Yunnan Province, Planting And Processing Industrial Hemp Licensing Provisions

Original Language Title: 云南省工业大麻种植加工许可规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256419.shtml

Yunnan province, planting and processing industrial hemp licensing provisions

    (September 21, 2009, Yunnan Provincial people's Government Executive meeting of the 30th October 22, 2009, 156th promulgated by the people's Government of Yunnan province as of January 1, 2010) first in order to strengthen the supervision and management of industrial hemp cultivation and processing, according to the Yunnan provincial drug Ordinance (hereinafter referred to as the regulations) mandate, with the actual situation, these provisions are formulated.

    Industrial hemp referred to in these provisions in article, refers to the THC content of less than 0.3% (dry matter weight percentage) extraction of cannabis plant and its products.

    Mosaic processing industrial hemp extract THC content than 0.3% products, application of drug control laws and regulations.

    Article in within the administrative area of the province engaged in industrial hemp cultivation, processing units or individuals shall be in accordance with the Ordinance and these regulations, obtain licences for cultivation permits, industrial hemp industrial hemp processing.

    Units or individuals of violations of drug laws and regulations and shall not engage in the cultivation of industrial hemp, processing. Fourth industrial hemp cultivation include the cultivation of scientific research, seed planting, industrial materials, horticulture cultivation and folklore for personal use cultivation.

    Scientific research industrial hemp cultivation, breeding plant, raw materials for the plant through a licensing system by law; horticultural cultivation of industrial hemp, grown folk use to implement filing system. Processing includes mosaic processing industrial hemp, kenaf stalk, hemp seed processing.

    Mosaic processing industrial hemp law through a licensing system.

    Without permission and no unit or individual is allowed to engage in scientific research industrial hemp cultivation, seed cultivation, industrial raw materials and processing industrial hemp mosaic.

    Grown folk use applies only to minority areas or farmers in the remote mountainous areas of self-produced industrial hemp cultivation.

    Fifth public security authorities at or above the county level shall be responsible for growing industrial hemp licences, industrial hemp processing license approvals issued and supervision and administration.

    Sixth application for cultivation of industrial hemp cultivation licenses to engage in scientific research, subject to the following conditions:

    (A) the cultivation of scientific research project;

    (B) 3 or more scientific cultivation of professional and technical personnel;

    (C) THC testing equipment and test personnel;

    (D) industrial hemp seed storage facilities;

    (E) testing, storage, accounting and other management systems.

    Article seventh application for cultivation of industrial hemp cultivation licenses to engage in scientific research, to the provincial public security authorities should submit the following documents:

    (A) the cultivation of industrial hemp license application form;

    (B) the project certificate issued by the competent authorities or the authorities at cultivation of scientific research project approval documents;

    (C) the business license or registration certificate;

    (D) the cultivation of professional and technical personnel of scientific research and testing personnel qualification;

    (E) the list of test equipment, storage facilities and photos;

    (F) testing, storage, accounting and other management systems text.

    Article eighth application for cultivation of industrial hemp licences in seed planting, shall satisfy the following conditions:

    (A) legally registered breeding varieties of industrial hemp;

    (B) not less than 1 million yuan of registered capital or start-up funds;

    (C) there are 3 or more involved in reproduction and cultivation of professional and technical personnel;

    (D) THC testing equipment and test personnel;

    (E) industrial hemp seed storage facilities;

    (Vi) location 3 kilometers with no non-industrial hemp plant;

    (G) testing, storage, accounting and other management systems.

    Nineth application for cultivation of industrial hemp licences involved in reproduction and cultivation, to the provincial public security authorities should submit the following documents:

    (A) the cultivation of industrial hemp license application form;

    (B) the certificate of registration industrial hemp varieties;

    (C) the business license or registration certificate;

    (D) the reproduction and cultivation of professional and technical personnel and personnel qualifications;

    (E) the list of test equipment, storage facilities and photos;

    (F) testing, storage, accounting and other management systems text.

    Article tenth of the raw materials for the application for cultivation of industrial hemp licences to engage in cultivation, shall satisfy the following conditions:

    (A) by licensed industrial hemp seed seed plant units or individuals;

    (B) planting area of not less than 100 acres;

    (C) planting area and Scenic Highway 1 km away;

    (D) account management system.

    11th of the raw materials for the application for cultivation of industrial hemp licences to engage in cultivation, should submit the following materials to the plant in County-level public security organs:

    (A) the cultivation of industrial hemp license application form;

    (B) the business license or registration certificate;

    (C) licensed seed planted a seed supply contract or individual;

    (D) the agreement or the land use certificate of planting;

    (E) the product range and production and sales of annual planting plans;

    (F) the accounting management system of text.

    12th application for a processing permit industrial hemp industrial hemp mosaic process, subject to the following conditions:

    (A) not less than 20 million yuan of registered capital or to the institutions to prepare pharmaceutical, food, chemical products and scientific research institutions;

    (B) source of raw materials, use of raw materials, product category, product processing projects;

    (C) specialized detection equipment and storage and processing facilities and sites;

    (D) detection, storage, accounting and other management systems.

