(1) Any person desiring to process and handle
hemp in Georgia must submit a complete and accurate Hemp Processor Permit
Application online at the Department's website, agr.georgia.gov.
(2) Any person processing or intending to
process hemp must have a valid Hemp Processor Permit prior to receiving,
processing, handling, or storing hemp. A valid permit means the permit has been
issued and is unexpired, unsuspended, and unrevoked.
(3) As part of the Hemp Processor Permit
Application, each applicant must submit to the Department the following:
(a) An annual Hemp Processor Permit fee of
$25,000.00;
(b) A surety bond in
compliance with the requirements for Permittee surety bonds set forth
herein;
(c) Information regarding
the applicant's business including, but not limited to:
1. Legal business name or trade
name;
2. Business structure
type;
3. Address of the principal
business location;
4. Primary
contact information;
5. Current
Certificate of Existence obtained through the Georgia Secretary of State's
Office;
(i) If applicant is an entity formed
in a foreign jurisdiction, including a different State, it must submit an
equivalent certificate of existence from its home jurisdiction, as well as a
Georgia Certificate of Authority to conduct business.
6. Employer Identification Number (EIN);
and
7. Name, title, and current
primary contact information, including telephone number and email address, for
each owner, key participant, and person holding a beneficial interest in the
Hemp Processor Permit for which an application is being made.
(d) A legal description, obtained
from the relevant county courthouse property records, for property on which
each processing or handling facility is located;
(e) An attestation that the applicant owns or
has legal permission to process, handle, or store hemp on property listed on
the application.
1. For purposes of satisfying
this requirement, sufficient ownership of property or legal permission to
process, handle, or store hemp on property includes property specifically
deeded or leased to the respective applicant, whether an individual or entity,
use of which will not be in violation of local zoning or other real estate
ordinances.
(f) An
attestation that property to be used for the processing, handling, or storage
of hemp is not used for residential purposes.
(g) GPS coordinates provided in decimal of
degrees and taken at the approximate entrance of each facility;
(h) The approximate dimension or square feet
of each facility;
(i) An aerial map
or photograph of the processing facilities showing clear boundaries of each
facility;
(j) Information
sufficient for locating hemp storage facilities including, but not limited to:
1. A legal description, obtained from the
relevant county courthouse property records, for property on which each storage
facility is located;
2. GPS
coordinates provided in decimal of degrees and taken at the approximate
entrance of each storage facility;
3. The approximate dimension or square feet
of each storage facility; and
4. An
aerial map or photograph that clearly shows the boundaries and dimensions of
each storage facility.
(k) A description of all hemp products to be
produced as well as an estimate of the volume of each such product projected to
be produced;
(l) A statement of the
intended end use and/or disposal plan for all parts of hemp plants and hemp
material received for processing;
(m) Written consent, allowing representatives
of the Department, the Georgia Bureau of Investigation, and other affected
state and local law enforcement agencies to enter all premises where hemp is
being processed or handled for the purpose of conducting physical inspections
and ensuring compliance with the requirements of the Georgia Hemp Farming Act
and these Rules;
(n) An
acknowledgment of the Processor Permit Terms and Conditions; and
(o) Any other information, disclosure, or
documents required to be submitted by Georgia or Federal law or
regulation.
(4) Hemp
Processor Permits will be issued on January 1 of each year, or otherwise when
approved by the Department.
(5)
After the first full calendar year of holding a Hemp Processor Permit, a
Permittee will be entitled to an automatic permit renewal annually upon timely
submission of a permit fee of $25,000.00 per year as well as annual criminal
background checks, so long as no administrative action has been taken by the
Department against the Permittee and provided the information in the Permit
application is unchanged.
(a) Renewal fees
and annual criminal background checks dated within 60 days prior to the
submission date must be submitted by December 1 of each year. Permits will
expire on December 31 of each year if renewal fees are not timely submitted as
required hereunder.
(b) A Permittee
that begins, but does not finalize, the renewal of its Hemp Processor Permit
within 60 days of January 1 of a given year, must subsequently complete a full
application as if applying for the first time.
(6) Upon receipt of an otherwise complete
application for a Processor Permit, the Department will conduct a criminal
background check and obtain a federal criminal history report for the applicant
or, if the applicant is a business entity, all key participants, as outlined
below:
(a) At least one set of classifiable
electronically recorded fingerprints of the individual applicant or, if the
applicant is a business entity, one set of classifiable electronically recorded
fingerprints of each key participant must be submitted to the Department in
accordance with the fingerprint system of identification established by the
director of the Federal Bureau of Investigation.
(b) The Department will transmit the
applicant's fingerprints to the Georgia Crime Information Center, which will
submit the fingerprints to the Federal Bureau of Investigation for a search of
Bureau records and generation of an appropriate report, and the Georgia Crime
Information Center will promptly conduct a search of state records based upon
the fingerprints.
(c) After
receiving the reports from the Georgia Crime Information Center and the Federal
Bureau of Investigation, the Department will review the record for all
individuals or key participants, as applicable.
(7) A Permittee may request select changes to
a Hemp Processor Permit. To request a change to a Hemp Processor Permit, the
Permittee must, at least ten (10) calendar days prior to making the change,
provide written notice of the proposed change to the Department via e-mail to
hemp@agr.georgia.gov, or submit the proposed changes on the Department's
website used to administer Hemp Processor Permits. Changes to a Hemp Processor
Permit in accordance with such written notice and updated information will be
valid only upon the Department's approval. No such change will exempt a
Permittee from compliance with all requirements of a Hemp Processor Permit,
including acceptable background checks for all key participants.
Licensees may request changes to the following:
(a) The information originally submitted in
Permittee's Hemp Processor Permit application in satisfaction of Rules
40-32-3-.01(3)(c), (d), (g), (h), (j) and
(k).
1.
Permittees will be limited to a maximum of three (3) changes per permit year
made in accordance with this Rule
40-32-3-.01(8)(a).
(b) Prior to any change in a Permittee's key
participants, the Permittee must submit a proposed change to the Hemp Processor
Permit reflecting the change of key participant. The Department will conduct a
background check on new key participants in accordance with Rule
40-32-3-.01(7).
(8) Any person who materially falsifies any
information contained in an application for a Hemp Processor Permit will be
ineligible to receive a Hemp Processor Permit or otherwise participate in the
Georgia Hemp Program.
