reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-19 - RULES TO ESTABLISH QUARANTINE AGAINST THE ASIAN CITRUS PSYLLID (ACP) AND CITRUS DISEASES AND OTHER PESTS › Section 80-10-19-.10 - Authority Of Commissioner To Inspect And Seize

Current through Register Vol. 42, No. 9, June 28, 2024
Under the Provisions of
Code of Ala.
				  1975
,
				  2-25-3,
				  the commissioner may, after first being properly identified, stop and inspect,
				  without a warrant, any person or means of conveyance moving into, within or
				  from the state of Alabama upon probable cause to believe that such means of
				  conveyance or articles are infested with any harmful citrus pest or disease,
				  and he is authorized to seize, treat, destroy, or otherwise dispose of articles
				  found to be moving in violation of these rules.
Authors:
Robert J. Russell, Patrick B.
					 Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-19 - RULES TO ESTABLISH QUARANTINE AGAINST THE ASIAN CITRUS PSYLLID (ACP) AND CITRUS DISEASES AND OTHER PESTS › Section 80-10-19-.11 - Violation Of Quarantine

Current through Register Vol. 42, No. 9, June 28, 2024
Any person violating any provisions of this quarantine shall
				  be subject to the penalties imposed under the provisions of
Code of
				  Ala. 1975
, §
									2-25-22.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-19 - RULES TO ESTABLISH QUARANTINE AGAINST THE ASIAN CITRUS PSYLLID (ACP) AND CITRUS DISEASES AND OTHER PESTS › Section 80-10-19-.12 - Commissioner May Waive Quarantine Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner of Agriculture and Industries may, in his
				  discretion, waive any duty, requirement, or any other provision of this
				  quarantine for any time period necessary, if he determines that said waiver
				  would be in the best interests of agriculture, the citrus industry and the
				  citizens of Alabama.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.01 - Determination Of Problem And Establishment Of Quarantine

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It has been determined that the
				destructive insect pest known as the Emerald Ash Borer
(Agrilus
				planipennis)
, an exotic invasive plant pest that is established in
				several other states, has been found in Alabama. This insect can be highly
				destructive to Alabama's ash trees
(Fraxinus
species) and ash
				nursery stock. Therefore, it is in the best interest of Alabama's citizens,
				agriculture, and silviculture that this quarantine be established to limit the
				pest's human-assisted spread within the state.
(2) Due to the above determination, a
				quarantine against the above defined pest is hereby established.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this quarantine and regulations, the
				  following shall be construed respectively to mean:
(1) Ash. The genus
Fraxinus.
(2)
				Commissioner. The Commissioner of the Department of Agriculture and Industries
				of the State of Alabama, or his authorized representatives.
(3) Compliance Agreement. A written agreement
				between a person engaged in growing, harvesting, dealing in, or moving
				regulated articles and the Alabama Department of Agriculture and Industries,
				wherein the former agrees to comply with conditions specified in the agreement
				to prevent the dissemination of the Emerald Ash Borer.
(4) Exemptions. Conditions described herein
				which provide for modifications in conditions of movement of regulated articles
				from regulated areas under specified conditions.
(5) Infestations. The presence of the Emerald
				Ash Borer or the existence of circumstances that make it reasonable to believe
				that the Emerald Ash Borer is present.
(6) Permit. A document issued by the
				commissioner to allow the movement of noncertified regulated articles to a
				specified destination for particular handling, utilization, or processing, or
				for treatment.
(7) Person. Any
				individual, firm, partnership, corporation, association or other legal entity
				or organization.
(8) Moved,
				Movement, Move. Shipped, hauled, transported, deposited for transmission in the
				mail, offered for shipment, received for transportation, carried, otherwise
				transported or moved, or allowed to be moved, by any means whatsoever, by any
				person, directly or indirectly.
(9)
				Pest. The insect known as the Emerald Ash Borer
(Agrilus
				planipennis
[Coleoptera: Buprestidae]) in any stage of development
				(egg, larva, pupa, adult).
(10)
				Regulated Area. Any county, parish, township, city or other civil division or
				part thereof in any state, country, or territory listed in this quarantine as
				being placed under quarantine, and such other areas as may become infested or
				deemed to present a hazard of spread of the Emerald Ash Borer.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.03 - Regulated Articles

