reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-2 - PROVISIONS APPLICABLE TO INDUSTRIAL BY-PRODUCT DERIVED SOIL AMENDMENTS › Rule 40-31-2-.04 - Supplemental Restrictions and Prohibitions

Current through Rules and Regulations filed through June 27, 2024
(1) Registrants must ensure that no person
				other than the registrant or a product control contractor distributes, stores,
				transports, or applies the registrant's IBD soil amendment. Each registrant
				shall be deemed responsible for any distribution, storage, transport, or
				application of its registered soil amendment in violation of this Rule. Each
				calendar day where this restriction is violated will be considered a separate
				violation.
(2) Registrants, either
				through the registrant's own action or through the action of a product control
				contractor, and product control contractors, must:
(a) Ensure all IBD soil amendments are
				screened to remove visible plastics or other visible inorganic material prior
				to environmental contact. Any IBD soil amendment containing visible plastics or
				inorganic material will be deemed adulterated;
(b) Ensure that all IBD soil amendments are
				applied in accordance with the applicable Nutrient Management Plan;
(c) Store all IBD soil amendments in
				containment vessels marked with the Registrant's name and phone number in
				bold-print letters, not less than twelve inches in height, and displayed on a
				contrasting background. If a containment vessel is incapable of being marked,
				detached signage may be used that otherwise meets the criteria of this
				subsection; and
(d) Maintain the
				following buffers:
1. A buffer of 100 feet
				must be maintained between any well and an area on which an IBD soil amendment
				is applied;
2. A buffer of 150 feet
				must be maintained between any sinkhole, as defined in O.C.G.A. §
											12-4-142(5), and
				an area on which an IBD soil amendment is applied;
3. A buffer of 100 feet must be maintained
				between any property line and an area on which an IBD soil amendment is
				applied. The 100-foot buffer may be reduced if the current owner of the
				adjacent property provides a written waiver consenting to the IBD soil
				amendment application being closer than 100 feet to the adjoining property
				line;
4. A buffer of 100 feet must
				be maintained between any water of the State and an area on which an IBD soil
				amendment is applied; and
5. A
				buffer of 300 feet must be maintained between any inhabited dwelling and an
				area on which an IBD soil amendment is applied unless such dwelling is located
				on the landowner's property. The 300-foot buffer may be reduced if the current
				owner of a dwelling provides a written waiver consenting to the IBD soil
				amendment application being closer than 300 feet.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-2 - PROVISIONS APPLICABLE TO INDUSTRIAL BY-PRODUCT DERIVED SOIL AMENDMENTS › Rule 40-31-2-.05 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) Each person who distributes an IBD soil
				amendment, whether directly or through a product control contractor, must
				maintain records of each distribution. Each distribution record must be
				maintained for one year and must be made available to the Commissioner or the
				Commissioner's designated agent upon request. Each IBD soil amendment
				distribution record must include the following:
(a) Distributed product name;
(b) Quantity distributed in either tons or
				gallons;
(c) Date and time of
				distribution;
(d) Name and contact
				information of the distributor, whether the registrant or a product control
				contractor; and
(e) Name and
				contact information of the landowner receiving distribution of the soil
				amendment, if different from the product control contractor.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-2 - PROVISIONS APPLICABLE TO INDUSTRIAL BY-PRODUCT DERIVED SOIL AMENDMENTS › Rule 40-31-2-.06 - Elemental Concentration Limits

