(a) A person may request the certification or approval of a hemp seed for a particular variety by submitting a completed form prescribed by the Department.

(b) A person requesting for the certification or approval of hemp seed for a particular variety shall provide the following information to the Department:

(1) name of kind and variety;

(2) a statement concerning the variety's origin, and the breeding procedure used, in its development including evidence on stability (evidence on stability must include any field test reports and sample test results demonstrating the hemp seed was used to grow hemp plants which tested within the acceptable hemp THC Level);

(3) a completed objective form for the crop as provided by the Department Seed Quality Program, if such form is available. The completed objective description form as provided by the U.S. Plant Variety Protection Office may be used in lieu of the Texas form;

(4) a statement delineating the geographic area or areas of adaptation of the variety; and

(5) such other information as may be requested by the Department which may include but is not limited to: (A) special characteristics of the seed and of the plant as it passes through the seedling stage and flowering stage; and (B) other evidence of performance of the variety (date, graphs, charts, pictures, etc.) supporting the identity of the variety, if known. If statements or claims are made concerning performance characteristics, such as yield, tolerance to insects or diseases, or lodging, there must be evidence to support such statements. Statistical analysis of data is encouraged.

(c) The Department may gather the information described in this section to conduct research and analysis to determine the quality and viability of hemp seed varieties for approval by the Department. The Department may partner with Texas A&M University or a State of Texas institution of higher education to conduct research and analysis pertaining to hemp seed varieties.

(d) The Department may revoke a hemp seed variety certification or approval if it determines that the hemp seed variety does not meet the standards described in this section.

Source Note: The provisions of this §24.48 adopted to be effective March 11, 2020, 45 TexReg 1655