Current through Register Vol. 42, No. 9, June 28, 2024
The following pest and articles shall be regulated by this
				  quarantine.
(1) The insect known as
				the Emerald Ash Borer
(Agrilus planipennis
[Coleoptera:
				Buprestidae]) in any stage of development (egg, larva, pupa, adult);
(2) firewood of all hardwood (non-coniferous)
				species;
(3) ash nursery
				stock;
(4) non-heat treated (green)
				ash lumber;
(5) other living, dead,
				cut, or fallen, material of the genus
Fraxinus,
including
				logs, stumps, roots, branches, and composted and uncomposted chips that have
				not been ground to a small enough size to destroy Emerald Ash Borer in any life
				stage, as required by USDA APHIS;
Any other products, articles, or means of conveyance of any
				  character whatsoever, when it is determined by the commissioner that they
				  present a risk of spreading Emerald Ash Borer and the person in possession
				  thereof has been so notified.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.04 - Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				following Counties are designated as regulated areas:
(a) Calhoun County,
(b) Cherokee County,
(c) Cleburne County
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.05 - Movement Of Regulated Articles From Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Regulated articles may be moved from a
				regulated area
only:
(a) if
				moved with a permit that is attached as required by the Commissioner;
				and
(b) if the regulated articles
				originate in an area of Alabama identified by USDA APHIS as having a "no fly"
				period for Emerald Ash Borer,
and only
during the "no fly" period
				of November 1 through March 1. Counties outside of this "no fly" zone do not
				have a period when regulated articles can be moved from a regulated area to a
				non-regulated area.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.06 - Attachment Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
When permits are required, they shall be securely attached to
				  the shipping document that adequately describes the regulated articles being
				  moved.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.07 - Issuance Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
Permits may be issued by the commissioner to allow the
				  movement of regulated articles to locations outside the regulated areas for
				  particular handling, utilization, processing, or for treatment in accordance
				  with approved procedures, provided the commissioner has determined that such
				  movement will not result in the spread of the Emerald Ash Borer.
Permits will remain valid as long as the permit holder
				  maintains a compliance agreement as described in rule
				  80-10-20-.12.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.08 - Movement Of Regulated Articles Within Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
There are no restrictions imposed on the movement of
				  regulated articles solely within regulated areas.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.09 - Disposition Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
In all cases, permits shall be furnished by the carrier to
				  the consignee at the destination of the shipment.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.10 - Waiver By Commissioner

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner, in his discretion, may waive the
				  requirements for movement of regulated articles for experimental or scientific
				  purposes in accordance with specified conditions.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.11 - Compliance Agreements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As a
				condition of issuance of permits for the movement of regulated articles, any
				person engaged in purchasing, assembling, exchanging, handling, processing,
				utilizing, treating, or moving such articles shall be required to sign a
				compliance agreement stip ulating that he will maintain such safeguards against
				the establishment and spread of infestation and subsequent movement of such
				articles, and the cleaning and treatment of means of conveyance and containers
				used in the transportation of such articles as may be required by the
				commissioner. United States Department of Agriculture compliance agreements may
				be utilized to meet the requirements of this rule.
(2) Any compliance agreement may be canceled
				orally or in writing by the Commissioner whenever he d etermines that the
				person who has entered the compliance agreement has failed to comply with this
				quarantine. If the cancellation is oral, the cancellation will become effective
				immediately, and the cancellation and the reasons for the cancellation will be
				confirmed in writing as soon as circumstances permit. Any person whose
				compliance agreement has been cancelled may appeal the decision in writing to
				the Commissioner within 10 days after receiving the written cancellation
				notice. The appeal must state all of the facts and reasons that the person
				wants the Commissioner to consider in deciding the appeal. As soon as
				practicable, the Commissioner will grant or deny the appeal in writing, stating
				the reason for the decision.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.12 - Inspection And Disposal