Current through Rules and Regulations filed through June 27, 2024
(1) Registrants and product control
				contractors must ensure that IBD soil amendments they distribute, transport,
				store, or apply comply with the following elemental ceiling concentration
				limits:
Element
Ceiling Concentration (mg/kg)
(dry weight basis)
Arsenic
75
Cadmium
85
Copper
4300
Lead
840
Mercury
57
Molybdenum
75
Nickel
420
Selenium
100
Zinc
7500
(2)
				Registrants and product control contractors must ensure that IBD soil
				amendments they distribute, transport, store, or apply to agricultural land or
				sites likely to result in contact with the public comply with the following
				monthly average elemental concentration limits:
Element
Monthly Average Concentrations (mg/kg)
(dry weight basis)
Arsenic
41
Cadmium
39
Copper
1500
Lead
300
Mercury
17
Nickel
420
Selenium
100
Zinc
2800
(3)
				If the elemental concentration limits in Ga. Comp. R. and Regs. r.
				40-31-2-.06(2)
				cannot be met where IBD soil amendments are applied to agricultural land or
				sites likely to result in contact with the public, registrants and product
				control contractors must instead ensure that IBD soil amendments they
				distribute, transport, store, or apply to agricultural land or sites likely to
				result in contact with the public comply with the following annual elemental
				loading rates:
Element
Annual Elemental Loading Rate (lbs/acre)
Arsenic
1.8
Cadmium
1.7
Copper
67
Lead
13
Mercury
0.76
Nickel
19
Selenium
4.5
Zinc
125
O.C.G.A. §
											2-12-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-3 - NUTRIENT MANAGEMENT PLANS › Rule 40-31-3-.01 - Nutrient Management Plan Required

Current through Rules and Regulations filed through June 27, 2024
(1) The registrant, the registrant's product
				control contractor, and the landowner, as applicable, must ensure a nutrient
				management plan is procured for each site where an IBD soil amendment will be
				applied, and must ensure the nutrient management plan is amended as required.
(a) No registrant or product control
				contractor may apply an IBD soil amendment to a site until forty-eight hours
				after a nutrient management plan is obtained for the site.
(b) The registrant, the registrant's product
				control contractor, and the landowner, as applicable, must each ensure the
				nutrient management plan for a site is submitted to the Commissioner prior to
				application at that site.
(c)
				Registrants, product control contractors, and landowners distributing,
				transporting, storing, or applying IBD soil amendments registered prior to the
				adoption of this Subject must achieve compliance with this Subject within
				ninety days of its effective date.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-3 - NUTRIENT MANAGEMENT PLANS › Rule 40-31-3-.02 - Nutrient Management Plan Components

Current through Rules and Regulations filed through June 27, 2024
(1) Each NMP must include at least the
				following, substantially in the form of NMP published by the Department:
(a) A description of the property, including
				the property's address;
(b) Maps
				required in this Subject, in color;
(c) Information regarding the soils of the
				application site;
(d) Information
				regarding agricultural operations at the site, including crops, animal
				husbandry, and related yield goals;
(e) Nitrogen and phosphorous application
				rates for the crops to be grown on each application area based on published
				literature for crops in Georgia;
(f) Required practices to maintain a pH
				within the optimum range for crop production, between 6.0 to 7.5, including by
				supplementally applying liming, gypsum, or other materials, during the period
				when a registrant's product is being applied at a site;
(g) Maximum hydraulic loading rates in inches
				per hour or gallons per hour and the maximum total hydraulic loading amount per
				application for IBD soil amendments applied by subsurface injection;
(h) Information outlining the required timing
				and method of IBD soil amendment application;
1. NMPs will specify that IBD soil amendments
				with greater than or equal to 85% moisture content be applied via subsurface
				injection.
2. NMPs will specify
				that IBD soil amendments with less than 85% moisture content be applied by
				topical application followed by incorporation into the soil within 6 hours of
				application.
(i) A
				current representative analysis of the IBD soil amendments prior to land
				application;
(j) Best management
				practices to protect human health and the environment; and
(k) If the application site was not
				previously covered by a NMP, a certified statement by the landowner detailing
				the product registration numbers, area of application, and dates of application
				of IBD soil amendments received during the past six months.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-3 - NUTRIENT MANAGEMENT PLANS › Rule 40-31-3-.03 - Maps

Current through Rules and Regulations filed through June 27, 2024
(1) An NMP must include at least the
				following maps, in color:
(a) An aerial map
				of the site delineating areas where soil amendments will be applied, which
				includes:
1. The total acreage of the site
				and the total acreage of the area to which a soil amendment will be applied;
				and
2. The GPS coordinates or
				latitude and longitude of the centroid of proposed application
				fields.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-3 - NUTRIENT MANAGEMENT PLANS › Rule 40-31-3-.04 - Soils Information

