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 40-32-3 - HEMP PROCESSORS
Rule 40-32-3-.02 - Processor Permit Terms and Conditions

Universal Citation: GA Rules and Regs r 40-32-3-.02

Current through Rules and Regulations filed through September 23, 2024

Each permittee must acknowledge and comply with the terms and conditions governing the hemp processor permit, including the following:

(1) Except as explicitly provided for in this Subject or corrections of typographical errors approved by the Department, no alterations will be allowed to the information associated with any hemp processor permit once approved.

(2) Permittees may only handle hemp and process hemp products at sites listed on the processor permit application or in a subsequent, approved change request.

(3) Permittees must prevent unsupervised public access to storage and processing sites.

(4) Permittees must not store hemp or process hemp products on property owned by, leased from, or previously submitted in a license application by any person who is ineligible for, was terminated from, or was denied participation in the Georgia Hemp Program due to failure to obtain an acceptable criminal background check or for violations of the Georgia Hemp Farming Act or this Chapter.

(5) The permittee must notify the Department, via e-mail to hemp@agr.georgia.gov, of any theft or loss of hemp or hemp products within forty-eight (48) hours of discovery of such theft or loss.

(6) The permittee must report any convictions of a felony related to a State or Federally controlled substance, of itself or any of its key participants, via e-mail to hemp@agr.georgia.gov, within five (5) calendar days of receiving notice of such conviction.

(7) The applicant or permittee must notify the Department in writing within ten (10) calendar days of the following:

(a) A disciplinary proceeding or enforcement action by another government entity that may affect the permittee's business; and

(b) Temporary closures of more than thirty (30) days or permanent closure of any processing or storage facility.

(8) A permittee may also apply for and be issued no more than one hemp grower license. Any person holding both a hemp processor permit and a hemp grower license must comply with applicable rules governing licensees and permittees.

(9) No person will be issued more than one hemp processor permit, nor will any person be permitted to have a beneficial interest in more than one hemp processor permit, regardless of the degree of such interest, as provided in O.C.G.A. § 2-23-6.

(a) Hemp processor permits cannot be sold, assigned, transferred, pledged, or otherwise disposed of, alienated, or encumbered to or by another person, business, individual, or entity.

(10) Permittees must only process hemp at facilities identified in the hemp processor permit application or a change request and must have the legal authority to grant the Department access to any and all such facilities for inspection and sampling.

(11) Permittees must allow and fully cooperate with all required inspections and sampling.

(12) Permittees must maintain all records and information and make all reports within the applicable time frames as required in this Chapter.

(13) Permittees must only accept for processing hemp that was lawfully produced under a State or Tribal hemp plan approved by the USDA, under a hemp license issued by USDA, or under 7 U.S.C. 5940 through the State or territory of the Indian Tribe, as applicable.

(14) Permittees must not handle, process, store, sell, transfer, ship, transport, deliver, distribute, or otherwise provide any non-compliant hemp or non-compliant hemp product that exceeds the total delta-9-THC concentration legal limit. The permittee must ensure that non-compliant hemp or non-compliant hemp products exceeding the total delta-9-THC concentration legal limit do not enter the stream of commerce.

(a) In the event that a tested official sample exceeds the total delta-9-THC concentration legal limit, the Department will require all hemp products in the product lot to be disposed by a reverse distributor without compensation to the permittee.

(15) Permittees must not handle, process, store, sell, transfer, ship, transport, deliver, distribute, or otherwise provide any consumable hemp product that fails to comply with the requirements in Subject 40-32-5 of this Chapter.

(a) In the event that a consumable hemp product fails to comply with any requirement of Subject 40-32-5, the Department will require all hemp products in the product lot to be disposed of in accordance with this Chapter.

(16) The Department will require disposal, without compensation, of hemp discovered at a processing facility for which records are not available to prove that said hemp was received from a hemp grower licensee or from a state or tribe with a plan to regulate hemp production that is approved by the USDA Secretary of Agriculture or otherwise in accordance with regulations promulgated by the USDA. Any hemp comingled with hemp for which such records are not available will also be subject to disposal.

(17) Processors of consumable hemp products providing full panel certificates of analysis via a QR code on consumable hemp product labelling must host and notify the Department of a landing webpage for consumer retrieval of relevant full panel certificates of analysis.

O.C.G.A. §§ 2-2-9; 2-5-1 et seq.; 2-23-1 et seq.

Disclaimer: These regulations may not be the most recent version. Georgia 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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