Vermont Hemp Rules

FINAL PROPOSED RULE # Administrative Procedures— Final Proposed Rule Filing Instructions: In accordance with Title 3 Chapter 25 of the Vermont Statutes Annotated and the "Rule on Rulemaking" adopted by the Office of the Secretary of State, this filing will be considered complete upon filing and acceptance of these forms with the Office of the Secretary of State, and the Legislative Committee on Administrative Rules. All forms requiring a signature shall be original signatures of the appropriate adopting authority or authorized person, and all filings are to be submitted at the Office of the Secretary of State, no later than 3:30 pm on the last scheduled day of the work week. The data provided in text areas of these forms will be used to generate a notice of rulemalcing in the portal of "Proposed Rule Postings" online, and the newspapers of record if the rule is marked for publication. Publication of notices will be charged back to the promulgating agency. PLEASE REMOVE ANY COVERSHEET OR FORM NOT REQUIRED WITH THE CURRENT FILING BEFORE DELIVERY! Certification Statement: As the adopting Authority of this rule (see 3 V.S.A. § 801 (b) (11) for a definition), I approve the contents of this filing entitled: Vermont Hemp Rules _ (signature) Printed Name and Title: Anson B. Tebbetts, Secretary, Vermont Agency of Agriculture, Food and Markets RECEIVED WV Coversheet Adopting Page doo Economic Impact Analysis Environmental Impact Analysis • Strategy for Maximizing Public Input Scientific Information Statement (if applicable) Incorporated by Reference Statement (if applicable) 00poo Clean text of the rule (Amended text without annotation) Annotated text (Clearly marking changes from previous rule) ICAR Minutes Copy of Comments `---Recetu,cd. ocl00 Responsiveness Summary 30'6\a_o Revised Oct 25, 2018 page I Final Proposed Coversheet 1. TITLE OF RULE FILING: Vermont Hemp Rules 2. PROPOSED NUMBER ASSIGNED BY THE SECRETARY OF STATE 19P-045 3. ADOPTING AGENCY: Vermont Agency of Agriculture, Food and Markets 4. PRIMARY CONTACT PERSON: (A PERSON WHO IS ABLE TO ANSWER QUESTIONS ABOUT THE CONTENT OF THE RULE). Name: Cary Giguere Agency: VAAFM Mailing Address: 116 State Street, Montpelier, VT 05620- 2901 Telephone: 802 828 - 6531 Fax: 802 828 - 2361 E-Mail: cary. giguere@vermont . gov Web URL(WHERE THE RULE WILL BE POSTED): https://agriculture.vermont.gov/public-health- agricultural-resource-management-division/hemp- program/hemp-program-rule 5. SECONDARY CONTACT PERSON: (A SPECIFIC PERSON FROM WHOM COPIES OF FILINGS MAY BE REQUESTED OR WHO MAY ANSWER QUESTIONS ABOUT FORMS SUBMITTED FOR FILING IF DIFFERENT FROM THE PRIMARY CONTACT PERSON). Name: Stephanie Smith Agency: VAAFM Mailing Address: 116 State Street, Montpelier, VT 05620- 2901 Telephone: 80.2 661 - 8051 Fax: 802 828 - 2361 E-Mail: stephanie . smith@vermont . gov 6. RECORDS EXEMPTION INCLUDED WITHIN RULE: (DOES THE RULE CONTAIN ANY PROVISION DESIGNATING INFORMATION AS CONFIDENTIAL; LIMITING ITS PUBLIC RELEASE; OR OTHERWISE EXEMPTING IT FROM INSPECTION AND COPYING?) Yes IF YES, CITE THE STATUTORY AUTHORITY FOR THE EXEMPTION: 6 V.S.A. Section 61 PLEASE SUMMARIZE THE REASON FOR THE EXEMPTION: Revised Oct 25, 2018 page 2 Final Proposed Coversheet As part of the Agency's Hemp Program it will collect information from registrants regarding their operations through questionnaires, surveys, physical samples, and laboratory analyses. Data collection, research and analysis will further Agency agricultural development activities in support of the hemp industry in Vermont. Any information collected by the Agency will be available in aggregate only. 7. LEGAL AUTHORITY / ENABLING LEGISLATION: (THE SPECIFIC STATUTORY OR LEGAL CITATION FROM SESSION LAW INDICATING WHO THE ADOPTING ENTITY IS AND THUS WHO THE SIGNATORY SHOULD BE, THIS SHOULD BE A SPECIFIC CITATION NOT A CHAPTER CITATION). 6 V.S.A. Secs. 561, 564,566,570 and 179 8. EXPLANATION OF HOW THE RULE IS WITHIN THE AUTHORITY OF THE AGENCY: The above cited statutes give the Agency the authority. to regulate the registration of individuals participating in the Agency's hemp program including hemp growers, hemp processors, and laboratories, and to establish rules regarding the research into the cultivation and marketing of hemp in accordance with authorization provided by section 7606 of the federal Agricultural Act Of 2014, Pub." L. No. 113-79 and with Section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No.115-334. 9. THE FILING HAS CHANGED SINCE THE FILING OF THE PROPOSED RULE. 10. THE AGENCY HAS INCLUDED WITH TFIIS FILING A LETTER EXPLAINING IN DETAIL WHAT CHANGES WERE MADE, CITING CHAPTER AND SECTION WHERE APPLICABLE. 11. SUBSTANTIAL ARGUMENTS AND CONSIDERATIONS WERE NOT RAISED FOR OR AGAINST THE ORIGINAL PROPOSAL. 