent violation, periodic reporting to the commissioner for at least two years and compliance with the state plan.

(3) Any producer that negligently violates the state plan shall not, as a result of such negligent violation, be referred by the commissioner for any criminal enforcement action by the federal, state or local government.

(4) Any producer that negligently violates the state plan three times during any five-year period shall be ineligible to produce hemp for a period of five years beginning on the date of the third violation.

(5) The commissioner shall conduct an inspection to determine if the corrective action plan for a producer who commits any such negligent violation was properly implemented.

(p) Any person aggrieved by an order issued pursuant to this section may appeal to the commissioner in accordance with the provisions of chapter 54. Such appeal shall be made in writing to the commissioner and received not later than fifteen days after the date of the order. If no appeal is made pursuant to this subsection the order shall be final.

(q) (1) All documents submitted under this section shall be subject to disclosure in accordance with chapter 14, except: (A) Information depicting or describing (i) the test results of any producer, (ii) the location of any hemp growing, harvesting, processing or storage location, or (iii) hemp producer location security schematics; and (B) the results of any criminal history records check.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, all documents and records submitted or maintained pursuant to this section shall be disclosed to any law enforcement agency upon request of such law enforcement agency.

(r) The commissioner may inspect and shall have access to the buildings, equipment, supplies, vehicles, records, real property and other information that the commissioner deems necessary to carry out the commissioner's duties pursuant to this section from any person participating in producing, handling, storing marketing or researching hemp.

(s) Nothing in this section shall be construed to apply to any licensee of palliative marijuana authorized pursuant to chapter 420f.

(t) All licensees pursuant to this section shall maintain records required by the federal act, the state plan, this section and any regulation adopted pursuant to this section. Each licensee shall make such records available to the department immediately upon request of the commissioner and in electronic format, if available.

(u) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, the labeling of producer hemp products.

(v) Notwithstanding any provision of the general statutes: (1) Marijuana does not include hemp or hemp products; (2) THC that does not exceed 0.3 per cent by dry weight and that is found in hemp shall not be considered to be THC that constitutes a controlled substance; (3) hemp-derived cannabidiols, including CBD, shall not constitute controlled substances or adulterants solely on the basis of containing CBD; and (4) hemp products that contain one or more hemp-derived cannabidiols, such as CBD, intended for ingestion shall be considered foods, not controlled substances or adulterated products solely on the basis of the containing hemp-derived cannabidiols.

(w) Whenever the commissioner believes or has reasonable cause to believe that the actions of a licensee or any employee of a producer licensee are in violation of the federal act, the state plan, or any state law concerning the growing, cultivation, handling, transporting or possession of marijuana, the commissioner shall notify the Department of Emergency Services and Public Protection and the State Police.

(P.A. 19-3, S. 1; 19-117, S. 152, 153; Sept. Sp. Sess. P.A. 20-2, S. 1.)