Current through Rules and Regulations filed through June 27, 2024
(1) Each NMP must include crop and soils
				information. Natural Resources Conservation Service soils surveys must be used
				to identify the soil series.
(2)
				Each NMP must include a soils survey map with the application fields clearly
				delineated and soils series descriptions including texture, permeability,
				slope, drainage, depth to seasonal high-water table, and erodibility.
(3) The pH of the soil in each proposed
				application field within a site must be based upon a composite sample of all
				soil types found in proposed application field.
O.C.G.A. §
											2-12-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-3 - NUTRIENT MANAGEMENT PLANS › Rule 40-31-3-.05 - Soil Amendment Analysis

Current through Rules and Regulations filed through June 27, 2024
(1) Each NMP must include a current
				representative analysis of each IBD soil amendment intended for application at
				the site analyzed in the NMP.
(2)
				Each current representative analysis included in a NMP must include the
				following:
(a) Ammonia as N, %
(b) Total Kjeldahl Nitrogen, %
(c) Total Nitrogen, %
(d) Nitrate as N, %
(e) % Volatile Solids
(f) % Total Solids
(g) pH, standard units
(h) Total Phosphorus as P, %
(i) Total Potassium as K, %
(j) Arsenic, mg/kg
(k) Cadmium, mg/kg
(l) Copper, mg/kg
(m) Lead, mg/kg
(n) Mercury, mg/kg
(o) Molybdenum, mg/kg
(p) Nickel, mg/kg
(q) Selenium, mg/kg
(r) Zinc, mg/kg
(s) Aluminum, mg/kg
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-3 - NUTRIENT MANAGEMENT PLANS › Rule 40-31-3-.06 - Material Identification and Application Method

Current through Rules and Regulations filed through June 27, 2024
(1) Each NMP must provide the registration
				number of each soil amendment under the NMP.
(2) Each NMP must specify the method of
				application for each soil amendment under the NMP, and include a detailed
				description of all operational procedures.
O.C.G.A. §
											2-12-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-3 - NUTRIENT MANAGEMENT PLANS › Rule 40-31-3-.07 - Additional Monitoring Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Upon written request by the Commissioner,
				a landowner must collect and analyze soil, surface water, groundwater, stored
				soil amendment, or other samples in a manner and frequency specified by the
				Department.
(2) Upon written
				request by the Commissioner, a landowner must perform or contract for ambient
				monitoring of surface water or groundwater.
O.C.G.A. §
											2-12-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-1 - GENERAL PROVISIONS › Rule 40-32-1-.01 - Authority and Purpose of Rules

Current through Rules and Regulations filed through June 27, 2024
Pursuant to the authority vested in the Georgia Department of
				  Agriculture under the Georgia Hemp Farming Act, O.C.G.A. §
									2-23-1 et. seq., the purpose of
				  these Rules is to establish the standards, practices, procedures, and
				  requirements for growing and processing hemp in Georgia.
O.C.G.A. §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-1 - GENERAL PROVISIONS › Rule 40-32-1-.03 - Compliance with Federal Law

Current through Rules and Regulations filed through June 27, 2024
Nothing in these Rules will be construed as authorizing any
				  person to violate any Federal law or regulation.
O.C.G.A. §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-1 - GENERAL PROVISIONS › Rule 40-32-1-.04 - Georgia Hemp Plan - Incorporation by Reference

Current through Rules and Regulations filed through June 27, 2024
Pursuant to the requirements of O.C.G.A. §
									2-23-11, the Georgia Department of
				  Agriculture, in consultation with the Governor and Attorney General, has
				  submitted to the Secretary of Agriculture of the United States a plan under
				  which the Department intends to regulate hemp production in Georgia. Upon
				  approval of the Georgia Hemp Plan, or an amended plan, by the Secretary of
				  Agriculture, such plan will be deemed incorporated into these Rules by
				  reference. The approved plan will be posted on the Department's website at
				  agr.georgia.gov.
O.C.G.A. §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-1 - GENERAL PROVISIONS › Rule 40-32-1-.05 - Consultation with the Georgia Bureau of Investigation

Current through Rules and Regulations filed through June 27, 2024
Pursuant to the requirements of O.C.G.A. §
									2-23-12, these Rules, which are
				  necessary to implement the provisions of the Georgia Hemp Farming Act, have
				  been developed in consultation with the Georgia Bureau of
				  Investigation.
O.C.G.A. §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-1 - GENERAL PROVISIONS › Rule 40-32-1-.06 - Severability

