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-.06 - Disposal of Non-Compliant Hemp Products
Universal Citation: GA Rules and Regs r 40-32-3-.06
Current through Rules and Regulations filed through September 23, 2024
(1) Disposal of Non-Compliant Hemp Products.
(a) Non-compliant hemp products exceeding the
total delta-9-THC concentration legal limit constitute marijuana, a controlled
substance under Georgia and Federal law.
(b) Non-compliant hemp products exceeding the
total delta-9-THC concentration legal limit must be disposed of in accordance
with the CSA and DEA regulations found at
21 CFR
1317.15 by a reverse distributor.
(c) The permittee must immediately notify the
Department via email to hemp@agr.georgia.gov any time analytical testing
determines that non-compliant hemp products exceed the total delta-9-THC
concentration legal limit.
(d) Upon
notice and confirmation that a non-compliant hemp product has exceeded the
total delta-9-THC concentration legal limit, the Department will issue an Order
of Disposal requiring all non-compliant hemp products in the same product lot
to be disposed within a reasonable time to be determined by the
Department.
(e) The permittee will
be responsible for arranging disposal.
(f) The permittee will be responsible for all
costs and fees associated with the disposal of cannabis exceeding the total
delta-9-THC concentration legal limit. No compensation will be owed by the
Department to the permittee for any such disposal.
(g) Non-compliant hemp products subject to
disposal must not be removed from the permitted facility or from any other area
where such hemp is being processed, handled, or stored, other than transport to
a reverse distributor or in the course of another acceptable disposal
method.
(h) Within 14 days of the
date of completion of disposal, the processor must submit a "Disposal Report"
form to the Department, which must contain the following information:
1. Name and address of the
permittee;
2. Georgia processor
permit number;
3. Information on
the reverse distributor agent handling the disposal, or other method of
disposal;
4. Date of completion of
disposal;
5. Signature of the
permittee; and
6. Reverse
distributor or other disposal agent certification of completion of the
disposal.
(2) Disposal of Non-Compliant Hemp Products Not Exceeding the Total Delta-9-THC Concentration Legal Limit. Consumable hemp products that fail to comply with the requirements in Subject 40-32-5, other than the total delta-9-THC concentration legal limit, shall be disposed of in any manner provided in this Chapter.
O.C.G.A. §§ 2-2-9; 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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