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner, after displaying proper identification, is
				  authorized to stop and inspect, without a warrant, any person or means of
				  conveyance moving into, within or from the state of Alabama upon probable cause
				  to believe that such means of conveyance or articles are infested with the
				  Emerald Ash Borer or contain regulated articles; and to seize, treat, destroy,
				  or otherwise dispose of, or require the disposal of pest and regulated articles
				  found to be moving in violation of this quarantine.
All costs for treatment, destruction, or disposal of
				  regulated articles and pest shall be borne by the person in possession of the
				  regulated article.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-20 - EMERALD ASH BORER QUARANTINE › Section 80-10-20-.13 - Penalty For Violation

Current through Register Vol. 42, No. 9, June 28, 2024
Any person violating the provisions of this chapter shall be
				  subject to the criminal penalties imposed under the provisions of
Code of Ala. 1975
, §
									2-25-22 and the injunctive
				  provisions of
Code of Ala. 1975
, §
									2-25-19.1.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1, et
					 seq.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
To authorize the Alabama Department of Agriculture &
				  Industries to administer an industrial hemp program and to authorize the
				  production of industrial hemp to be used for the manufacture of industrial hemp
				  products.
Author:
N. Gunter Guy Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-380, et
					 seq.
The amended version of this section by
				  Alabama
				  Administrative Monthly Volume XL, Issue No. 02, November 30,
				  2021, filed 11/10/2021 is
				  not yet available.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.03 - Grower License Application

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who wishes to grow hemp at any
				location in the State shall submit to the department annually a completed
				Grower License Application, incorporated by reference as part of the Grower
				Licensing Application Packet.
(2) A
				person who does not hold a license from the department shall not grow,
				cultivate, handle, store hemp or other cannabis.
(3) A person under the age of eighteen (18)
				years of age shall not apply for or hold a grower license.
(4)
(a)
				Completed Grower License Application forms shall be postmarked or received by
				the department on or before the end of the application period established in
				the application.
(b) Completed
				Grower License Application forms shall be delivered to the Alabama Department
				of Agriculture and Industries as stated in the application package.
(c) The department may deny any Grower
				License Application that fails to meet the deadline established in the
				application.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.05 - Land Use Restriction For Licensed Growers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A licensed grower shall not plant or grow
				any cannabis that is not hemp.
(2)
				A licensed grower shall not plant or grow hemp or other cannabis on any site
				not listed in the grower licensing agreement.
(3) A licensed grower shall not grow hemp or
				other cannabis in any structure that is used for residential
				purposes.
(4) A licensed grower
				shall not handle or store leaf or floral material from hemp or other cannabis
				in any structure that is used for residential purposes.
(5) Hemp shall be physically segregated from
				other crops unless prior approval is obtained in writing from the
				department.
(6) A licensed grower
				shall not plant hemp or other cannabis plants in an outdoor growing location of
				less than one acre and 1,000 plants unless prior approval is received in
				writing from the department.
(7) A
				licensed grower shall not grow hemp or other cannabis in any outdoor field or
				site that is located within 1,000 feet of a school or a public recreational
				area or any location that would cause concern to the public interest without
				prior approval from the department.
(8) An applicant or licensed grower shall not
				include any property on his or her application or Site Modification Form to
				grow or cultivate hemp that is not owned or completely controlled by the
				applicant or licensed grower.
(9) A
				licensed grower shall not grow, handle, or store hemp or other cannabis on
				property owned by, leased from, or previously submitted in a license
				application by any person who is ineligible or was terminated, or denied
				admission to the program for one (1) or both of the following reasons:
(a) Failure to obtain an acceptable criminal
				background check; or
(b) Failure to
				comply with an order from a representative of the
				department.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.07 - Licensing Fees; Participation Fee, Secondary Pre-Harvest Sample Fee, Post-Harvest Retest Fee

