Publications iconKansas Register

Volume 40 - Issue 40 - October 7, 2021

State of Kansas

State Fire Marshal

Permanent Administrative Regulations

Article 26.—COMMERCIAL INDUSTRIAL HEMP PROCESSING

22-26-1. Definitions. As used in this article of the state fire marshal’s regulations, each of the following terms shall have the meaning specified in this regulation:

(a) “Act” means the commercial industrial hemp act, K.S.A. 2020 Supp. 2-3901 et seq. and amendments thereto.

(b) “Allowable THC content” means the legal level of THC concentration allowed under state and federal law.

(c) “Batch” means a quantity of hemp, by-products, distillate, or seeds acquired on the same date from the same source.

(d) “Batch identification number” means a unique, sequential number that is assigned to each batch and corresponds to a record identifying the source of the material acquired and the date of acquisition.

(e) “By-product” means the spent biomass, after the extraction of cannabinoids, that contains no greater than the allowable THC content.

(f) “CBD” means cannabidiol.

(g) “Certificate of analysis” means a document from the Kansas department of agriculture or an independent testing laboratory stating the results of laboratory testing of a sample of hemp, by-products, distillate, seeds, hemp waste, or hemp products.

(h) “Distillate” means any substance resulting from the extraction of cannabinoids that contains greater than the allowable THC content and is intended for further processing to yield final hemp products and hemp waste.

(i) “Final hemp product” means a hemp product that has no greater than the allowable THC content and is in a form suitable for lawful sale in Kansas.

(j) “Hemp” means industrial hemp.

(k) “Hemp waste” means the materials resulting from hemp processing that contain greater than the allowable THC content and cannot be further processed into a final hemp product.

(l) “KBI” means Kansas bureau of investigation.

(m) “Lot” means the quantity of hemp processed in one operation or in one continuous or semicontinuous process or cycle. A lot could consist of a single batch or batches from multiple producers.

(n) “Premises” means a hemp processing facility, the immediately surrounding areas controlled by a processor, waste receptacles, associated buildings, and parking areas.

(o) “Processor” means a person registered as a hemp processor in Kansas.

(p) “Producer” means a person lawfully engaged in the cultivation or production of industrial hemp for commercial purposes, whether inside or outside Kansas.

(q) “THC concentration” means the combined percentage of tetrahydrocannabinol and its isomers, their salts and acids, and salts of their acids, reported as free THC and measured on a dry-weight basis for any part of the plant Cannabis sativa L. and on a percentage-by-weight basis in distillate, by-products, hemp waste, or other materials resulting from the processing of industrial hemp.

(r) “Treated hemp waste” means hemp waste that has been treated as required by K.S.A. 2020 Supp. 2-3909, and amendments thereto, and this article of the state fire marshal’s regulations to render the hemp waste unusable and unrecognizable. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-2. Hemp processor registration; renewal. (a) No person shall process industrial hemp in Kansas without a valid registration issued by the state fire marshal. Each hemp processor registration shall be nontransferable.

(b) Each individual wanting to register as a hemp processor shall submit an application on a form provided by the state fire marshal.

(c) If the applicant is not an individual, the applicant shall designate one or more individuals to be legally responsible for all activities relating to hemp processing and submit an application on a form provided by the state fire marshal, identifying each designated individual and each owner.

(d) The application shall also include the following:

(1) The street address or a legal description of any premises that will serve as a part of the applicant’s processing operations;

(2) a brief description of the industrial hemp processing methods that will be used, activities that will be undertaken, and final hemp products planned for production;

(3) a policies and procedures manual, as specified in K.A.R. 22-26-5, for approval by the state fire marshal; and

(4) a code footprint meeting the requirements of K.A.R. 22-1-7.

(e) Each applicant shall be fingerprinted and submit to a criminal history record check, and each applicant or processor shall ensure that each employee or owner wanting to engage in the extraction of cannabinoids, the handling or transportation of distillate, or the disposal of hemp waste is fingerprinted and submits to a criminal history record check.

(f) Each registration shall expire annually on June 30. Each renewal application shall be submitted on or before June 1.

(g) The annual registration fees shall be as follows:

(1) $1,000 for each processor that performs the extraction of cannabinoids or processes extracted cannabinoids, or both; and

(2) $500 for each processor that does not perform the extraction of cannabinoids and does not process extracted cannabinoids.

Each fee shall be nonrefundable.

