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-.12 - Violations and Enforcement
Universal Citation: GA Rules and Regs r 40-32-2-.12
Current through Rules and Regulations filed through September 23, 2024
(1) A hemp grower licensee violates the Georgia Hemp Farming Act when failing to comply with any provision of the Georgia Hemp Farming Act or the applicable requirements set forth in this Chapter.
(2) A violation of the Georgia Hemp Farming Act or this Chapter by a hemp grower licensee will be subject to enforcement in accordance with O.C.G.A. § 2-23-10.
(a) In the event the Department determines
that a hemp grower licensee has negligently violated the Georgia Hemp Farming
Act or this Chapter, then the Department will issue a corrective action plan to
the hemp grower licensee.
1. The corrective
action plan will include, but may not be limited to:
(i) A reasonable date by which the hemp
grower licensee must correct the negligent violation, which may include
disposal or remediation of hemp in accordance with this Chapter; and
(ii) A requirement that the hemp grower
licensee must periodically report to the Commissioner on the compliance status
of the hemp grower licensee with the corrective action plan for a period of not
less than two (2) years after the violation.
2. Hemp grower licensees do not commit a
negligent violation if they make reasonable efforts to grow hemp and the tested
cannabis does not have a total delta-9-THC concentration of more than 1.0
percent on a dry weight basis.
3.
The Department will monitor and conduct any and all inspections necessary to
determine if the Corrective Action Plan has been implemented as
required.
(b) If the
Commissioner determines that a hemp grower licensee has violated the Georgia
Hemp Farming Act or this Chapter with a culpable mental state greater than
negligence, the Commissioner will immediately report the hemp grower licensee
to the United States Attorney General and the Georgia Attorney General, and
such violations will be subject to enforcement in accordance with applicable
law.
O.C.G.A. §§ 2-2-9; 2-5-1 et seq.; 2-23-1 et seq.
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