SF0055 • 2020

Hemp production-fees.

AN ACT relating to hemp production; requiring fees for compliance inspections and disposal verification; authorizing disposal verification; amending requirements for corrective action plans; requiring rulemaking; correcting references; and providing for an effective date.

Agriculture Budget

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Appropriations
Last action: 2020-03-24
Official status: enrolled
Effective date: 3/24/2020

Plain English Breakdown

Checked against official source text during the last sync.

Hemp Production Fees

This law requires fees for inspections and disposal verification of hemp products with too much THC, authorizes disposal verification by the Wyoming Department of Agriculture, and mandates rulemaking.

What This Bill Does

Requires the Wyoming Department of Agriculture to charge fees for compliance inspections and disposal verification of hemp products that contain more than 0.3% THC on a dry weight basis.
Authorizes the department to impose fees for chemical sampling and analysis during inspections of hemp production or processing activities.
Amends requirements for corrective action plans, which can now include steps related to proper disposal of non-compliant hemp products.

Who It Names or Affects

Hemp producers and processors in Wyoming who are licensed by the state.

Terms To Know

Corrective Action Plan: A plan developed by the department to help a licensee fix any violations of hemp production rules.
Disposal: Activities that alter or treat non-compliant hemp products so their THC levels are reduced or made inaccessible.

Limits and Unknowns

The bill does not specify the exact amount of fees for inspections and disposal verification, only setting a maximum limit.
It is unclear how many producers and processors will be affected by these new requirements.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0055H2001

2nd reading • Representative Hunt

Corrected, Adopted

Plain English: The amendment removes specific changes related to fees and language about disposal verification for hemp production, reverting the bill back to its original form before certain amendments were made.

Removes newly added language on page 5 line 3 that was part of a previous amendment.
Removes newly added language on page 5 line 4 that was part of a previous amendment.

The exact nature and content of the removed language is not provided in the amendment text, making it hard to explain what specific changes were made beyond their removal.

SF0055H2002

2nd reading • Representative Loucks

Adopted

Plain English: The amendment changes the conditions under which hemp disposal and inspection fees are required, focusing specifically on products with high levels of THC.

Adds that disposal verification fees apply only to licensees.
Specifies that inspections for disposal verification focus on products containing more than 0.3% THC by dry weight.
Removes the phrase 'lot for' in reference to product inspection requirements.

The amendment text does not provide details about how these changes will be implemented or enforced.

SF0055HW001

Committee of the Whole • Representative Hunt

Adopted

Plain English: The amendment adds a requirement to amend the rules for corrective action plans in relation to hemp production.

Adds language to require amending the rules for corrective action plans related to hemp production.

The exact nature of how corrective action plans will be amended is not specified and would need further clarification from the bill's text or additional amendments.

SF0055JC001

Conference Committee

S Adopted, H Adopted

Plain English: The amendment modifies the bill to specify that certain hemp disposal and inspection requirements apply only to products with more than 0.3% THC on a dry weight basis.

Adds language specifying that disposal verification applies only to licensees' products containing over 0.3% THC by dry weight.
Removes the term 'per lot' from the bill text.
Modifies inspection requirements to apply specifically to hemp products with more than 0.3% THC on a dry weight basis.

The amendment's technical changes may be hard for non-experts to understand fully without additional context about hemp regulations.

SF0055SS001

Standing Committee • Senate Appropriations Committee

Adopted

Plain English: The amendment modifies a section of the bill about hemp production by adding language that requires notifying a licensee's known creditors when there is a violation.

Adds new wording after 'basis' to include providing notice of violations to a licensee's known creditors.

The amendment text does not provide further details on how or under what circumstances the notification should be made, leaving some aspects unclear.

Bill History

2020-03-24 LSO
Assigned Chapter Number 149
2020-03-24 Governor
Governor Signed SEA No. 0065
2020-03-12 House
H Speaker Signed SEA No. 0065
2020-03-12 Senate
S President Signed SEA No. 0065
2020-03-12 LSO
Assigned Number SEA No. 0065
2020-03-10 House
H Appointed JCC01 Members
2020-03-09 Senate
S Appointed JCC01 Members
2020-03-09 Senate
S Concur:Failed 1-29-0-0-0
2020-03-09 Senate
S Received for Concurrence
2020-03-06 House
H 3rd Reading:Passed 40-18-2-0-0
2020-03-05 House
H 2nd Reading:Passed
2020-03-04 House
H 2nd Reading:Laid Back
2020-03-03 House
H COW:Passed
2020-02-27 House
H Placed on General File
2020-02-27 House
H02 - Appropriations:Recommend Do Pass 7-0-0-0-0
2020-02-26 House
S02 - Appropriations:Rerefer to H02 - Appropriations
2020-02-26 House
H05 - Agriculture:Recommend Do Pass 9-0-0-0-0
2020-02-24 House
H Introduced and Referred to H05 - Agriculture
2020-02-18 House
H Received for Introduction
2020-02-13 Senate
S 3rd Reading:Passed 29-1-0-0-0
2020-02-12 Senate
S 2nd Reading:Passed
2020-02-11 Senate
S COW:Passed
2020-02-11 Senate
S Placed on General File
2020-02-11 Senate
S02 - Appropriations:Recommend Amend and Do Pass 5-0-0-0-0
2020-02-10 Senate
S Introduced and Referred to S02 - Appropriations 28-0-2-0-0
2020-02-07 Senate
S Received for Introduction
2020-01-24 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0452
Bill No.:

SF0055

Effective:

Immediately

LSO No.:

20LSO-0452

Enrolled Act No.:

SEA No. 0065

Chapter No.:

149

Prime Sponsor:

Joint Appropriations Committee

Catch Title:

Hemp production-fees.