(h) No registration shall be approved for hemp processing activities in or within an area zoned for residential use or within one-quarter mile of any public or private K-12 school or public recreational area, except with the state fire marshal’s written permission.

(i) Acceptance of a hemp processor registration shall constitute a grant of authority by the processor allowing the state fire marshal to provide the registration number, full legal name of the processor, and descriptions of all locations and facilities identified for processing industrial hemp, including any later modifications, to the United States drug enforcement agency, the KBI, the sheriff of the county where the premises are located, and any other law enforcement agency.

(j) A registration issued pursuant to this article of the state fire marshal’s regulations shall not relieve the processor from the responsibility to obtain any other registrations, licenses, or permits required by law.

(k) An application may be denied or refused renewal by the state fire marshal for any lawful reason, including any of the reasons stated in K.A.R. 22-26-3. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-3. Compliance with laws; denial, revocation, or conditioning of a registration; appeals. (a) Each processor shall comply with the act and the implementing regulations and with all local, state, and federal laws, regulations, and ordinances related to industrial hemp, hemp products, and materials containing THC. Each processor shall be responsible for the actions of its employees, contractors, and agents in their performance of any activities relating to the acquisition, possession, sale, distribution, processing, or transportation of hemp, distillate, seeds, and hemp waste.

(b) Each of the following shall constitute a basis for the state fire marshal to deny an initial or renewal application or to impose conditions on a registration or revoke a registration:

(1) Knowingly providing any false, misleading, or incorrect information on the registration application or to the state fire marshal;

(2) failure to provide any information that the state fire marshal requests;

(3) failure to cooperate with the state fire marshal or law enforcement agencies in administration and enforcement of the act and the implementing regulations;

(4) failure to maintain or submit any forms or reports as required;

(5) violation of any provision of the act or the implementing regulations;

(6) revocation of a registration, license, permit, or certificate to practice in the hemp industry by the state fire marshal, the Kansas department of agriculture, the United States department of agriculture, another state, or any Indian nation or U.S. territory within the three years preceding the application date;

(7) any conviction, other than a felony conviction, related to growing, cultivating, processing, or distributing hemp or marijuana within the five years preceding the application date;

(8) failure to ensure that fingerprint-based criminal history record checks are conducted as required by the act and the implementing regulations;

(9) conviction of an individual applicant, or an officer, proprietor, or partner of the applicant entity or an owner of more than a 10 percent interest in the processing operations, within the preceding five years of a felony or Class A misdemeanor violation involving homicide, assault, domestic violence, battery, fraud, theft, or misappropriation of another person’s money or property, or offenses that are substantially similar to these offenses under the laws of another jurisdiction or federal law;

(10) conviction of an individual applicant, or an officer, proprietor, or partner of the applicant entity or an owner of more than a 10 percent interest in the processing operations within the preceding 10 years of a felony involving the unlawful use, possession, or distribution of drugs;

(11) knowingly employing any individual to engage in any activities related to the processing of hemp, distillate, seeds, or hemp waste if the individual has been convicted within the preceding five years of any of the crimes listed in paragraph (9) of this subsection or within the preceding 10 years of any of the crimes listed in paragraph (10) of this subsection; and

(12) failure to submit to the state fire marshal the name and the job title or job responsibilities of each new employee within 14 days of hiring.

(c) If a processor’s Kansas registration is revoked, the person shall not be eligible to apply for a hemp processor registration for three years from the date of revocation. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, and K.S.A. 74-120; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-5. Policies and procedures manual. Each processor shall establish, maintain, and adhere to written policies and procedures for the processing, security, storage, inventory, distribution, and transportation of hemp, distillate, seeds, hemp products, and hemp waste, as defined in K.A.R. 22-26-1. These policies and procedures shall be specified in a manual that includes the following topics:

(a) Ensuring that all of the hemp and distillate in every stage of processing and distribution are used and stored in such a manner as to prevent diversion, theft, or loss and are accessible only to the minimum number of authorized personnel essential for efficient operation;

(b) ensuring that hemp waste is kept in a secure location in such a manner as to prevent diversion, theft, or loss and is accessible only to the minimum number of authorized personnel essential for hemp waste storage and disposal; and

(c) indicating the methods of disposal of hemp waste that will be used. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-6. Processing records. (a) For each lot, each processor shall make a processing record that shall include the following, except as specified in subsection (b):

(1) The date of processing;

(2) the batch identification number of each batch processed in the lot;

(3) the method used for processing and the type and name of any solvent or other compounds used in the processing of the lot;

(4) the weight of the lot processed;

(5) the weight of by-products and of distillate from the lot that are not further processed;

(6) the weight and types of final hemp products; and

(7) the weight of hemp waste from the lot and the method of disposal.