12. THE AGENCY HAS INCLUDED COPIES OF ALL WRITTEN SUBMISSIONS AND SYNOPSES OF ORAL COMMENTS RECEIVED. 13. THE AGENCY HAS INCLUDED A LETTER EXPLAINING IN DETAIL THE REASONS FOR THE AGENCY'S DECISION TO REJECT OR ADOPT THEM. 14. CONCISE SUMMARY (150 WORDS OR LESS): This rule establishes V Revised Oct 25, 2018 page 3 Final Proposed Coversheet - registration requirements for cultivators,, processors of hemp and hemp infused products and laboratories -requirements for testing for contaminants and potency -requirements of record keeping, and labeling of products for consumer protection and quality control -that the Agency will collect information from registrants for research purposes and that the information may be protected under 6 V.S.A. Section 61 -a Vermont brand 15. EXPLANATION OF WHY THE RULE IS NECESSARY: These rules are necessary to establish a program with standards, expectations, and enforcement as outlined by the Vermont Legislature, and to allow individuals to grow and process hemp in Vermont while protecting consumers and the Vermont brand. 16. EXPLANATION OF HOW THE RULE IS NOT ARBITRARY: These rules set out necessary definitions, a "registration process, testing and record keeping requirements, performance standards for labeling, inspection and enforcement requirements. 17. LIST OF PEOPLE, ENTERPRISES AND GOVERNMENT ENTITIES AFFECTED BY THIS RULE: Individuals and companies that grow and process hemp, certified laboratories, consumers, law enforcement, State of Vermont, bank and insurance industries, USDA Agricultural Marketing Service and Farm Service Agency, University of Vermont Extension Service, technical service providers. 18. BRIEF SUMMARY OF ECONOMIC IMPACT (150 WORDS OR LESS): These rules may impact small scale growers and processors producing small batches of products containing cannabinoids derived from hemp crops. The necessary record keeping, testing and labeling requirements could be considered onerous or costly. The potential costs of compliance testing can run between $50 and $600 per hemp harvest lot and process lot. However, the industry and consumers will benefit from rules that set standards and expections, resulting in lt Revised Oct 25, 2018 page 4 Final Proposed Coversheet Vermont products that are compliant with delta-9-THC potency requirements and free from contaminants. 19. A HEARING WAS HELD. 20. HEARING INFORMATION (THE FIRST HEARING SHALL BE NO SOONER THAN 30 DAYS FOLLOWING THE POSTING OF NOTICES ONLINE). IF THIS FORM IS INSUFFICIENT TO LIST THE INFORMATION FOR EACH HEARING PLEASE ATTACH A SEPARATE SHEET TO COMPLETE THE HEARING INFORMATION. Date: 6/27/2019 Time: ' e 0 1 : 0 PM Street Address: 1 Conant Square, Brandon, VT Zip Code: 05733 Date: 6/28/2019 Time: 01 : 00 PM Street Address: Emory Hebard Office Building, 100 Main Street Newport, VT Zip Code: 05855 Date: Time: AM Street Address: Zip Code: Date: Time: • AM Street Address: Zip Code: 21. DEADLINE FOR COMMENT (NO EARLIER THAN 7 DAYS FOLLOWING LAST REARING): 7/5/19 KEYWORDS (PLEASE PROVIDE AT LEAST 3 KEYWORDS OR PHRASES TO AID IN THE SEARCHABILITY OF THE RULE NOTICE ONLINE). hemp program agriculture hemp- processor cannabinoid Revised Oct 25, 2018 page 5 Final Proposed Coversheet hemp grower 4; Revised Oct 25, 2018 page 6 'VERMONT AGENCY OF AGRICULTURE, FOOD & MARKETS wrmAgriculture.Yelmontgov Legislative Committee on Administrative Rules Robin Chesnut-Tangerman, Chairperson Legislative Committee on Administrative Rules do Charlene Dindo [email protected] 3/13/2020 Re: Vermont Hemp Program Rules, details on changes since proposed filing The following outlines changes to the proposed Vermont Hemp Rules. Settiorit — Authority and Purpose. 1.1 — Revised for conciseness. 1.2 — Revised to quote Vermont law, 6 V.S.A. §564 (a). 1.3 — Clarity that the Agency expects to operate under the pilot program authorized under the 2014 Farm Bill, which will expire on October 31, 2020, and while the United States Department of Agriculture continues to consider the standards and requirements of its interim final rule that may affect Vermont's decision to submit a State plan to be the primary governing authority over hemp cultivation in the State. ,lection 2ripApplicability: changes for clarity. Section 9—Definitions: renumbering, and revisions for clarity and conciseness, generally. Additional changes described below. 3.1 — Acceptable Potency Level- distinguishing the authority under which the Agency has adopted its definition based on its interpretation of the 2014 Farm Bill, and adding a policy definition and caveat. 3.3 — Added Biomass for clarity. 3.9 — Removed Concentrate for clarity. 3.15 — Clarified that cultivation area includes greenhouses, and indoor facilities. 3.20— Food was clarified to be more specific and to apply to human

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