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Participation
				fee.
(a) The licensed grower shall pay a
				participation fee.
(b) The
				participation fee for each growing address shall be in the amount established
				in these regulations.
(c)
				Participation fees shall be paid in full prior to the execution of the grower
				licensing agreement in a manner prescribed by the Alabama Department of
				Agriculture and Industries.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.08 - Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At least 10
				business days prior to harvest, each industrial hemp licensee shall file a
				report with the Commissioner that shall include a statement of intended
				disposition of its industrial hemp crop.
(2) Licensees must report any subsequent
				changes to the purchase agreement or disposition statement to the Commissioner
				within 10 business days of the change.
(3) At least 3 business days prior to the
				movement of the industrial hemp grain or plant material from the permitted
				location, the licensee shall submit to the Commissioner an application for
				movement permit. The application shall include the mode and location to which
				the product is to be transported. An inspection of the product may occur prior
				to movement. Out-of-state movement of industrial hemp may occur only by lawful
				passage through states that have authorized the possession and distribution of
				industrial hemp.
(4) Licensees must
				immediately report the theft or loss of industrial hemp to the
				Department.
(5) On forms provided
				by the Department, a licensee must immediately report to the Department:
(a) Changes to the name, address, email, or
				telephone number of the licensee;
(b) Changes in the ownership or structure of
				the entity holding an industrial hemp license;
(c) Changes in location or the addition of a
				field or growing area.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.09 - Inspections And Sampling

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
				licensees are subject to sampling of their industrial hemp crop to verify that
				the THC concentration does not exceed 0.3% on a dry mass basis.
(2) During the inspection, the licensee or
				authorized representative shall be present at the growing area research site,
				storage area, or other building facility. The licensee or authorized
				representative shall provide the Department's inspector with complete and
				unrestricted access to all industrial hemp plants and seeds whether growing or
				harvested, all land buildings, and other structures used for the cultivation
				and storage of industrial hemp, and all documents and records pertaining to the
				licensee's industrial hemp business.
(3) Sampling of industrial hemp plants will
				occur in the following manner:
(a) Samples of
				each variety of industrial hemp may be sampled from the growing area, research
				site, storage area, or building facility at the Commissioner's
				discretion.
(b) Quantitative
				laboratory determination of the THC concentration on a dry mass basis will be
				performed according to protocols approved by the Commissioner.
(c) A sample test result greater than 0.3%
				THC will be considered conclusive evidence that at least one Cannabis plant or
				part of a plant in the growing area, research site, storage area, or building
				facility contains a THC concentration over the limit allowed for industrial
				hemp and that the licensee of that growing area, research site, storage area,
				or building facility is therefore not in compliance with the Act. Upon receipt
				of such a test result, the Commissioner may summarily suspend and revoke the
				registration of an industrial hemp licensee. The Commissioner shall furnish to
				the licensee a portion of the violative sample if the licensee requests it
				within 30 days of notification.
(d)
				After the Department obtains a sample, licensees shall not move any Cannabis
				plant or plant product from the area represented by the sample until the
				Department determines the same tests no higher than 0.3% THC on a dry mass
				basis.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.10 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
Growers shall retain the following records for no less than 5
				  years from the date the record is obtained or generated:
(1) All records relating to information
				supplied in the application for a license;
(2) All records relating to the use and
				disposition of industrial hemp harvested or any plant parts thereof;
(3) All records relating to the storage or
				processing of industrial hemp or any plants parts thereof;
(4) All records relating to the destruction
				of industrial hemp harvested or any plant parts thereof, including but not
				limited to, any affidavits, notifications, and electronic records required by
				this subchapter.
Author:
N. Gunter Guy Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-383.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.11 - Responsibility of a Licensed Grower Prior to Harvest of Hemp Plots