Current through Rules and Regulations filed through June 27, 2024
If any provision of these Rules or the application thereof to
				  any person or circumstance is held invalid for any reason, the invalidity shall
				  not affect the other provisions or any other application of these Rules which
				  can be given effect without the invalid provisions or application. To this end
				  all provisions of these sections are declared to be
				  severable.
O.C.G.A. §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.01 - Application for Hemp Grower License

Current through Rules and Regulations filed through June 27, 2024
(1) Any person desiring to cultivate and
				handle hemp in Georgia must submit a complete and accurate Hemp Grower License
				Application online at the Department's website, agr.georgia.gov.
(2) Any person producing or intending to
				produce hemp must have a valid Hemp Grower License prior to receiving,
				producing, cultivating, handling, or storing hemp. A valid license means that
				the license has been issued and is unexpired, unsuspended, and
				unrevoked.
(3) As part of the Hemp
				Grower License Application, each applicant must submit to the Department the
				following:
(a) An annual Hemp Grower License
				fee of $50.00 per acre cultivated up to a maximum application fee of $5,000.00;
1. The applicant must provide the maximum
				total acres of hemp intended to be cultivated in fields during the relevant
				licensing period.
2. Applicants
				cultivating hemp in covered growing facilities must identify the maximum number
				and size, in square footage, of covered growing facilities intended to be used
				for cultivation during the relevant licensing period.
3. The license fee will not be prorated for
				fractions of acres. Fractional acreage will be rounded up to the next whole
				number for fee calculation purposes.
4. Each covered growing facility in which
				hemp is cultivated will be considered a separate acre for fee calculation
				purposes. Acreage calculations for each covered growing facility will be
				determined on a 43,560 square-foot basis.
5. Any Licensee who cultivates more acreage
				than is listed on the Hemp Grower License Application will be deemed to have
				violated their Hemp Grower License and will be subject to enforcement under the
				Georgia Hemp Farming Act and these Rules.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.02 - Grower License Terms and Conditions

Current through Rules and Regulations filed through June 27, 2024
Each Licensee must acknowledge and agree to the terms and
				  conditions governing the Hemp Grower License which include, but are not limited
				  to, the following:
(1) Except as
				explicitly provided for in these Rules or corrections of typographical errors
				approved by the Department, no alterations will be allowed to any Hemp Grower
				License or to any Grow Site once approved.
(2) The Licensee must notify the Department,
				via e-mail to hemp@agr.georgia.gov, of any theft or loss of hemp or hemp
				materials, whether growing or not, within forty-eight (48) hours of the
				discovery of such theft or loss.
(3) The Licensee must report any felony
				convictions or misdemeanor convictions, of itself or any of its key
				participants, relating to controlled substances under Georgia law or under
				Federal law to the Department, via e-mail to hemp@agr.georgia.gov, within five
				(5) calendar days of receiving notice of such conviction.
(4) The Licensee must notify the Department,
				via e-mail to hemp@agr.georgia.gov, within ten (10) calendar days of the
				following:
(a) A disciplinary proceeding or
				enforcement action by another government entity that may affect the Licensee's
				business; and
(a) Temporary
				closures of more than thirty (30) calendar days or permanent closure of any
				Grow Site or storage facility.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.03 - Grower Sampling Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Within 30 days prior to the anticipated
				harvest of any lot of cannabis plants, the Licensee must have a
				Department-approved sampling agent collect samples from cannabis plants in the
				lot for total delta-9 tetrahydrocannabinol concentration level testing.
(a) Notwithstanding any other requirement in
				these Rules, the following sampling procedures apply to a lot of hemp that is
				never allowed to flower and that is grown solely to produce cuttings for sale
				to other licensed growers for propagation:
1.
				If an official sample taken from such a lot yields an acceptable hemp THC
				level, the official sample will be deemed sufficient and representative of all
				additional harvests of cuttings from the same lot within 30 days of the
				original sample.
2. Cuttings
				harvested from such a lot more than 30 days after the original sample will
				require an additional sample, which if yielding an acceptable THC level, will
				be deemed sufficient and representative of all additional harvests of cuttings
				from the same lot within 30 days of that subsequent
				sample.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.04 - Grower Laboratory Testing Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Standard testing procedures are specified
				for samples taken in accordance with the sampling procedures for the Georgia
				Hemp Program to measure the total delta-9 tetrahydrocannabinol (THC)
				concentration levels of those samples on a dry weight basis.
(2) Analytical testing for purposes of
				detecting the concentration levels of total delta-9 tetrahydrocannabinol (THC)
				must be conducted and reported by a laboratory registered with DEA to handle
				controlled substances under the Controlled Substances Act (CSA), 21 CFR part
				1301.13.
(3) Analytical testing for
				purposes of detecting the concentration levels of total delta-9
				tetrahydrocannabinol (THC) must be conducted in accordance with the USDA's most
				current
Laboratory Testing Guidelines, U.S. Domestic Hemp Production
				Program,
which will be made available on the Department's website at
				agr.georgia.gov. Such testing must meet the following standards:
(a) Laboratory quality assurance must ensure
				the validity and reliability of test results;
(b) Analytical method selection, validation,
				and verification must ensure that the testing method used is appropriate (fit
				for purpose) and that the laboratory can successfully perform the
				testing;
(c) The demonstration of
				testing validity must ensure consistent, accurate analytical
				performance;
(d) Method performance
				specifications must ensure analytical tests are sufficiently sensitive for the
				purposes of the detectability requirements of this Rule;
(e) Implement effective disposal procedures
				for non-compliant samples that do not meet the acceptable hemp THC level;
				and
(f) Sample preparation of pre-
				or post-harvest samples shall require grinding of the sample to ensure
				homogeneity prior to testing.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.05 - Grower Responsibilities and Restrictions

