Alabama Administrative Code
Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES
MARKETING
Chapter 80-10-21 - INDUSTRIAL HEMP
Section 80-10-21-.04 - Application for Grower Licensing Agreement; Criteria and Procedure for Evaluation
Universal Citation: AL Admin Code R 80-10-21-.04
Current through Register Vol. 43, No. 02, November 27, 2024
(1) The department shall apply the criteria established in paragraphs (a) through (m) of this subsection in evaluating an application for the grower license.
(a) In accordance with Section 3 of this
administrative regulation, the applicant shall submit a complete application
with all required components and attachments.
(b) The applicant shall comply with the
responsibility to submit:
1. Hemp Grow Plan
Outdoor Report and Hemp Grow Plan Greenhouse/Indoor Report, incorporated by
reference;
2. Harvest/Destruction
Report, incorporated by reference;
3. Post-Harvest Production reports,
incorporated by reference; and
4.
Any other reports deemed necessary by the department to which the applicant has
agreed.
(c) The
applicant's growing sites, handling sites, storage sites, and primary residence
shall be located in the State of Alabama.
(d) The applicant shall affirm that the
applicant resides in Alabama at the primary residence or within 50 miles of at
least one of the applicant's Alabama grow sites listed on the Grower License
Application form.
(e) The criminal
background check report indicates that, within ten (10) years from the date
when the background check was issued, the applicant or any key participant
shall not have:
1. A felony conviction
related to a controlled substance under State or Federal law; provided however,
that an exception applies to a person who was lawfully growing Hemp under the
2014 Farm Bill before December 20, 2018, and whose conviction also occurred
before that date. If the applicant is an entity, all Key Participants of the
entity are subject to this requirement.
2. Any other felony or misdemeanor conviction
which affects the grower's competency to hold a license to grow, handle or
process hemp.
(g) The
research or grow plan shall be compliant with state and federal law.
(h) The applicant shall have a seed or
propagule acquisition form.
(i) In
the past, including those times when the applicant was not a participant in the
department's program, the applicant shall have demonstrated a willingness to
comply with the department's rules, instructions from department staff, and
instructions from representatives of ALEA and other law enforcement
agencies.
(j) The applicant shall
not be delinquent in making any required reports or payments to the department
in connection with the applicant's participation in the program or other
programs within the department.
(k)
The applicant shall not have any unpaid fines or civil penalties owed to the
department.
1. The applicant shall not make
any false statements or representations to a representative of the department
or a law enforcement agency.
2. The
department may conditionally approve an application for a grower licensing
agreement if the application satisfies the criteria established in this
administrative regulation.
3. The
department may approve an applicant to grow an acreage or square footage that
is equal to, greater than, or less than the acreage or square footage stated in
the application.
4. The department
shall notify applicants by letter or email whether the application has been
denied or conditionally approved. A person shall not be a participant in the
department's program until the applicant and the department have executed a
grower licensing agreement following the applicant's completion of the
department's mandatory orientation session as required by this administrative
regulation.
Author: N. Gunter Guy Jr.
Statutory Authority: Code of Ala. 1975, § 2-8-383.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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