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The department
				may collect samples of any hemp material prior to harvest at any
				time.
(2) A licensed grower shall
				submit a complete and current Harvest/Destruction form to the department
				fourteen (14) calendar days prior to the intended harvest date or intended
				destruction of a failed crop.
(3)
				The department's receipt of a Harvest/Destruction Report shall trigger a sample
				collection by the department.
(4)
				During the department's scheduled sample collection, the grower or an
				authorized representative shall be present at the growing site.
(5) Representatives of the department shall
				be provided with complete and unrestricted access to all hemp and other
				cannabis plants, whether growing or harvested, and all land, buildings, and
				other structures used for the cultivation, handling, and storage of all hemp
				and other cannabis plants; and all locations listed in the grower licensing
				agreement.
(6) The licensed grower
				shall harvest the crop thirty (30) days following the date of sample collection
				by the department, unless specifically authorized in writing by the
				department.
(7) If the licensed
				grower fails to complete harvest within thirty (30) days, the department may
				order a secondary pre-harvest sample of the plot, and the licensed grower shall
				be assessed a secondary pre-harvest sample fee per plot in the amount
				established in these regulations prior to the department collecting the
				sample.
(8) Harvested materials of
				different varieties shall not be commingled with other harvested varieties
				without the release movement form from the department.
(9) Floral materials harvested for
				phytocannabinoid extraction shall not be moved outside the State or beyond a
				processor, nor commingled, nor extracted, until the department releases the
				material in writing.
(10) A
				licensed grower who fails to submit a Harvest/Destruction Form, or who does
				submit a Harvest/ Destruction Form, and proceeds to harvest a crop prior to a
				sample being collected by the department shall be subject to license
				revocation.
Author:
N. Gunter Guy Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-383.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.12 - Collection of Samples; THC Testing; Post-Testing Actions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The hemp to be selected for sampling
				shall be determined by a representative of the department.
(2) The department shall collect and retain
				samples from each plot in accordance with the procedures established by the
				department.
(3) The department
				shall receive, prepare, and release hemp samples in accordance with the
				procedures established by the department.
(4) The department shall measure total
				delta-9-THC concentration of each hemp sample in accordance with the procedures
				established by the department.
(5)
				The department shall undertake post-testing actions in accordance with the
				procedures established by the department.
(6) The method used for sampling from the
				flower material of the cannabis plant must be sufficient at a confidence level
				of 95 percent that no more than one percent (1%) of the plants in the lot would
				exceed the federally defined THC level for hemp. The method used for sampling
				must ensure that a representative sample is collected that represents a
				homogeneous composition of the lot.
(7) All samples shall become the property of
				the department and shall not be returnable. Compensation shall not be owed by
				the department.
(8) If the
				department is not able to provide THC testing services required by these
				regulations, the department may identify and contract with a third-party lab to
				perform THC testing services.
Author:
N. Gunter Guy Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-383.
The
				  amended version of this section by
				  Alabama
				  Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023,
				  filed August 11, 2023 is not yet
				  available.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.13 - Pre-Disqualification Meeting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Growers may
				request a pre-disqualification meeting with the Director of the Industrial Hemp
				Program. Growers may request that employees of the Alabama Department of
				Agriculture & Industries that are directly involved in the action be
				present for the meeting. However, representatives of other entities will not be
				allowed.
(2) The appeal will be
				heard by the Director of the Industrial Hemp Program.
(3) Growers will receive written notice
				acknowledging the request of the meeting within 10 business days.
(4) The meeting may result in:
(a) Disqualification;
(b) Suspension and placed on
				probation;
(c) Sanction lifted with
				the grower being placed on probation; or
(d) Ruled in favor of the grower.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.14 - Administrative Appeal From Denial Of Application

