Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.19 - Processor or Handler Licensing Agreements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant shall not be a participant
				in the department's program until the conditionally approved applicant and the
				department have executed a processor or handler licensing agreement following
				the applicant's completion of the department's mandatory orientation session.
				Each licensed processor or handler shall be assigned a department license
				number in the form prescribed by ADAI.
(2) The processor or handler licensing
				agreement shall establish additional terms and conditions governing
				participation in the department's program.
(3) The terms and conditions established in
				the processor or handler licensing agreement shall include, at a minimum, the
				following requirements for licensed processor or handler:
(a) Acknowledge that licensed processors or
				handlers are acting as agents of the department and shall comply with
				instructions from representatives of the department and law enforcement
				agencies;
(b) Agree to pay a
				licensing fee in the amount established in these administrative
				rules;
(c) Consent to entry onto,
				and inspection of, all premises where hemp or other cannabis materials are
				located, or licensed to be located, by representatives of the department and
				law enforcement agencies, with or without cause, with or without advance
				notice;
(d) Consent to forfeiture
				and destruction, without compensation, of:
1.
				Material found to have a measured total delta-9-THC content in excess of zero
				and three-tenths (0.3) percent on a dry weight basis;
2. Material located in an area that is not
				licensed by the department; or
3.
				Material not properly accounted for in required reporting to the
				department;
(e)
				Acknowledge that no hemp shall be processed, handled, or stored in any location
				other than the location listed in the processor or handler licensing
				agreement;
(f) Acknowledge that
				licensed processors or handlers shall comply with restrictions established by
				the department limiting the movement of hemp plants and plant parts;
(g) Acknowledge that the risk of financial or
				other loss shall be borne solely by the licensed processor or
				handler;
(h) Agree that any time
				the hemp is in transit, a copy of the processor or handler licensing agreement
				shall be available for inspection upon the request of a representative of the
				department or a law enforcement agency;
(i) Agree to immediately produce a copy of
				the processor or handler licensing agreement for inspection upon request from a
				representative of the department or a law enforcement agency;
(j) Agree to submit reports required by the
				department or USDA on or before the deadlines established by the
				department;
(k) Agree to notify the
				department of any interaction with law enforcement immediately by phone and
				follow-up in writing within three (3) calendar days of the occurrence;
				and
(l) Agree to notify the
				department of any theft of hemp materials.