WSR 18-05-100

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 21, 2018, 11:53 a.m.]

Subject of Possible Rule Making: Chapter 16-305 WAC, Industrial hemp research program, as provided under RCW 15.120.035, the department proposes to adopt rules to impose monetary penalties, license suspension or forfeiture, or other sanctions for violations of chapter 15.120 RCW and the industrial hemp rules at chapters 16-302, 16-303, and 16-305 WAC.

The department is also considering adding rule language to clarify and define industrial hemp program regulations applicable to industrial hemp after processing as a publicly marketable hemp product.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.120.035.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering adding in rule monetary penalties with a penalty matrix to address violations of chapter 15.120 RCW, and the rules adopted for the industrial hemp research program. For licensees, in addition to any technical assistance provided, monetary penalties may be necessary to deter violations. Additionally the department proposes to adopt in rule the interpretation and application of the distinctions between unprocessed industrial hemp and "publically marketable hemp product" as provided under the department's recently filed "Interpretive Statement" (Number CI-18-0001).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department will provide notice of the proposed rules to federal agencies involved with regulating industrial hemp, such as United States Department of Agriculture and Drug Enforcement Agency, and to the state liquor and cannabis board and will consider timely comments for those agencies in the development of the proposed rules.

Process for Developing New Rule: The department will make available through its industrial hemp listserv (https://listserv.wa.gov/cgi-bin/wa?SUBED1=AGR-INDUSTRIAL-HEMP&A=1) and on its web site (https://agr.wa.gov/LawsRules/Rulemaking/default.aspx) opportunities for interested parties to provide input on the subject of this rule making. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jessica Allenton, 1111 Washington Street S.E., Olympia, WA 98504-2560, phone 360-902-18280 [360-902-1828], fax 360-902-2085, TTY 711, email jallenton@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/; or Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902-2663, phone 509-249-6950, fax 509-454-4395, TTY 711, email vshaul@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/.

February 21, 2018

Jason Ferrante

Assistant Director