(b)  Any processor may request approval from the state fire marshal to make a processing record composed of data different from the data specified in subsection (a), if necessary to more accurately reflect the processing method used by the processor. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-7. Access to records and property. (a) Acceptance of a hemp processor registration shall constitute a grant of consent to allow the state fire marshal, or designee, complete, unrestricted, and immediate access to the records, premises, motor vehicles on the premises, and motor vehicles used in the transportation of hemp or distillate to determine compliance with the act and the implementing regulations. Access shall be granted at reasonable times, whether the processor is present or not, without interference or obstruction, with or without cause, and with or without advance notice.

(b) Each processor shall sign, and shall require each employee to sign, a form provided by the state fire marshal granting consent for the state fire marshal or designee to search the processor’s or employee’s person, personal effects, or vehicle while on the premises whenever an inventory discrepancy is detected or there is reason to believe that the processor or employee is in possession of hemp, distillate, seeds, or hemp waste for a purpose other than the activities authorized by the act.

(c) If a processor denies the state fire marshal, or designee, the access required by subsection (a), any court of competent jurisdiction may issue a search warrant authorizing access to the records, premises, or motor vehicles, upon application and showing of cause by the state fire marshal. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-8. Facilities; exemptions. (a) Each hemp processing facility shall be inspected by the state fire marshal before the issuance of a hemp processor registration. A hemp processor registration shall be valid only for the facility that was inspected at the time of registration.

Each hemp processing facility and premises shall continue to be subject to inspection by the state fire marshal, pursuant to K.S.A. 31-139 and amendments thereto.

(b) Each processor shall ensure that the hemp processing facility complies with the national codes and standards adopted by the state fire marshal, unless an exemption from a specific requirement is granted by the state fire marshal. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, K.S.A. 2020 Supp. 31-133, and K.S.A. 2020 Supp. 31-136; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-9. Security measures; reportable events; recordkeeping. (a) Each processor shall keep all equipment and areas used for the processing and storage of hemp, distillate, seeds, or hemp waste securely locked and protected from entry by unauthorized individuals.

(b) Each hemp processing facility shall have adequate alarm and video surveillance security systems to prevent and detect diversion, theft, or loss of hemp, distillate, seeds, or hemp waste, including the following:

(1) A perimeter alarm with motion detector providing coverage of all facility entrances and exits, rooms with exterior windows, roof hatches, skylights, and storage rooms; and

(2) a video surveillance system.

(c) The video surveillance system shall have video cameras directed at and recording all areas that are used to contain hemp, distillate, seeds, or hemp waste and all points of entry and exit. These cameras shall be angled to capture a clear and certain identification of any person within view. The date and time shall be embedded on all surveillance recordings without obscuring the picture. The video cameras shall be in operation 24 hours each day and may be set to record upon detection of motion.

(d) Each processor shall make available the video camera recordings for immediate viewing by the state fire marshal or law enforcement upon request.

(e) All alarm and video surveillance systems shall be designed to operate during power outages.

(f) All alarm and video surveillance systems shall be inspected at least annually by the vendors.

(g) Each processor shall immediately notify the state fire marshal of any failure of the security alarm system or surveillance system due to a loss of electrical power or mechanical malfunction and shall describe any corrective measures taken.

(h) Each processor shall maintain the following records:

(1) Surveillance video camera recordings, for at least the preceding 14 days;

(2) annual inspections of the alarm and video surveillance systems, for three years; and

(3) records of any occurrence that is reportable under this regulation, for three years after the occurrence.

(i) Each processor shall immediately notify the state fire marshal of any interaction of the processor, or its employees, contractors, or agents, with law enforcement that is related to participation in the hemp processing industry. This requirement shall also apply to any contact with law enforcement related to a criminal charge or criminal investigation involving any of the offenses listed in K.A.R. 22-26-3(b)(9) or (10) or offenses in another jurisdiction that are substantially similar to the listed offenses. The processor shall provide a written follow-up statement summarizing the interaction and its outcome to the state fire marshal within three calendar days of the interaction. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-10. Acquisition of hemp, by-products, distillate, or seeds for processing. (a) Each processor shall obtain hemp, by-products, distillate, or seeds only from legal sources.