Current through Rules and Regulations filed through June 27, 2024
(1) The Licensee must harvest the lot not
				more than thirty (30) days following the date of sample collection. The day the
				Department-approved sampling agent collects a sample serves as the first of the
				30 days allowable to complete harvest of the sampled lot. If an additional
				sample is collected by the Department-approved sampling agent in connection
				with a demand for additional pre-harvest testing by a Grower, the day such
				additional sample is collected will serve as the first of the 30 days allowable
				to complete harvest of the sampled lot.
(2) If the Licensee fails to complete harvest
				within thirty (30) days of sample collection, a new pre-harvest sample of the
				lot will be required to be submitted for testing.
(3) Harvested lots of hemp plants must not be
				commingled with other harvested lots or other material without prior written
				permission from the Department.
(4)
				Only lots that meet the acceptable hemp THC level may enter the stream of
				commerce.
(5) A Licensee may demand
				one additional pre-harvest test of a lot if it is believed that the original
				total delta-9 tetrahydrocannabinol concentration level test results were in
				error. Additional pre-harvest testing must be conducted at the same laboratory
				that originally tested the lot sample.
(a)
				Additional pre-harvest testing may use the original sample, provided sufficient
				sample material remains, or an additional sample from the lot collected by a
				Department-approved sampling agent.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.06 - Disposal or Remediation of Non-Compliant Cannabis

Current through Rules and Regulations filed through June 27, 2024
(1) Cannabis exceeding the acceptable hemp
				THC level constitutes marijuana, a schedule I controlled substance under
				Georgia law and federal law.
(2)
				Licensees must either arrange for a Reverse Distributor to dispose of
				non-compliant cannabis or ensure the disposal of non-compliant cannabis at the
				Grow Site using one of the methods identified in these Rules.
(3) Prior to disposal, Licensees may attempt
				to remediate non-compliant cannabis using one of the methods identified in
				these Rules. After attempted remediation, an additional sample of the lot must
				be taken by a Department-approved sampling agent and tested in accordance with
				these Rules to confirm the lot contains an acceptable THC level.
(a) A lot that has undergone attempted
				remediation and yields an official sample test result that exceeds the
				acceptable THC level must not enter the stream of commerce and must be disposed
				of in accordance with these Rules.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.07 - Sale of Hemp Seed and Live Hemp Plants