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If no pre-disqualified meeting is
				requested, or if the outcome of the meeting is not satisfactory an applicant
				and wishing to appeal the Department's denial or partial denial of an
				application shall submit a written request for a hearing postmarked within 15
				days of the date of the Department's notification letter or email.
(2) An appealing applicant shall mail a
				hearing request letter to the Alabama Department of Agriculture &
				Industries, Industrial Hemp Program, located at 1445 Federal Drive, Montgomery,
				Alabama 36107-1123.
(3) Notice of
				the time and date of the appeal hearing will be given for preparation of the
				hearing.
(4) The applicant may
				request that the date of the hearing be rescheduled one time.
(5) The hearing will be conducted by an
				impartial hearing officer.
(6)
				Applicants will have an opportunity to confront the person or entity that
				denied their application.
(7) The
				basis of the hearing officer's decision will be delivered to the applicant in
				writing.
(8) If the
				disqualification is substantiated, the applicant will automatically be
				disqualified.
(9) Applicants may
				request a judicial review at their own expense.
Author:
N. Gunter Guy Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-383.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.15 - Other Required Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
				licensed grower shall submit a completed Grower Post Harvest Production Report
				annually, any report required by this regulation and any report required by
				USDA and/or FSA, in the form and manner prescribed or stated.
(2) For at least three (3) years, license
				holders shall maintain and make available for inspection by the department
				during reasonable business hours:
(a) Records
				regarding acquisition of hemp plants;
(b) Records regarding production and handling
				of hemp plants;
(c) Records
				regarding storage of hemp plants; and
(d) Records regarding disposal of all
				cannabis plants that do not meet the definition of hemp.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.16 - Processor or Handler License Application

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who wishes to engage in the
				processing, handling, or storing of hemp at any location in the State shall
				submit to the department annually a complete Processor/Handler License
				Application, incorporated by reference as part of the Processor/Handler License
				Application Packet.
(2) Any person
				who does not hold a license from the department shall not grow, cultivate,
				handle, store or process hemp or other cannabis.
(3) A person under the age of eighteen (18)
				years of age shall not apply for or hold a processor or handler
				license.
(4)
(a) Completed Processor/Handler License
				Application forms shall be postmarked or received by the department on or
				before the end of the application period established in the
				application.
(b) Completed
				Processor/Handler License Application forms shall be delivered to the Alabama
				Department of Agriculture and Industries, as stated in the application
				package.
(c) The department may
				deny any Processor/Handler License Application that is not received by the
				deadline established in the application.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.17 - Application for Processor or Handler Licensing; Criteria and Procedure for Evaluation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				department shall apply the criteria established in paragraphs (a) through (n)
				of this subsection in evaluating applications for a processor or handler
				licensing agreement:
(a) In accordance with
				this administrative regulation, the applicant shall submit a complete
				application with all required components and attachments.
(b) An applicant who has been a program
				participant previously, the applicant shall comply with the responsibility to
				submit any reports required by these regulations.
(c) All involved business entities shall be
				registered and in good standing with the Alabama Secretary of State.
(d) The applicant's processing sites,
				handling sites, and storage sites, shall be located in the State of
				Alabama.
(e) The criminal
				background check report indicates that, within ten (10) years from the date
				when the background check was issued, the applicant shall not have:
1. A felony conviction relating to a
				controlled substance under State or Federal law; provide however, that an
				exception applies to a person who was lawfully growing Hemp under the 2014 Farm
				Bill before December 20, 2018, and whose conviction also occurred before that
				date. If the applicant is an entity, all Key Participants of the entity are
				subject to this requirement.
2. Any
				other felony or misdemeanor conviction which affects the grower's competency to
				hold a license to grow, handle or process hemp.
(f) The processing or handling plan shall be
				compliant with state and federal law.
(g) The applicant's planned activities shall
				remain compliant with state law and the department policy.
(h) The applicant shall have a hemp
				acquisition plan.
(i) The applicant
				shall have a hemp grow plan that is compliant with state and federal
				law.
(j) The applicant shall have
				adequate facilities, or plans to acquire adequate facilities sufficiently soon
				enough, to comply with the issuance of a license.
(k) In the past, including those times when
				the applicant was not a participant in the department's program, the applicant
				shall have demonstrated a willingness to comply with the department's rules,
				instructions from department staff, and instructions from representatives of
				ALEA and other law enforcement agencies.
(l) The applicant shall not be delinquent in
				making any required reports or payments to the department in connection with
				the applicant's participation in the program or other programs within the
				department.
(m) The applicant shall
				not have any unpaid fines or civil penalties owed to the department.
(n) The applicant shall not have made and
				shall not make any false statements or representations to a representative of
				the department or a law enforcement agency.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.23 - Required Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A licensed
				processor or handler shall submit a completed Production Report annually, any
				report required by this regulation, and any report required by USDA or FSA, in
				the manner and form stated.
(2) For
				at least three (3) years, license holders shall maintain and make available for
				inspection by the department during reasonable business hours:
(a) Records regarding acquisition of hemp
				plants;
(b) Records regarding
				production and handling of hemp plants;
(c) Records regarding storage of hemp plants;
				and
(d) Records regarding disposal
				of all cannabis plants that do not meet the definition of hemp.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.27 - Restrictions on Affiliated Projects

