Compilation of Rules and Regulations of the State of Georgia
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE
Chapter 40-32 - HEMP GROWERS AND PROCESSORS
Subject 40-32-2 - HEMP GROWERS
Rule 40-32-2-.10 - Recordkeeping and Reporting Requirements
Universal Citation: GA Rules and Regs r 40-32-2-.10
Current through Rules and Regulations filed through September 23, 2024
(1) Licensee Recordkeeping and Reporting
(a) Hemp grower
licensees must maintain records of all hemp plants acquired, produced, handled,
or disposed of or remediated as will substantiate all reports required for
submission to USDA by the Department.
(b) All records must be made available for
inspection by the Department during reasonable business hours. Such records
must include, but are not limited to, the following:
1. Records regarding acquisition of
hemp;
2. Records regarding all
written agreements between hemp grower licensees and permittees, or out of
state processors, governing their business relationship;
3. Records regarding production and handling
of hemp;
4. Records regarding hemp
sampling and testing analyses;
5.
Records regarding storage of hemp;
6. Records regarding the transfer,
remediation, and disposal of hemp; and
7. Records regarding remediation or disposal
of all cannabis plants exceeding the total delta-9-THC concentration legal
limit.
(c) Planting
Report
1. Each hemp grower licensee must
submit a planting report to the Department within 30 days of planting a lot of
hemp. The planting report must be submitted through the Department's website
used for administering licenses, and will include the following information for
each lot of hemp planted:
(i) Street address
and geospatial location of each lot, covered growing facility, or site where
hemp will be produced;
(ii) Total
acreage or square footage of hemp planted;
(iii) Varietal or cultivar of hemp
planted;
(iv) Planting
date;
(v) Intended end use of the
hemp planted (i.e., - seed, fiber, food, or cannabinoids);
(vi) Expected harvest date; and
(vii) Source of propagative material (i.e., -
from where the hemp grower licensee obtained its seeds, cuttings, clones, or
seedlings).
2. The
Department may, but is not required to, aggregate Planting Report data and
prepare a report of plantings on an anonymized basis. No hemp grower licensee
may receive a copy of the Department's report unless that hemp grower licensee
submitted a Planting Report for each of its planted lots.
(d) Annual Report
1. Each hemp grower licensee must submit an
annual report to the Department. The report form must be submitted by November
30 of each year and contain the following information:
(i) Hemp grower licensee's name;
(ii) Hemp grower licensee's
address;
(iii) Hemp grower license
number;
(iv) Street address and
geospatial location of each lot, covered growing facility, or site where hemp
will be produced;
(v) Acreage
dedicated to the production of hemp, or covered growing facility square footage
dedicated to the production of hemp; and
(vi) Total acreage of hemp planted,
harvested, remediated and disposed.
2. The Department will report all information
collected in the Annual Report to AMS as required by USDA.
(e) Reporting to FSA Required
1. All hemp grower licensees must report hemp
crop acreage with FSA and must provide, at minimum, the following information
to FSA:
(i) Hemp crop acreage;
(ii) Total acreage of hemp planted,
harvested, remediated and disposed;
(iii) Hemp grower license number;
(iv) Street address;
(v) Geospatial location of each lot, covered
growing facility, or site where hemp will be produced. All locations where hemp
is produced must be reported to FSA; and
(vi) Acreage of covered growing facility
square footage dedicated to the production of hemp.
(f) All records and reports must
be kept and maintained by the hemp grower licensee for not less than three
calendar years and in a manner such that they can be readily provided to the
Department upon request.
(2) Department Recordkeeping and Reporting
(a) The Department will maintain all relevant
records and information regarding hemp grower licensees and land on which hemp
is produced in Georgia, including a legal description of the land, for a period
of not less than three calendar years.
(b) The Department will collect, maintain,
and report to USDA via fax, certified mail, email, or other method deemed
acceptable by USDA the following contact and real-time information for each
hemp grower licensee in Georgia:
1. The
contact information of each hemp grower licensee collected pursuant to GA.
Comp. R. & Reg. r.
40-32-2-.01.
2. A legal description of the land on which
hemp is grown including its geospatial location; and
3. The status of licensed hemp growers (and
any changes) and hemp grower license number.
(c) By the first of each month, and not more
than thirty (30) days after receipt, the Department will provide the following
information to the United States Secretary of Agriculture or the Secretary's
designee in a format that is compatible with USDA's Information Sharing System
whenever possible. If the first of the month falls on a weekend or holiday, the
report will be submitted by the first business day following the due date:
1. Hemp Grower Report, which will contain the
following:
(i) For each new hemp grower
licensee who is an individual and is licensed under the Georgia Hemp Plan, the
report will include the full name of the individual; hemp grower license
number; business address; telephone number; email address (if available); the
legal description of the land on which the hemp grower licensee will produce
hemp including, to the extent practicable, its geospatial location; and the
scope of activity authorized;
(ii)
For each new hemp grower licensee that is an entity and is licensed under the
Georgia Hemp Plan, the report will include the full name of the entity; the
principal business location address; EIN number; hemp grower license number;
the full name, title, and email address (if available) of each person for whom
the entity is required to submit a criminal history record report; the legal
description of the land on which the hemp grower licensee will produce hemp
including, to the extent practicable, its geospatial location; and the scope of
activity authorized;
(iii) For each
hemp grower licensee that was included in a previous report and whose reported
information has changed, the report will include the previously reported
information and the new information;
(iv) The status of each hemp grower's
license;
(v) The period covered by
the report; and
(vi) Indication
that there were no changes during the current reporting cycle, if
applicable.
2. Hemp
Disposal or Remediation Report, which will contain the following:
(i) Name and contact information of the hemp
grower licensee;
(ii) Hemp grower
license number;
(iii) Location
information, such as lot number, location type, and geospatial location or
other location descriptor for the production area subject to
disposal;
(iv) A copy of the
respective test results;
(v)
Information on the agent handling the disposal, as applicable;
(vi) Disposal or remediation completion date;
and
(vii) Total acreage disposed or
remediated.
(d)
Annual Report
1. The Department will submit
an annual report to USDA. The report form will be submitted by December 15 of
each year and contain the following information:
(i) Total planted acreage;
(ii) Total harvested acreage; and
(iii) Total acreage disposed and
remediated.
(e)
Test Results Report
1. The Department will
promptly notify USDA by certified mail or electronically of any occurrence of
cannabis plants or plant material that do not meet the definition of hemp and
will attach copies of analytical test results as well as records demonstrating
appropriate disposal of all of those plants and materials in the lot from which
the representative samples were taken.
O.C.G.A. §§ 2-2-9; 2-23-1 et seq.
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