Ohio Admin. Code 901:14-2-02 - Processing license
(A)
No person shall process hemp without a hemp processing
license issued by the department.
(B)
Hemp processing
licenses are valid for a period of three years provided that the licensee is
compliant with Chapter 928. of the Revised Code and this
chapter.
(C)
Hemp processing licenses shall be renewed every three
years by complying with the rules of this paragraph, including obtaining the
required background check(s) as outlined in rule 901:14-2-05 of the Administrative Code.
(D)
The department may only issue a hemp processing license
if the applicant has:
(1)
Submitted a complete application as outlined in rule 901:14-2-03 of the Administrative Code;
(2)
Submitted both
the application fee, if during the first year of licensure, and the annual
license fee as outlined in rule 901:14-2-04 of the Administrative Code;
(3)
Completed the required background check(s) as outlined
in rule 901:14-2-05 of the Administrative Code and the applicant and no key participant of the business entity has, within the last ten years, plead guilty to or been convicted of a disqualify offense.
(4)
Successfully
passed the initial facility inspection performed by the department to determine
that the facility is in compliance with Chapter 928. of the Revised Code and
this chapter.
(E)
Prior to years two and three of the license period,
licensees shall remit the annual license fee to the department.
(F)
Any licensee or
key participant in the business entity who, during the time of licensure,
pleads guilty to or is convicted of a disqualifying offense shall have their
license revoked or suspended by the department if the licensee or key
participant is not removed from the entity within thirty days from the date of
plea or conviction.
(G)
A processing license is valid only for the individual
or business entity, and the key participants in the business entity, for which
it is issued. A processing license may only be transferred or assigned
if:
(1)
The
licensee notifies the department in writing of the proposed transfer or key
participant change;
(2)
The licensee ensures that the background checks as
outlined in rule 901:14-2-05 of the Administrative Code have been completed;
and
(3)
The licensee can demonstrate that the licensee will
remain in compliance with this chapter.
(H)
A processing
license is valid only for the facility which was inspected at the time of
original licensure.
(I)
The following are not required to obtain a processing
license under this chapter:
(1)
A university who has been specifically authorized by
the director to process hemp for research purposes.
(2)
Any person who is
a subordinate employee or immediate family member of the licensed processor so
long as these individuals are acting under the instructions and control of the
licensed processor within the licensed facility. Any actions taken by these
individuals shall be the responsibility of the licensed
processor.
Notes
Promulgated Under: 119.03
Statutory Authority: 928.03
Rule Amplifies: 928.02, 928.04
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