(b) Each processor shall accept hemp, by-products, distillate, or seeds only if the material is accompanied by a harvest certificate, a certificate of analysis, or a similar document and by a signed bill of lading that includes the weight of the material transferred, the date of the transfer, and the following information:

(1) The name, address, and registration, permit, or license number of the producer of the hemp;

(2) the name, address, and registration, permit, or license number of the person from whom the processor acquired the hemp, by-products, distillate, or seeds; and

(3) the name, address, and registration, permit, or license number of any prior processor.

(c) Each processor shall assign a batch identification number to each batch at the time of acquisition.

(d) Each processor shall retain the records required by this regulation for at least three years and shall make the records available to the state fire marshal upon request. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-11. Inventory control; reports. (a) Each processor shall conduct an inventory each processing week and create an inventory report that shall include the locations and weights of each of the following materials:

(1) The hemp, by-products, distillate, seeds, final hemp products, hemp waste, and treated hemp waste on hand at the start of the processing week;

(2) the hemp, by-products, distillate, and seeds received;

(3) the hemp, by-products, distillate, and seeds processed, identified by batch identification numbers;

(4) the final hemp products produced;

(5) the hemp, by-products, seeds, final hemp products, and distillate shipped from the facility;

(6) the hemp waste produced from processing activities;

(7) the hemp waste treated;

(8) the hemp waste disposed of; and

(9) the hemp, by-products, distillate, seeds, final hemp products, hemp waste, and treated hemp waste on hand at the end of the processing week.

(b) Any processor may request approval from the state fire marshal to make an inventory report different from that specified in subsection (a) if necessary to more accurately reflect the processing activities of the processor.

(c) Each processor shall notify the state fire marshal immediately upon discovering any actual or apparent diversion, theft, or loss of any hemp, by-products, distillate, or hemp waste or of any loss or unauthorized alteration of records related to hemp processing or business activities, including inventory, security, employment, and transportation. The processor shall submit to the state fire marshal a signed report detailing the location and circumstances of the event, the type and amount of material involved, and an accurate inventory.

(d) Each processor shall maintain the records required by this regulation for at least three years and make the records available to the state fire marshal upon request. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-12. Disposal of hemp waste. (a) For any hemp waste, as defined in K.A.R. 22-26-1, that is required by K.S.A. 2020 Supp. 2-3909 and amendments thereto to be rendered unusable and unrecognizable, the processor shall incorporate the hemp waste into one or more of the nonconsumable solid waste materials listed below, such that the resulting mixture is less than 50 percent hemp waste:

(1) Paper waste materials;

(2) cardboard waste materials;

(3) food waste materials;

(4) yard waste materials;

(5) soil or other growth media; or

(6) other materials approved by the state fire marshal.

(b) Each processor shall maintain and make available to the state fire marshal upon request a separate record of every disposal. The record shall contain the following:

(1) The date and time of disposal;

(2) the disposal method and procedures followed;

(3) the volume and weight of the approved material used to render the hemp waste unusable;

(4) the reason for disposal;

(5) the volume and weight of hemp waste disposed of and the batch identification number of each batch from which the hemp waste was produced; and

(6) the name, title, and signature of each person involved in the disposal.

(c) Any processor may use any other method approved in writing by the state fire marshal for rendering hemp waste unusable and unrecognizable.

(d) No processor shall allow hemp waste that is required by K.S.A. 2020 Supp. 2-3909, and amendments thereto, to be rendered unusable and unrecognizable to leave the premises before the hemp waste is treated as required in subsections (a) and (c).

(e) Each processor shall dispose of all hazardous waste pursuant to K.S.A. 2020 Supp. 2-3909, and amendments thereto.

(f) Each processor shall retain the records required by this regulation for at least three years. (Authorized by K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, and K.S.A. 2020 Supp. 2-3909; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-13. Transportation. (a) Each processor that sells, trades, barters, gives away, or otherwise transfers any hemp, distillate, by-products, seeds, or final hemp products to any other person shall ensure that the materials are accompanied by the following:

(1) A harvest certificate, a certificate of analysis, or a similar document from the producer; and

(2) a signed bill of lading that includes the following:

(A) The processor’s registration number;

(B) the total weight of hemp, distillate, by-products, seeds, or final hemp products transferred;

(C) the date of the transfer; and

(D) the name and other requested identifiers of the person acquiring the materials.

If the processor received these materials from a prior processor, the processor shall include a signed bill of lading from the prior processor.