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An institution of higher education with a
				project affiliated with the department's program shall not involve any person
				who is ineligible or was terminated, or denied admission to the program for one
				(1) or both of the following reasons:
(a)
				Failure to obtain an acceptable criminal background check; or
(b) Failure to comply with an order from a
				representative of the department.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.31 - Criminal Background Check

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Each licensed grower, processor, handler, university representative or
				applicant shall undergo and pay for an annual criminal background
				check.
(2) A licensed grower,
				processor, handler or applicant shall, following completion of the background
				check, ensure delivery of the report to the department according to application
				instructions.
(3) The department
				shall not accept a report from a criminal background check that is dated more
				than 60 days prior to the application submission date.
(4) Failure to submit the background check by
				the deadline stated in subsection (2) of this section shall be grounds for
				license denial.
(5) Substitution of
				a signing authority shall require approval from the department and the
				submission of a current criminal background check on the signing
				authority.
(6) A license shall not
				be issued unless the criminal background check submitted with the license
				application confirms that all key participants to be covered by the license
				have not been convicted of a felony, under State or Federal law, relating to a
				controlled substance with the past ten (10) years; provided however, that an
				exception applies to a person who was lawfully growing Hemp under the 2014 Farm
				Bill before December 20, 2018, and whose conviction also occurred before that
				date. If the licensee is an entity, all Key Participants of the entity are
				subject to this requirement.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-383.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.34 - Site Modifications and Site Modification Surcharge Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A licensed grower, processor,
				handler or university who elects to grow hemp in a new growing location or
				store or handle at a site other than the sites specified by the GPS coordinates
				listed in the grower licensing agreement, shall submit a Site Modification
				Request Form, as established by these regulations, and obtain written approval
				from a representative of the department, prior to planting or storing at the
				proposed location.
(2) Any request
				for a new growing location shall comply with the land use restrictions
				established in this administrative regulation.
(3) The land or growing structure being
				requested shall not be owned by or leased from any person who was terminated,
				or denied admission to the program for one (1) or both of the following
				reasons:
(a) Failure to obtain an acceptable
				criminal background check; or
(b)
				Failure to comply with an order from a representative of the
				department.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.43 - Schedule of Fees for Growers/Handlers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The fees established in this section
				shall be nonrefundable.
(2) The
				Grower License Application fee shall be $200 for each application.
(3) The annual grower participation fee shall
				be $1000 for each growing location.
(4) The secondary pre-harvest sample fee
				shall be $250 for each sample.
(5)
				The post-harvest retest fee shall be $250 for each sample.
(6) The site modification surcharge fee shall
				be $1000 for each GPS coordinate location change for each growing site after
				the grower licensing agreement has been executed.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-383.
The
				  amended version of this section by
				  Alabama
				  Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023,
				  filed August 11, 2023 is not yet
				  available.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.44 - Schedule of Fees for Processors/Handlers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The fees established in this section
				shall be nonrefundable.
(2) The
				Processor/Handler License Application fee shall be $200 per