Subject:

Fees for hemp and hemp production regulation.

Summary/Major Elements:

In 2019, Wyoming enacted legislation authorizing hemp production and hemp processing under state law. The law required the Wyoming Department of Agriculture to submit a state plan to the federal United States Secretary of Agriculture for primary regulatory authority of hemp in Wyoming. In 2020, the plan was approved.

The act:
Requires the Wyoming Department of Agriculture to require verification for effective disposal of hemp products that contain Tetrahydrocannabinol (THC) in excess of allowable amounts and authorizes fees for the verification;
Authorizes the Wyoming Department of Agriculture to impose fees for inspections and chemical sampling and analysis of hemp production or processing activities;
Requires rulemaking.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

20LSO-0452

ORIGINAL Senate

ENGROSSED
File No
.
SF0055

ENROLLED ACT NO. 65,

SENATE

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to hemp production; requiring fees for compliance inspections and disposal verification; authorizing disposal verification; amending requirements for corrective action plans; requiring rulemaking; correcting references; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 11
‑
51
‑
101(a)(intro), (i), (ii) and (iv), 11
‑
51
‑
102, 11
‑
51
‑
103(b)(iv) and (e), 11
‑
51
‑
104, 11
‑
51
‑
105(a), 11
‑
51
‑
106 and 11
‑
51
‑
107 are amended to read:

11
‑
51
‑
101.

Definitions.

(a)

As used in this
article
chapter
:

(i)

"Corrective action plan" means a plan the department develops in consultation with a licensee to correct any violation of this
article
chapter
;

(ii)

"Disposal" means activities to alter or treat hemp or hemp products that contain an amount of THC in excess of the amount authorized in this
article
chapter
to ensure that the THC is reduced to bring the hemp or hemp product into compliance with this
article
chapter
or, if compliance is not attainable, that the THC is rendered inaccessible;

(iv)

"Licensee" means a person licensed under this
article
chapter
to produce, process or test hemp;

11
‑
51
‑
102.

Hemp as agricultural crop; use of hemp.

(a)

Hemp is an agricultural crop in this state. Upon meeting the requirements of this
article
chapter
, a person may produce or process hemp.

(b)

Notwithstanding the requirements of this
article
chapter
, the possession, purchase, sale, transportation and use of hemp and hemp products by any person is allowable without restriction.

11
‑
51
‑
103.

Licensing.

(b)

The application for a license under this section shall include:

(iv)

Authorization for reasonable access by the department for
random
inspections
and verifications
related to production or processing activities
for which a licensee shall be assessed fees under W.S. 11
‑
51
‑
104(a)
; and

(e)

Any person possessing hemp or hemp products only for the purpose of testing THC levels may, but shall not be required to, obtain a license under this
article
chapter
.

11
‑
51
‑
104.

Enforcement; fees; penalties.

(a)

The department shall perform inspections and provide chemical
sampling and
analysis of
a random sample of
production or processing activities by
licensees to determine compliance with this
article
chapter
.
The department may require verification of effective disposal by licensees of hemp or hemp products that contain in excess of three-tenths of one percent (0.3%) THC on a dry weight basis. For any sample, analysis or verification conducted under this subsection, the department shall
assess the licensee fees as established by rule of the department, not to exceed the following:

(i)

Two hundred dollars ($200.00) per sample conducted by the department;

(ii)

Two hundred dollars ($200.00) per analysis conducted by the department;

(iii)

Two hundred fifty dollars ($250.00) for verification of effective disposal of hemp or hemp products that contain in excess of three-tenths of one percent (0.3%) THC on a dry weight basis.

(b)

Any licensee who violates any provision of this
article
chapter
or any regulation promulgated pursuant to this
article
chapter
shall be subject to a corrective action plan. The corrective action plan may include reporting requirements, additional inspections, suspension of a license, steps necessary to restore a license,
or
requirements related to disposal of hemp or hemp products that contain in excess of three
‑
tenths of one percent (0.3%) THC on a dry weight basis
or providing notice of the violation to the licensee's known creditors
. The plan may require rendering THC inaccessible by using hemp or hemp products as a soil amendment material or by destruction of the hemp or hemp product as authorized by rule of the department.

(c)

Any person who intentionally violates this
article
chapter
is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

(d)

If any person has three (3) or more violations of this
article
chapter
or any regulation promulgated pursuant to this
article
chapter
within five (5) years, the department shall revoke the license and the person shall be ineligible for licensure under this article for five (5) years.

11
‑
51
‑
105.

Rules; agreements; research activities.

(a)

The department shall adopt rules necessary to implement the provisions of this
article
chapter
.

11
‑
51
‑
106.

Disposition of fees.

All fees collected under this
article
chapter
shall be deposited with the state treasurer in a separate account which is continuously appropriated to the department for the administration of this
article
chapter
.

11
‑
51
‑
107.

Exception if this chapter is not implemented.

Nothing in this
article
chapter
shall preclude any person from applying for and receiving authorization to produce and process hemp from another authorized entity if the department does not receive authority to do so or is otherwise not implementing this
article
chapter
.

Section 2.

The department of agriculture shall adopt rules necessary to implement this act.

Section 3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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