(b) No processor, or contractor, employee, or agent of a processor, shall take from the premises or possess any hemp, distillate, unprocessed seeds, or hemp waste unless the individual’s possession is for activities authorized by the act and is in accordance with state and federal law and this article of the state fire marshal’s regulations.

(c) Any individual in possession of hemp, distillate, unprocessed seeds, or hemp waste without a valid hemp producer’s license, a valid processor’s registration, or an appropriate signed bill of lading or a similar document from the producer and any prior processor may be presumed to have gained possession of the material in violation of the act and the implementing regulations.

(d) Each processor shall comply with the act and the implementing regulations and with all local, state, and federal laws, regulations, and ordinances related to the possession and transportation of hemp, distillate, by-products, seeds, hemp products, and hemp waste. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, K.S.A. 2020 Supp. 2-3908, as amended by L. 2021, ch. 76, sec. 6; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-14. Chain of custody for transportation of distillate. (a) No processor shall supply or release distillate to any person or individual in Kansas who does not possess one of the credentials specified in K.S.A. 2020 Supp. 2-3908 and amendments thereto or who is not an employee of a person having one of those credentials, except that, if not otherwise prohibited by state or federal law, any processor may release distillate to an employee of a commercial shipping or delivery company for transport to a licensed hemp producer in Kansas, a registered hemp processor in Kansas, or another lawful recipient.

(b) Each processor shall package all distillate leaving a hemp processing facility in a container that is sealed with tamper-evident tape. The processor shall take a digital photo of the seals on the containers after sealing the containers.

(c) Each sealed container shall be placed in a locked compartment within the transport vehicle or secured in accordance with the policies of a commercial shipping or delivery company. Acceptable compartments shall include a trunk in a car, a locking cargo box in a truck, a safe, and a lockbox.

(d) When distillate leaves a hemp processing facility, the processor shall record the following information on a form provided by the state fire marshal:

(1) Number of containers in the shipment;

(2) batch identification numbers for the distillate in each container;

(3) weight of each container;

(4) date and time of transfer;

(5) delivery address, recipient name, and any other identifying information about the recipient required by the state fire marshal; and

(6) if the transportation is not being performed by a commercial shipping or delivery company, the signature, name, and driver’s license or state-issued identification card number of each individual in the transport vehicle.

(e)(1) If the transportation is not being performed by a commercial shipping or delivery company, a copy of the form specified in subsection (d) shall be retained by the driver and shall be shown to any law enforcement officer upon demand, to demonstrate that the driver is authorized to transport distillate.

(2) If the transportation is being performed by a commercial shipping or delivery company, each processor shall include in the package a copy of the form specified in subsection (d).

(f)(1) If transportation is not being performed by a commercial shipping or delivery company, upon delivery of the distillate, each individual in the transport vehicle shall sign the form; record the date, time, and place of delivery; and record the name and title of the person taking delivery and any other identifying information requested by the state fire marshal.

(2) If transportation is being performed by a commercial shipping or delivery company, each processor shall use a delivery service that provides for delivery restricted to identified recipients, requires a recipient signature at the time of delivery, and provides for delivery confirmation.

(g) The recipient shall record the date and time of delivery, take a digital photo of each seal, and inspect each container and seal for any indication of tampering.

(1) If a container or a seal shows any sign of tampering, the recipient shall take possession of the delivery and shall immediately notify the processor and the state fire marshal.

(2) If the recipient detects no tampering, the recipient shall sign the delivery form acknowledging that each seal and container was intact upon delivery and shall return a copy of the delivery form to the processor by physical or electronic means.

(h) The recipient shall retain the information and photos required by this regulation for three years and shall make the information and photos available to the state fire marshal upon request. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, K.S.A. 2020 Supp. 2-3908, as amended by L. 2021, ch. 76, sec. 6; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

22-26-16. Testing. (a) Each processor shall allow the state fire marshal or designee to inspect and take samples of any hemp, distillate, by-products, seeds, or hemp products on the premises to determine compliance with the act and implementing regulations.

(b) When requested by the state fire marshal, a processor shall provide a representative sample of any material specified in subsection (a) to a testing laboratory acceptable to the state fire marshal.

(c)(1) If testing is done pursuant to subsection (a) or (b), a certificate of analysis from the testing laboratory shall be provided directly to the state fire marshal.

(2) If testing is done at the processor’s request, the processor shall retain a copy of the certificate of analysis for at least three years and shall make this copy available to the state fire marshal upon request. (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Doug Jorgenson
State Fire Marshal

Doc. No. 049486