				application.
(3) The annual
				participation fee for processing the grain component of hemp shall be
				$1000.
(4) The annual participation
				fee for processing the fiber component of hemp shall be $1000.
(5) The annual participation fee for
				processing the floral material component of hemp (such as CBD) shall be
				$1,000.
(6) The annual
				participation fee for a handler (such as a seed cleaner or laboratory) shall be
				$1000.
(7) The site modification
				surcharge fee shall be $1000 for each GPS coordinate location change for each
				processing site after the processor or handler licensing agreement has been
				executed.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-383.
The
				  amended version of this section by
				  Alabama
				  Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023,
				  filed August 11, 2023 is not yet
				  available.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.45 - Schedule of Fees for Eligible Institutions of Higher Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The fees
				established in this section shall be nonrefundable.
(2) The Institute of Higher Education
				Application fee shall be $200 per application.
(3) The annual participation fee shall be
				$500 for the initial growing location and $200 for each additional growing
				location.
(4) The site modification
				surcharge fee shall be $500 for each GPS coordination location change for each
				growing site after the licensing agreement has been executed.
(5) Sampling and THC testing shall be $200
				for each sample.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of
					 Ala.1975
, §
											2-8-383.
The
				  amended version of this section by
				  Alabama
				  Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023,
				  filed August 11, 2023 is not yet
				  available.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.48 - Corrective Action Plans for Negligent Violations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to being subject to the
				license suspension, license revocation, and monetary civil penalty procedures,
				a person who is found by the Department to have negligently violated any
				statute or administrative regulation governing that person's participation in
				the hemp program shall be subject to a corrective action plan at the discretion
				of the Department.
(2) The
				Department may impose a corrective action plan for a negligent violation of any
				statute or administrative regulation governing a person's participation in the
				hemp program, including without limitation:
(a) Failing to disclose, or provide required
				information about, a site where hemp is being grown, processed, or
				stored:
(b) Failing to obtain a
				necessary license from the department or a necessary authorization from a state
				or federal agency; and
(c)
				Producing hemp or other cannabis with a total delta-9-THC concentration of more
				than 1.0 percent on a dry weight basis.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.50 - Department To Submit Growing Locations And Grower Licensee Information To United States Secretary Of Agriculture

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Not more than thirty (30) days after
				receiving and compiling the following information, the Department shall provide
				it to the United States Secretary of Agriculture or the Secretary's designee:
(a) the licensed grower's name;
(b) the licensed grower's telephone number,
				email address, residential address, mailing address, or another form of contact
				information;
(c) the Location ID
				for each field, facility, or other place where hemp is licensed to be grown;
				and
(d) an indication whether the
				person's license is currently in good standing.
(e) any other information required by USDA
				pursuant to the USDA Domestic Hemp Production program.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.52 - Incorporation by Reference

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				following material is incorporated by reference:
(a) Procedures for Sampling, THC Testing, and
				Post-Testing Actions, December 14, 2017, edition;
(b) Procedures for Measuring Delta 9 THC
				Content in Industrial Hemp by Gas Chromatography with Flame Ionization
				Detection, August 1, 2017, edition; and
(c) Procedures for Receiving, Preparing and
				Releasing Hemp Samples,