Current through Rules and Regulations filed through June 27, 2024
(1) Each person or entity, including any
				Licensee, that sells hemp seed to a Licensee must comply with the Georgia Seed
				Law, O.C.G.A. §
									2-11-20, et seq. and Seed Division
				Regulations, GA. Comp. R. & Regs. Rules 40-12-1, et seq., including
				obtaining any required license thereunder.
(2) Each person or entity, including any
				Licensee, that sells Live Hemp Plants to a Licensee must comply with the
				Entomology Act, O.C.G.A. §
									2-7-1, et seq. and Live Plant
				Regulations, GA. Comp. R. & Regs. Rules 40-4-9, et seq., including
				obtaining any required license thereunder.
O.C.G.A.
				  §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.08 - Storage of Hemp

Current through Rules and Regulations filed through June 27, 2024
(1) A Licensee may store hemp cultivated by
				said Licensee provided:
(a) The Licensee
				identifies each storage facility on the Hemp Grower License;
(b) The Licensee maintains complete and
				accurate records detailing the harvest lot(s), including the amount being
				stored at each storage facility. Harvest lots in storage must be separated in
				such a manner that maintains the unique identity of each harvest lot stored at
				the storage facility;
1. In the event that a
				tested official sample of a harvested lot held at a storage facility exceeds
				the acceptable hemp THC level, the harvested lot and all comingled hemp held at
				the storage facility will be promptly disposed of or remediated in accordance
				with these Rules.
(c) The
				storage facility is owned or leased by the Licensee; and
(d) The storage facility is secured with
				physical containment and reasonable security measures.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.09 - Pesticide Use

Current through Rules and Regulations filed through June 27, 2024
(1) Any Licensee who uses a pesticide on hemp
				must comply with all Georgia laws and regulations pertaining to applications of
				pesticides including, but not limited to, licensing requirements.
(2) Licensees must not apply pesticides to
				hemp in violation of the product label.
(3) A Licensee who uses a pesticide on a site
				where hemp will be planted must comply with the longest of any planting
				restriction interval on the product label prior to planting the hemp.
(4) The Department may perform random
				pesticide testing or may perform for-cause testing if the Department has reason
				to believe that a pesticide may have been applied to hemp in violation of the
				product label.
(5) Hemp seeds,
				plants, and materials bearing pesticide residue in violation of the pesticide
				label may be subject to forfeiture or destruction without
				compensation.
O.C.G.A. §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.11 - Hemp Grower Compliance Inspections

Current through Rules and Regulations filed through June 27, 2024
(1) Licensees may be subject to annual
				compliance inspections.
(2) The
				Licensee's operational procedures, documentation, recordkeeping, and other
				practices may be verified during the compliance inspection.
(3) The Department may assess whether
				required reports, records, and documentation are being properly maintained and
				may assess accuracy and completeness.
(4) If during a compliance inspection the
				Department determines that the Licensee is not in compliance with the Georgia
				Hemp Farming Act or these Rules, the Department will require a Corrective
				Action Plan. The Licensee's implementation of a Corrective Action Plan will be
				reviewed by the Department during future compliance inspections.
(5) Compliance inspections may be unannounced
				and conducted at any time during regular business hours. The Department will
				have complete and unrestricted access to all hemp plants, material, and seeds,
				whether growing or harvested, as well as to all land, buildings, and other
				structures used for the cultivation, handling, or storage of hemp. The
				Department will also have full access to any and all records, documents, and
				information required to be kept and maintained in accordance with these
				Rules.
O.C.G.A. §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-2 - HEMP GROWERS › Rule 40-32-2-.12 - Violations and Enforcement

