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-.11 - Violations and Enforcement
Universal Citation: GA Rules and Regs r 40-32-3-.11
Current through Rules and Regulations filed through September 23, 2024
(1) Violations include, but are not limited to, the following:
(a) Processing or handling
hemp or hemp products without a Hemp Processor Permit from the
Department;
(b) Processing or
handling any cannabis that is not hemp;
(c) Processing or handling hemp or hemp
products that exceeds the acceptable hemp THC level;
(d) Processing hemp that was not 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;
(e)
Selling, transferring, shipping, transporting, delivering, distributing, or
otherwise providing hemp or hemp products that exceeds the acceptable hemp THC
level;
(f) Processing or handling
hemp or hemp products at a facility not approved by the Department as part of
the Hemp Processor Permit;
(g)
Allowing unsupervised public access to hemp processing or handling areas,
including storage areas;
(h)
Denying any Department or law enforcement official access for compliance,
sampling, or inspection purposes;
(i) Failure to keep and maintain any records,
documents, or information required by these Rules;
(j) Failure to make any timely report
required by these Rules;
(k)
Failure to comply with any transportation requirement established by these
Rules;
(l) Failure to comply with
any Permittee Restriction;
(m)
Failure to comply with any Processor Permit Term or Condition; and
(n) Failure to comply with, or any violation
of, any other provision of the Georgia Hemp Farming Act or these
Rules.
(2) A violation of the Georgia Hemp Farming Act or these Rules will be subject to enforcement in accordance with the Georgia Hemp Farming Act, these Rules, and other applicable state law.
(3) If the Commissioner determines that a Permittee has violated the Georgia Hemp Farming Act or these Rules with a culpable mental state greater than negligence, the Commissioner will immediately report the Permittee to the United States Attorney General and the Georgia Attorney General.
O.C.G.A. § 2-23-12.
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