    Apply article 13th for processing industrial hemp licences, shall submit the following materials to the processing of county-level public security organs:

    (A) processing industrial hemp licence application forms;

    (B) the business license or registration certificate;

    (C) detection equipment, storage and processing facilities list and photo processing sites the use of supporting documents;

    (D) the sources of raw materials, use of raw materials, product type, product processing plan text;

    (E) testing, storage, accounting and other management systems text. 14th public security organs shall accept industrial hemp cultivation, processing within 15th date of the application for leave to make a licensing decision.

    Make a decision on granting license shall be issued the appropriate license in the 5th; made no decision, and shall inform the applicant in writing and state the reasons.

    Plant licensing, industrial hemp industrial hemp processing shall be indicated on the permit planting, processing and transportation, product type, and so on. 15th grown industrial hemp licensing and processing industrial hemp licence is valid for 2 years.

    Expiration date needs continuity, shall make a licensing decision expires 30th to apply to the public security organ; the public security organ shall make a decision on whether to approve the extension before the expiry of the validity period.

    16th section engaged in the cultivation of industrial hemp licensee shall establish a growing account, specify the following particulars:

    (A) the location, area and date;

    (B) the variety name, source, amount;

    (C) planting species, harvest date and number of the product;

    (D) the storage, sale, transport;

    (E) other important matters.

    Flower and leaf processing of industrial hemp licensee shall establish a process account, specify the following particulars:

    (A) the raw materials sources and test reports;

    (B) the date of production assortment, quantity, technology,;

    (C) flower and leaf residues and its personnel;

    (D) transport and movements of products;

    (E) other important matters.

    Plant accounting, process accounting shall be kept at least 3 years and subject to police verification.

    17th Licensee engages in scientific research industrial hemp cultivation, breeding of varieties should be safety testing to ensure it meets the standards, and prevent loss of THC higher than 0.3% of cannabis material, diffusion; discovering loss, diffusion, should report to public security organs in a timely manner.

    Licensee engaged in the cultivation of industrial hemp seed should be planted in seed during safety inspection, and meet the criteria for breeding seeds using specific identification; eradication of cultivation to non-industrial hemp plants up to 3 km around; unable to eradicate, it shall report to public security organs, organized by the public security organ eradicated.

    Industrial raw materials cultivation of industrial hemp licensee shall promptly destroy unused mosaic, and according to the provisions of the preceding paragraph the eradication of non-industrial hemp, or report to public security organs.

    Licensee engaged in the cultivation of industrial hemp, industrial hemp mosaic may not be provided to the approval process is not obtained by units or individuals.

    Flower and leaf processing of industrial hemp licensee, shall be imposed on the flower and leaf extracts of raw materials and warehouse storage, personal storage, separate account records, to dispose of processing residues, preventing the loss of mosaic and the residues found lost shall report to public security organs in a timely manner.

    18th scientific cultivation of industrial hemp licensee, written report on the public security organ shall be made to the licensing decision project research. Flower and leaf processing of industrial hemp licensee, and every six months to make licensing decisions of public security organs should be written report processing, storage, management, and technology transfer.

    Involving trade secrets, the public security organ shall be kept confidential.

    19th the public security organs shall take the following measures, the licensee engaged in industrial hemp cultivation, processing, supervise and inspect the activities of:

    (A) staff to investigate and learn about industrial hemp cultivation and processing;

    (B) inspect the industrial hemp cultivation, processing and storage sites;

    (C) access to, copies of or excerpts from the contract, account books, accounting, warehouse receipts, bills of lading and test reports and other relevant materials;

    (D) the extraction and detection on samples, products.

    Public security authorities in the supervision and inspection found violations, can legally detain the material and goods, provisional seizure-related sites.
Article 20th industrial hemp cultivation, processing of licensee in violation of these provisions, any of the following circumstances, the public security organ shall order correction within, may be fined a maximum of 3000 Yuan and 30,000 yuan; it fails to, temporary suspension or revocation of their licenses according to law:

    (A) the implementation of the management system;

    (B) does not provide for the establishment and documented account;

    (C) without eradication of non-industrial hemp plants planted within 3 kilometers;

    (D) did not report 0.3% marijuana THC higher than material losses, dispersion;

    (V) does not report a planting project establishment of research or technology transfer;

    (Vi) does not require the use of seeds;

    (VII) not required to dispose of unused mosaic or mosaic processing residues;

    (H) is not specified by the permit type, transport of industrial hemp seeds, hemp seeds, flowers, leaves and refining of raw materials;

    (I) the mosaic available to the lack of processing industrial hemp licensing entities or individuals;

    (10) refused to accept the supervision and inspection of the public security departments.

    Article 21st unauthorized industrial hemp cultivation, processing, the public security organs shall take measures to stop, may be fined a maximum of 5000 Yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    Farmer folk use of the cultivation of industrial hemp sales for others to use, the public security organ shall order rectification can be fined a maximum of 1000 Yuan. 22nd Industrial folk use cannabis gardening or planting shall be made to the plant in County-level public security organ for the record.

    Accept the filing of a public security organ may refer to supervise the article 19th.

    Engaged in gardening or folk use industrial hemp cultivation is not filed pursuant to the provisions of, the public security organ shall order rectification can be fined a maximum of 500 Yuan. 23rd these provisions come into force on January 1, 2010.