Current through Rules and Regulations filed through June 27, 2024
(1) Violations include, but are not limited
				to, the following:
(a) Cultivating or
				handling hemp without a Hemp Grower License from the Department;
(b) Cultivating or handling any cannabis that
				is not hemp;
(c) Cultivating hemp
				that exceeds the acceptable hemp THC level;
(d) Selling, transferring, shipping,
				transporting, delivering, distributing, or otherwise providing hemp that
				exceeds the acceptable hemp THC level;
(e) Cultivating or handling hemp on a site
				not approved by the Department as part of the Hemp Grower License;
(f) Allowing unsupervised public access to
				hemp growing or handling areas, including storage areas;
(g) Denying any Department or law enforcement
				official access for compliance, sampling, or inspection purposes;
(h) Failure to keep and maintain any records,
				documents, or information required by these Rules;
(i) Failure to make any timely report
				required by these Rules;
(j)
				Failure to comply with any of the Grower Responsibilities and
				Restrictions;
(k) Failure to comply
				with any of the Grower License Term and Conditions; and
(l) Failure to comply with, or any violation
				of, any other provision of the Georgia Hemp Farming Act or these
				Rules.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.02 - Processor Permit Terms and Conditions

Current through Rules and Regulations filed through June 27, 2024
Each Permittee must acknowledge and agree to the terms and
				  conditions governing the Hemp Processor Permit which include, but are not
				  limited to, the following:
(1) Except
				as explicitly provided for in these Rules or corrections of typographical
				errors approved by the Department, no alterations will be allowed to any Hemp
				Processor Permit once approved.
(2)
				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.
(3) The Permittee must report any felony
				convictions or misdemeanor convictions, of itself or any of its key
				participants, relating to controlled substances under Georgia law or under
				Federal law to the Department, via e-mail to hemp@agr.georgia.gov, within five
				(5) calendar days of receiving notice of such conviction.
(4) 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.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.03 - Processor Sampling

Current through Rules and Regulations filed through June 27, 2024
(1) Hemp products are subject to sampling by
				a Department-approved sampling agent for total delta-9 tetrahydrocannabinol
				concentration level testing. The frequency of sampling and number of hemp
				products sampled for such testing will be determined by the
				Department.
(2) Sampling will be
				conducted in accordance with the Department's most current
Sampling and
				Testing Guidelines for Hemp Processing Facilities
, which will be made
				available on the Department's website at agr.georgia.gov.
(3) The method used for sampling must ensure
				that a representative sample is collected that represents a homogeneous
				composition of the product lot.
(4)
				During a scheduled sample collection, the Permittee or an authorized
				representative of the Permittee must be present at the facility.
(5) The Permittee will be responsible for
				paying all sampling fees. No compensation will be owed by the Department to the
				Permittee for any such sampling or for any samples collected by the
				Department-approved sampling agent.
(6) Only samples taken by a
				Department-approved sampling agent will be considered official
				samples.
(7) The
				Department-approved sampling agent(s) must be provided with complete and
				unrestricted access during business hours to all hemp, hemp products, land,
				buildings and other structures used for the processing, handling, and storing
				of hemp and hemp products. The Department must also be provided with complete
				and unrestricted access to any and all records, documents, and information
				required to be kept and maintained in accordance with these Rules.
(8) A Permittee must not transfer, transport,
				or otherwise distribute hemp products from a sampled product lot prior to
				receiving analytical testing results verifying that the product lot sampled
				does not exceed the acceptable hemp THC level.
O.C.G.A.
				  §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.04 - Processor Laboratory Testing

Current through Rules and Regulations filed through June 27, 2024
(1) Standard testing procedures are specified
				for samples taken to measure the total delta-9 tetrahydrocannabinol (THC)
				concentration levels of those samples.
(2) Analytical testing for purposes of
				detecting the concentration levels of total delta-9 tetrahydrocannabinol (THC)
				must be conducted and reported by a laboratory registered with DEA to handle
				controlled substances under the Controlled Substances Act (CSA), 21 CFR part
				1301.13.
(3) Analytical testing for
				purposes of detecting the concentration levels of total delta-9
				tetrahydrocannabinol (THC) must be conducted in accordance with the
				Department's
Sampling and Testing Guidelines for Hemp Processing
				Facilities,
which will be made available on the Department's website
				at agr.georgia.gov. Such testing must meet the following standards:
(a) Laboratory quality assurance must ensure
				the validity and reliability of test results;
(b) Analytical method selection, validation,
				and verification must ensure that the testing method used is appropriate (fit
				for purpose) and that the laboratory can successfully perform the testing;
(c) The demonstration of testing
				validity must ensure consistent, accurate analytical performance;
(d) Method performance specifications must
				ensure analytical tests are sufficiently sensitive for the purposes of the
				detectability requirements of this Rule; and
(e) Implement effective disposal procedures
				for non-compliant samples that do not meet the acceptable hemp THC
				level.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.05 - Permittee Restrictions

