GENERAL GOVERNMENT

Department of Agriculture

Office of Agricultural Marketing

(Repealer)

 

      302 KAR 50:011. Repeal of 302 KAR 50:010.

 

      RELATES TO: KRS 260.850-260.869, 7 U.S.C. 5940

      STATUTORY AUTHORITY: KRS 260.862, 250.355

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1)(a) authorizes the department to promulgate administrative regulations to prescribe rules for any industrial hemp research pilot program in the Commonwealth of Kentucky. This administrative regulation repeals 302 KAR 50:010 as it is outdated and will conflict with the new administrate filings for industrial hemp.

 

      Section 1. 302 KAR 50:010, Industrial hemp license, is hereby repealed.

 

RYAN F. QUARLES, Commissioner

      APPROVED BY AGENCY: December 15, 2017

      FILED WITH LRC: December 15, 2017 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 22, 2018, at 2:00 p.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through January 31, 2018. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, fax (502) 564-2133, email clint.quarles@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Clint Quarles

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation repeals 302 KAR 50:010.

      (b) The necessity of this administrative regulation: This regulation is necessary to to repeal the current industrial hemp regulation that is outdated and does not conform to the current statutory requirements.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 260.850-260.869 requires the Kentucky Department of Agriculture to regulate industrial hemp. This repealer will remove an administrative regulation that will be in conflict new administrative regulation being filed today.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This repealer will remove the possibility for conflicts among administrative regulations.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: Not applicable.

      (b) The necessity of the amendment to this administrative regulation: Not applicable.

      (c) How the amendment conforms to the content of the authorizing statutes: Not applicable.

      (d) How the amendment will assist in the effective administration of the statutes: Not applicable.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: No person or entity will be effected as 302 KAR 50:010 is not followed.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: There are no anticipated actions associated with the implementation of this repealer.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no anticipated costs associated with the implementation of this repealer.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): There are no anticipated benefits associated with the implementation of this repealer.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: The administrative regulation itself adds very little cost to the KDA over previous growing seasons. There are no anticipated costs associated with the implementation of this repealer.

      (b) On a continuing basis: There are no anticipated costs associated with the implementation of this repealer.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There are no funding sources associated with the implementation of this repealer.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There are no anticipated costs associated with the implementation of this repealer, no changes in funding are needed.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: There are no fees associated with the implementation of this repealer.

      (9) TIERING: Is tiering applied? No. All regulated entities have the same requirements.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1. Federal statute or regulation constituting the federal mandate. 7 U.S.C. 5940

      2. State compliance standards. KRS 260.850-260.869

      3. Minimum or uniform standards contained in the federal mandate. 7 U.S.C. 5940. Establish requirements for industrial hemp pilot programs. This administrative regulation establishes the requirements for participation in Kentucky.

      4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? No, this administrative regulation does not impose stricter, additional, or different requirements or responsibilities than those required by the federal mandate.

      5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. This administrative regulation does not impose stricter, additional, or different requirements or responsibilities than those required by the federal mandate.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? There are no anticipated impacts to state or local government associated with this repealer.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 260.850-260.869 and 7 U.S.C. 5940.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. There are no anticipated impacts to state or local government associated with this repealer.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No costs are expected for the first year with the repeal of this administrative regulation.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No costs are expected for subsequent years with the repeal of this administrative regulation.

      (c) How much will it cost to administer this program for the first year? No costs are expected for the first year with the repeal of this administrative regulation.

      (d) How much will it cost to administer this program for subsequent years? No costs are expected for subsequent years with the repeal of this administrative regulation.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: No fiscal impact is expected.