LICENSE HOLDERS - Forms and Deadlines

The KDA Hemp Licensing Program issues Hemp Grower Licenses and Hemp Processor/Handler Licenses.
This program webpage is designed to provide license holders with specific details and deadlines for the program. All online applicants will submit their reports and requests through the application portal. Those who completed a paper application can use the forms mailed to you with your license.

• REMEMBER, hemp plantings must first be reported to your local USDA-FSA Service Center. Your completed crop report, FSA-578, will contain your farm number, tract number and field/subfield numbers needed to complete your KDA hemp planting reports. Refer to our guidance document for more details.
• Greenhouse/Indoor Planting Reports are due within 15 days of the first planting AND quarterly:
  March 31, June 30, Sept. 30, and Dec. 31.
• Field Planting Reports must be submitted for each licensed field and are due within 15 days following planting.
• Harvest Reports must be submitted at least 15 days PRIOR to the expected harvest date or disposal of a failed crop
• KDA will sample and test each lot of hemp for THC compliance.

GROWER GUIDANCE FOR UNSOLD HEMP AND PROCESSOR IN BANKRUPTCY

Growers who have not yet been able to sell their 2019 harvest may find this document to be helpful, Guidance for Hemp Growers: What to do with a hemp harvest you haven’t sold.

In light of the volatility in the national hemp market last year, the KDA is offering the following guidance for hemp growers, Guidance for Hemp Growers: What to Do If Your Processor Declares Bankruptcy.

PURCHASE OF SEEDS OR TRANSPLANTS

License holders intending to purchase seeds or transplants should first determine whether or not the variety or strain intended for purchase is listed on the Summary of Varieties List.  See the latest list in the right sidebar on this webpage.  If the variety/strain is listed (and not prohibited), no prior approval is required, regardless of whether the seller is in Kentucky or another hemp program.  If the variety/strain is not listed on the Summary of Varieties List, the license holder must submit the New Hemp Variety or Strain Request form with required attachments and receive approval before purchasing the planting materials.  That form is available in your online portal (or on the right sidebar for those with paper applications).

SELLING SEEDS AND TRANSPLANTS

If you are a licensed grower who plans to sell seeds or transplants, you are required to abide by additional regulations governing seed distribution and out-of-state transport of live plants.

Any person engaging in the distribution of hemp seeds shall adhere to the applicable Kentucky seed laws (KRS 250.010 to KRS 250.990) and administrative regulation (12 KAR 1:116 to 175). Go to the UK Division of Regulatory Services seed program website for more details.

Any person who intends to move transplants or other living plants to a location outside Kentucky must obtain a Class A Nursery License from the Kentucky Office of the State Entomologist. See their website for details.

PROCESSOR AND HANDLER REMINDERS

• All Processor/Handler License renewals are due annually by December 31, including current background checks on the applicant and any key participants for business entities.
• Processors making human-consumable products, or substances that will be used to make human-consumable products, must be Good Manufacturing Practices-compliant and permitted by the Department of Public Health within the Cabinet for Health and Family Services.
• A license holder shall not make, manufacture or distribute any of the prohibited products listed in 302 KAR 50:070.
• Processors or handlers operating an analytical laboratory offering third-party hemp testing services must report post-decarboxylated delta-9 THC (Total Delta-9 THC) on a 100% dry weight basis and participate in the University of Kentucky’s Hemp Proficiency Testing Program.
• Processors or handlers packaging a product prior to sale must comply with Packaging and Labeling Regulations as required in 302 KAR 75:130 which references the National Institute of Standards and Technology Handbook 130. There are also specific labeling requirements set forth by the Kentucky Cabinet for Health and Family Services for cannabinoid products in 902 KAR 45:190.
• Processors using hazardous materials or flammable solvents (for example, ethanol) must comply with the requirements of the State Fire Marshal.
• Processors and Handler must keep in mind that adherence to all federal, state, and local laws and regulations is required. Please visit the Kentucky Department for Environmental Protection for instructions regarding the possible need for environmental permits.

PESTICIDES USE ON HEMP

Please click here to learn about pesticides use on hemp in Kentucky.

HEMP IN ANIMAL FEED

As the administrator of the Kentucky Feed Law and Regulations (KRS 250.491-250.990, 12 KAR 2.006-2.066, and KAR 3.007-3.042), the feed program of the University of Kentucky Division of Regulatory Services is responsible for the regulation of commercial feed for animals in the state of Kentucky. Please click here  for the current policy on the use of hemp in animal feed in Kentucky.

SAMPLING AND THC TESTING

KDA samples every planted location prior to harvest.  THC Testing protocol and post-testing actions can be found in 302 KAR 50:056 Sampling and THC Testing on the Hemp and the Law page.

LICENSE HOLDER DEADLINES