Rules & Regulations of the State of Tennessee
Title 0080 - Department of Agriculture
Subtitle 0080-06 - Plant Certification
Chapter 0080-06-28 - HEMP
Section 0080-06-28-.03 - LICENSE APPLICATION AND FEES

Universal Citation: TN Comp Rules and Regs 0080-06-28-.03

Current through September 24, 2024

(1) A hemp license is required to possess rooted hemp and is issued to each person for each physical address where the person grows or possesses rooted hemp.

(2) Application for a license shall be made on forms provided by the department, which shall be completed in full and shall include:

(a) Name of applicant;

(b) Date of birth of any key participant;

(c) Proof of one of the following for any applicant that is not an individual or a general partnership:
1. Applicant's registration in its state of incorporation; or,

2. Applicant's business license issued by a local governmental authority;

(d) Contact information for applicant, to include name of key participants, telephone number, email address, and address of the principal place of business;

(e) Address of the location to be licensed for growth of hemp and description of all growing areas at the location, including total number of growing acres and Global Positioning System (GPS) coordinates from the areas' central most points; and

(f) Criminal history report for key participants in the form of the Federal Bureau of Investigation's Identity History Summary.

(g) Other information as required by the department.

(3) Licensees shall notify the department of any changes to contact information of an application within 30 days after the change takes place.

(4) The department will not refund fees for early termination of any license issued under this chapter.

(5) Licenses issued under this chapter are not transferable from person to person or location to location.

(6) The annual fee for a hemp producer license is assessed under T.C.A. § 43-1-703(f) and is determined according to the total size of growing area(s) at the licensed address:

(a) Less than 5 acres: Tier 6 fee;

(b) 5 acres to 20 acres: Tier 7 fee;

(c) More than 20 acres: Tier 8 fee.

(7) The annual fee for a hemp broker license is assessed under T.C.A. § 43-1-703(f) and is a Tier 7 fee.

(8) The annual fee for a hemp propagator license is assessed under T.C.A. § 43-1-703(f) and is a Tier 7 fee.

(9) The annual fee for any combination of a hemp producer, broker, or propagator license is a single fee equal to the highest amount of the license for which the applicant requests.

(10) License applicants shall submit an application and license fee to the department on or before July 1 of each year. The annual license fee shall be waived for any institute of higher education that offers programs of study in agricultural sciences seeking licensure for a growing area on university property. Licenses expire on June 30 following their issuance.

(11) The department may deny any application for licensure that is not completed in accordance with this rule.

(12) Any person who materially falsifies any information in their application shall be ineligible to participate in the program.

(13) A person convicted of any drug-related felony offense in any state or federal jurisdiction within the previous ten (10) years shall not participate in the program or grow hemp for ten (10) years from the date of the conviction. An exception applies to a person who was lawfully growing hemp under section 7606 of the Agricultural Act of 2014 ( 7 U.S.C. 5940) before December 20, 2018, and whose conviction also occurred before that date.

Authority: T.C.A. §§ 4-3-203, 43-26-103, 43-26-103(e), and 43-27-104.

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