Home Table of Contents

209.02.25-5. Approved Seed for Planting

AR ADC 209.02.25-5Arkansas Administrative CodeEffective: May 30, 2020

West's Arkansas Administrative Code
Title 209. Department of Agriculture
Division 02. State Plant Board / Plant Industries Division
Rule 25. Industrial Hemp Research Program Rules
Effective: May 30, 2020
Ark. Admin. Code 209.02.25-5
209.02.25-5. Approved Seed for Planting
Currentness
(A) (For Licensed Growers or Licensed Processors/handlers.)
(1) Approved seed or transplants for cultivating industrial hemp in Arkansas shall be from one of the following:
(a) Seed or transplants produced from seed or living plant parts that meet the criteria for Breeder, Foundation, Registered, or Certified categories as defined by the Official Standards for Seed Certification in Arkansas, including certification by other AOSCA seed agencies recognized by the Arkansas Seed Certification Program. All such seed and transplants shall include a certifying tag of varietal purity issued by Arkansas Seed Certification Program or another official certifying agency as defined in these rules (Section 1 A. 3) or
(b) As allowed by the Industrial Hemp Research Program, seed or transplants produced lawfully under an industrial hemp research program within the United States provided that the seed or transplants have accompanying documentation of:
i. being produced by a licensed grower within the state of production, and
ii. have accompanying documentation that the crop from which the seed or transplants were harvested had a THC analysis of 0.3% or less by dry weight, and
iii. the variety is listed as an approved variety published annually in the Industrial Hemp Research Program guidance policy.
iv. the variety owner's permission has been granted.
(2) Growers or other organizations in Arkansas may produce seed or transplants for distribution or sale for cultivation, if the source is Subparagraph (a)(1) of this Rule, in subsequent years only if it is overseen and certified by the Arkansas Seed Certification Program to be true to type under Association of Official Seed Certifying Agencies' (AOSCA's) guidelines: Industrial Hemp (Cannabis sativa L. Subsp. Sativa) Certification Standards. No other seed or transplants may be produced in Arkansas for distribution or sale in Arkansas unless approved by the Industrial Hemp Research Program.
(3) All seed or transplants produced in Arkansas for distribution or sale in Arkansas to be utilized for cultivation of industrial hemp shall include a certifying tag of varietal purity issued by the Arkansas Seed Certification Program or another official certifying agency as defined in the above Section 1: Definitions.
(4) A business entity, including an agricultural co-operative enterprise (“co-op”) or other farm aggregator (“aggregator”) who contracts with one or more permitted growers, may, upon registering with the department, obtaining any required permitting from the United States Drug Enforcement Agency, and pursuant to Federal and State law, obtain bulk quantities of seed or transplants approved under this Rule for distribution to permitted growers. A permitted grower may own and plant seed or transplants obtained from such registered co-ops or aggregators, who must document quantities delivered to each named grower within 10 days of delivery.
(B) All Industrial Hemp seed or transplants sold within or into Arkansas must be labeled as to variety or hybrid name. Labelers of seed or transplants must provide to the board breeder descriptions and variety release information including any subsequent updates/amendments to these descriptions.
(1) For purposes of labeling, the number or other designations of hybrid industrial hemp shall be used as a variety name.
(2) All Industrial Hemp seed for planting purposes sold within or into Arkansas is subject to the rules in the Board's Circular 10: Regulations on the Sale of Planting Seed in Arkansas.

Credits

Adopted Aug. 27, 2018. Amended May 30, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 209.02.25-5, AR ADC 209.02.25-5
End of Document