History: P.A. 19-3 effective May 9, 2019; P.A. 19-117 amended Subsecs.(a)(1) and (a)(12) to change reference from “delta-a” to “delta-9”, effective June 26, 2019; Sept. Sp. Sess. P.A. 20-2 amended Subsec. (a) to substantially revise definitions, amended Subsec. (c) to designate existing provisions as Subdiv. (1) and amend same to add reference to 7 CFR 990.3, replace provision re approval by Attorney General with provision re consultation with Attorney General, and add Subdivs. (2) to (4) re requirements of state plan, sampling and testing protocols and reports to USDA, amended Subsec. (d) to delete “that are not consumable”, amended Subsec. (e)(2) to replace “only acquire certified seeds” with “comply with the federal act, the state plan, the provisions of this section and any regulation adopted pursuant to this section”, amended Subsec. (g) to substantially revise license application requirements, amended Subsec. (h) to replace “second” with “third”, amended Subsec. (i) to replace biennial grower license with triennial producer license and increase fee of $50 per acre with fee of $450 for up to 1 acre and $30 per each additional acre in Subdiv. (2), delete former Subdiv. (3) re nonrefundable processor licensing fee, and redesignate existing Subdiv. (4) as Subdiv. (3), amended Subsec. (j) to add provisions re notification of changes to application information and re license or authorization identifier, amended Subsec. (k) to add “the state plan” and add provisions re issuance of notifications and report of producer violations, amended Subsec. (l) to add provision re service of embargo, partial destruction, destruction or release order, amended Subsec. (n) to replace reference re $250 fine with reference re infraction in Subdiv. (1), and delete “business” re entity and replace “shall” with “may” re fine in Subdiv. (2), amended Subsec. (o) to designate existing provision as Subdiv. (1) and amend same to add “, and the state plan for negligent violations”, and add Subdivs. (2) to (5) re corrective action plan, no referral to federal, state or local government, ineligibility and inspection, amended Subsec. (q) to designate existing provision as Subdiv. (1) and amend same to add Subparas. (A) and (B) re test results, location, and security schematics and criminal history records check results, and add Subdiv. (2) re disclosure to law enforcement agency, amended Subsec. (r) to replace “the planting, cultivating, harvesting, processing,” with “producing, handling, storing”, deleted former Subsecs. (s) and (y) re inspection and testing program and pilot program, redesignated existing Subsecs. (t) to (x) as Subsecs. (s) to (w), amended redesignated Subsec. (t) to add “the state plan”, amended redesignated Subsec. (u) to replace “shall” with “may” re adoption of regulations and replace provision re sampling, testing and disposal procedures with provision re labeling of producer hemp products, amended redesignated Subsec. (w) to add provision re violation of federal act and state plan, replaced references to grower and processor with references to producer throughout, and made technical and conforming changes, effective October 31, 2020.

Sec. 22-61m. Manufacture of hemp for consumables. License. Fees. Disposal of noncompliant hemp or hemp product. Consumable testing. Records. Regulations. Labeling and marketing of consumables. Report. (a) No person shall manufacture in the state without a license to manufacture issued by the Commissioner of Consumer Protection.

(b) Each applicant for a manufacturer license shall submit an application on a form and in a manner prescribed by the Commissioner of Consumer Protection.

(c) The following fees shall apply for a license to manufacture:

(1) A nonrefundable license application fee of seventy-five dollars; and

(2) A nonrefundable licensing fee of three hundred seventy-five dollars for a license to manufacture hemp.

(d) A license to manufacture issued by the Commissioner of Consumer Protection pursuant to this section shall expire triennially on June thirtieth. Such licenses shall not be transferable.

(e) In accordance with a hearing held pursuant to chapter 54, the Commissioner of Consumer Protection may deny, suspend or revoke a manufacturer license, issue fines of not more than two thousand five hundred dollars per violation and place conditions upon a manufacturer licensee who violates the provisions of this section and any regulation adopted pursuant to this section.

(f) (1) Any individual who manufactures in this state without obtaining a license pursuant to this section or who manufactures in this state after such entity's license is suspended or revoked shall be fined two hundred fifty dollars in accordance with the provisions of section 51-164n.

(2) Any entity who manufactures in this state without obtaining a license pursuant to this section, or who manufactures in this state after having a license suspended, shall be fined not more than two thousand five hundred dollars per violation after a hearing conducted in accordance with the provisions of chapter 54.

(g) Nothing in this section shall be construed to apply to any licensee of palliative marijuana authorized pursuant to chapter 420f.

(h) The Commissioner of Consumer Protection may inspect and shall have access to the buildings, equipment, supplies, vehicles, records, real property and other information of any manufacturer applicant or licensee that the commissioner deems necessary to carry out the commissioner's duties pursuant to this section.

