1. (a) For licensed growers or licensed processors/handlers.

   1. (1) Approved seed or transplants for cultivating industrial hemp in Arkansas shall be from one (1) of the following:

      1. (A)

2. (i) 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.

   1. (ii) 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 this part (2 CAR § 31-101(a)(3)); or

      1. (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:

         1. (i) Being produced by a licensed grower within the state of production;
         2. (ii) The crop from which the seed or transplants were harvested had a THC analysis of three-tenths of one percent (0.3%) or less by dry weight;
         3. (iii) The variety is listed as an approved variety published annually in the Industrial Hemp Research Program guidance policy; and
         4. (iv) The variety owner’s permission has been granted.

   2. (2)

      1. (A) Growers or other organizations in Arkansas may produce seed or transplants for distribution or sale for cultivation, if the source is subdivision (a)(1) of this section, in subsequent years only if it is overseen and certified by the Arkansas Seed Certification Program to be true to type under AOSCA’s guidelines, Industrial Hemp (Cannabis sativa L. Subsp. Sativa) Certification Standards.
      2. (B) 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. (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 2 CAR § 2-101, definitions.

   4. (4)

      1. (A) A business entity, including an agricultural cooperative enterprise (co-op) or other farm aggregator (aggregator) who contracts with one (1) or more permitted growers, may, upon registering with the Department of Agriculture, obtaining any required permitting from the Drug Enforcement Agency, and pursuant to federal and state law, obtain bulk quantities of seed or transplants approved under this part for distribution to permitted growers.
      2. (B) 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 ten (10) days of delivery.

3. (b)

   1. (1)

      1. (A) All industrial hemp seed or transplants sold within or into Arkansas must be labeled as to variety or hybrid name.
      2. (B) Labelers of seed or transplants must provide to the board breeder descriptions and variety release information including any subsequent updates/amendments to these descriptions.
   2. (2) For purposes of labeling, the number or other designations of hybrid industrial hemp shall be used as a variety name.
   3. (3) All industrial hemp seed for planting purposes sold within or into Arkansas is subject to the rules in the State Plant Board’s Rules on the Sale of Planting Seed in Arkansas, 2 CAR pt. 33.

Codification Notes: The Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq., was repealed by Acts 2021, No. 565, § 1. "THC" means tetrahydrocannabinol.