1. (a) A licensed grower or licensed processor/handler shall not sell or transfer, or permit the sale or transfer, of living plants, viable seeds, leaf material, or floral material to any person in the state who does not hold a license issued by the Department of Agriculture.

2. (b)

   1. (1) A licensed grower or licensed processor/handler shall not sell or transfer, or permit the sale or transfer, of living plants, viable seeds, leaf material, or floral material to any person outside the state of Arkansas, but within the United States, who is not authorized by a university or state department of agriculture under the authority of the Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq. [repealed], and the laws of that state.
   2. (2) The licensed grower or licensed processor/handler is responsible for ensuring that such sale or transfer is lawful in other states.
3. (c) The Department of Agriculture shall permit the sale or transfer of stripped stalks, fiber, dried roots, seed oils, nonviable seeds including seed meal and seed oils for consumption as human food or animal feed, floral and plant extracts, and other marketable hemp products to members of the general public, both within and outside the state, provided that the marketable hemp product’s total THC level is not more than three-tenths of one percent (0.3%).
4. (d) A licensed grower or licensed processor/handler selling or transferring, or permitting the sale or transfer, of floral or plant extracts, including CBD, shall retain testing data or results for at least three (3) years demonstrating that the extract’s total THC level is not more than three-tenths of one percent (0.3%).

5. (e)

   1. (1) The Department of Agriculture shall permit a licensed grower or licensed processor/handler to transfer up to one pound (1 lb.) of hemp material per transfer to testing laboratories, both within and outside the state, for the purpose of measuring THC, CBD, or other phytocannabinoid profile levels.
   2. (2) It is the responsibility of the licensed grower to ensure compliance with laws in other states.

6. (f) Licensed growers or licensed processors/handlers shall comply with the Federal Food, Drug, and Cosmetic Act and all other applicable local, state, and federal laws and rules relating to:

   1. (1) Product development;
   2. (2) Product manufacturing;
   3. (3) Consumer safety; and
   4. (4) Public health.
7. (g) A licensed grower or licensed processor/handler shall not knowingly permit hemp to be sold to or used by any person involved in the manufacture of an item named on the Prohibited Products List set forth in the Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq. [repealed].

8. (h) A licensed grower or licensed processor/handler shall not:

   1. (1) Plant, grow, store, or process hemp on any site not listed in the Grower Licensing Agreement or Processor/Handler License Agreement;
   2. (2) Transport live hemp plants, viable seeds, leaf materials, or floral materials to unapproved locations including trade shows, county fairs, educational or other events, celebrations, ceremonies, or any other address not listed in the grower or processor’s current Grower Licensing Agreement or Processor/Handler License Agreement except by express written permission from the department; and
   3. (3) Allow unsupervised public access to industrial hemp plots or plantings.

Codification Notes: The Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq., was repealed by Acts 2021, No. 565, § 1. The Federal Food, Drug, and Cosmetic Act is codified at 21 U.S.C. § 301 et seq. "THC" means tetrahydrocannabinol.