(i) (1) Each manufacturer shall follow the protocol in this subsection for disposing of cannabis in the event that any hemp or hemp product is deemed to exceed the prescribed THC concentration, as determined by the Commissioner of Consumer Protection, or a manufacturer licensee in possession of hemp or hemp products who desires to dispose of obsolete, misbranded, excess or otherwise undesired product. Each manufacturer licensee shall be responsible for all costs of disposal of hemp samples and any hemp produced by such licensee that violates the provisions of this section or any regulation adopted pursuant to this section. Any cannabis that exceeds the prescribed THC concentration allowable in hemp or hemp products shall be immediately embargoed by such manufacturer and clearly labeled as adulterated by such licensee and such licensee shall immediately notify both the Department of Consumer Protection and the Department of Agriculture, in writing, of such adulterated product. Such adulterated product shall be destroyed and disposed of by the following method, as determined by the Commissioner of Consumer Protection:

(A) Surrender, without compensation, of such hemp or hemp product to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such adulterated product; or

(B) By disposal in a manner prescribed by the Commissioner of Consumer Protection.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, upon written request of a manufacturer, the Commissioner of Consumer Protection may permit such manufacturer to combine different batches of raw hemp plant material to achieve a THC concentration of 0.3 per cent on a dry weight basis, in lieu of embargo or destruction.

(j) The manufacturer or manufacturer's authorized designee disposing of the hemp or hemp products shall maintain and make available to the Commissioner of Consumer Protection a record of each such disposal or destruction of product indicating:

(1) The date, time and location of disposal or destruction;

(2) The manner of disposal or destruction;

(3) The batch or lot information and quantity of hemp or hemp product disposed of or destroyed; and

(4) The signatures of the persons disposing of the hemp or hemp products, the authorized representative of the Commissioner of Consumer Protection and any other persons present during the disposal.

(k) Any hemp intended to be manufactured into a manufacturer hemp product shall be tested by an independent testing laboratory. A manufacturer licensee shall make available samples, in an amount and type determined by the Commissioner of Consumer Protection, of hemp for an independent testing laboratory employee to select random samples. The independent testing laboratory shall test each sample for microbiological contaminants, mycotoxins, heavy metals and pesticide chemical residue, and for purposes of conducting an active ingredient analysis, if applicable, as determined by the Commissioner of Consumer Protection.

(l) Once a batch of hemp, intended to be sold as a manufacturer hemp product, has been homogenized for sample testing and eventual packaging and sale, until the independent testing laboratory provides the results from its tests and analysis, the manufacturer licensee shall segregate and withhold from use the entire batch of hemp that is intended for use as a manufacturer hemp product, except the samples that have been removed by the independent testing laboratory for testing. During this period of segregation, the manufacturer licensee shall maintain the hemp batch in a secure, cool and dry location, as prescribed by the Commissioner of Consumer Protection, so as to prevent the hemp from becoming adulterated. Such manufacturer shall not manufacture or sell a manufacturer hemp product prior to the time that the independent testing laboratory completes testing and analysis and provides such results, in writing, to the manufacturer licensee who initiated such testing.

(m) An independent testing laboratory shall immediately return or dispose of any hemp or manufacturer hemp product upon the completion of any testing, use or research. If an independent testing laboratory disposes of hemp or manufacturer hemp products, the laboratory shall dispose of such hemp in the following manner, as determined by the Commissioner of Consumer Protection:

(1) By surrender, without compensation, of such hemp or manufacturer hemp product to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such hemp or hemp product; or

(2) By disposal in a manner prescribed by the Commissioner of Consumer Protection.

(n) If a sample does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, based on the standards prescribed by the Commissioner of Consumer Protection and published on the Internet web site of the Department of Consumer Protection, the manufacturer licensee who sent such batch for testing shall dispose of the entire batch from which the sample was taken in accordance with procedures established by the Commissioner of Consumer Protection pursuant to subdivision (1) of subsection (i) of this section.

(o) If a sample passes the microbiological, mycotoxin, heavy metal and pesticide chemical residue test, the independent testing laboratory shall release the entire batch for manufacturing, processing or sale.

