Ga. Comp. R. & Regs. R. 40-32-3-.02 - Processor Permit Terms and Conditions
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.
Notes
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