(p) The independent testing laboratory shall file with the Department of Consumer Protection an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, at the same time that it transmits such results to the manufacturer licensee who requested such testing. Each independent testing laboratory shall maintain the test results of each tested batch for a period of three years and shall make such results available to the Department of Consumer Protection upon request.

(q) Manufacturer licensees shall maintain records required by the federal act, this section and any regulation adopted pursuant to this section. Each manufacturer licensee shall make such records available to the Department of Consumer Protection immediately upon request and in electronic format, if available.

(r) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, establishing sampling and testing procedures to ensure compliance with this section, prescribing storage and disposal procedures for hemp, marijuana and manufacturer hemp products that fail to pass Department of Consumer Protection prescribed independent testing laboratory testing standards and establishing advertising and labeling requirements for manufacturer hemp products.

(s) Any claim of health impacts, medical effects or physical or mental benefits shall be prohibited on any advertising for, labeling of or marketing of manufacturer hemp products. Any violation of this subsection shall be deemed an unfair or deceptive trade practice under chapter 735a.

(t) Not later than February 1, 2020, the Commissioners of Agriculture and Consumer Protection shall submit a report, in accordance with section 11-4a, to the joint standing committee of the general assembly having cognizance of matters relating to the environment on the status of the pilot program, the development of the state plan and any regulations for such pilot program or state plan. Additionally such report shall include any legislative recommendations, including, but not limited to, any recommendations for requiring the registration of any manufacturer hemp product offered for sale in this state.

(u) Any person who sells manufacturer hemp products shall not be required to be licensed, provided such person only engages in: (1) The retail or wholesale sale of manufacturer hemp products in which no further manufacturing of hemp occurs, provided such manufacturer hemp products are acquired from a person authorized to manufacture the manufacturer hemp products under the laws of this state or another state, territory or possession of the United States or another sovereign entity; (2) the acquisition of manufacturer hemp products for the sole purpose of product distribution for resale; or (3) the retail sale of manufacturer hemp products that is otherwise authorized under federal or state law.

(v) Notwithstanding any provision of the general statutes: (1) Marijuana does not include manufacturer hemp products; (2) CBD that is found in manufacturer hemp products shall not be considered a controlled substance, as defined in section 21a-240, or legend drug, as defined in section 20-571; and (3) cannabinoids derived from hemp and contained in manufacturer hemp products shall not be considered controlled substances or adulterants.

(P.A. 19-3, S. 2; 19-117, S. 154; Sept. Sp. Sess. P.A. 20-2, S. 2.)

History: P.A. 19-3 effective May 9, 2019; P.A. 19-117 amended Subsec. (n) to delete references to adoption of regulations pursuant to Ch. 54 and add reference to Subsec. (i)(1), effective June 26, 2019; Sept. Sp. Sess. P.A. 20-2 amended Subsec. (c) to increase application fee from $50 to $75 and increase licensing fee from $250 to $375, amended Subdiv. (d) to delete “hemp or hemp products” and replace “biennially” with “triennially”, amended Subsec. (f)(2) to delete “business” re entity, amended Subdiv. (i) to change provisions re hemp or hemp products containing THC concentration of more than 0.3 per cent with provisions re cannabis exceeding prescribed THC concentration in Subdiv. (1), replace provision re presence of authorized representative with provision re manner prescribed by commissioner in Subdiv. (1)(B), and add “of raw hemp plant material” in Subdiv. (2), amended Subsec. (j) to replace “person” with “manufacturer or manufacturer's authorized designee”, amended Subsecs. (k) and (l) to delete “or hemp product”, amended Subsec. (m)(2) to replace provision re presence of authorized representative with provision re manner prescribed by commissioner, amended Subsec. (r) to add provision re storage and disposal procedures for hemp, marijuana and manufacturer hemp projects that fail testing standards, added Subsecs. (u) and (v) re when license not required for person who sells manufacturer hemp products and substances in manufacturer hemp products, deleted references re other accredited testing laboratory, replaced references re consumable with references re manufacturer hemp product, and made technical and conforming changes, effective October 31, 2020.