Current through Rules and Regulations filed through June 27, 2024
(1) A Permittee must not:
(a) Process or handle hemp on any site not
				listed on the Hemp Processor Permit;
(b) Process or handle any cannabis that is
				not hemp;
(c) Sell, transfer, ship,
				transport, deliver, distribute, or otherwise provide hemp products that exceed
				the acceptable hemp THC level;
(d)
				Process or handle hemp or hemp products in any structure that is used for
				residential purposes;
(e) Process
				hemp with other products. Hemp must be processed separately from other products
				unless otherwise authorized in writing by the Department;
(f) Store hemp products with other products.
				Hemp products must be physically stored separately from other products at a
				processing or storage facility unless otherwise authorized in writing by the
				Department;
(g) Allow unsupervised
				public access to hemp or hemp processing and storage facilities; or
(h) Process or handle hemp on property owned
				by, leased from, or previously submitted in a permit application by any person
				who is ineligible for, was terminated from, or was denied admission to the
				program for failure to obtain an acceptable criminal background check or for
				violations of the Georgia Hemp Farming Act or these Rules.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.06 - Disposal of Non-Compliant Cannabis Products

Current through Rules and Regulations filed through June 27, 2024
(1) Cannabis products exceeding the
				acceptable hemp THC level constitute marijuana, a schedule I controlled
				substance under Georgia law and federal law.
(2) Cannabis products exceeding the
				acceptable hemp THC level must be disposed of in accordance with the CSA and
				DEA regulations found at 21
				CFR 1317.15 by a reverse distributor or as
				otherwise approved in writing by the Department.
(3) The Permittee must immediately notify the
				Department via email to hemp@agr.georgia.gov any time analytical testing
				determines that cannabis products exceed the acceptable hemp THC
				level.
(4) Upon notice and
				confirmation that a cannabis product has exceeded the acceptable hemp THC
				level, the Department will issue an Order of Disposal requiring all related
				cannabis products to be disposed within a reasonable time to be determined by
				the Department.
(5) The Permittee
				will be responsible for arranging disposal through a reverse distributor.
(6) The Permittee will be
				responsible for all costs and fees associated with the disposal of cannabis
				exceeding the acceptable hemp THC level. No compensation will be owed by the
				Department to the Permittee for any such disposal.
(7) Cannabis products subject to disposal
				must not be removed from the permitted facility or from any other area where
				such cannabis is being processed, handled, or stored.
(8) Within 14 days of the date of completion
				of disposal, the Processor must submit a "Disposal Report" form to the
				Department, which must contain the following information:
(a) Name and address of the
				Permittee;
(b) Georgia Processor
				Permit number;
(c) Information on
				the reverse distributor agent handling the disposal.
(d) Date of completion of disposal;
(e) Signature of the Permittee; and
(f) Reverse distributor certification of
				completion of the disposal.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.07 - Permittee Surety Bonds

Current through Rules and Regulations filed through June 27, 2024
(1) Each applicant for a Hemp Processor
				Permit must make and deliver to the Commissioner a surety bond, the form and
				substance of which must be approved by the Commissioner. Such surety bond shall
				be conditioned to secure the faithful accounting for and payment to hemp
				growers licensed under a State or Tribal hemp plan approved by the USDA, the
				USDA Hemp Production Plan, or under
				7 U.S.C.
				5940 through the State or territory of the
				Indian Tribe, as applicable, for hemp purchased by such Permittee, as well as
				to secure the Permittee's compliance with the requirements of the Georgia Hemp
				Farming Act and these Rules.
(a) For purposes
				of this Rule, a Permittee's surety bond may be executed by any surety
				corporation authorized to transact business in Georgia.
(b) Applicants must include a certificate of
				good standing issued by the Commissioner of Insurance with all submitted surety
				bonds.
(c) If the company issuing a
				Permittee's surety bond becomes disqualified from conducting business in
				Georgia, Permittee must obtain a replacement bond for at least an equivalent
				amount within 30 days, subject to the Commissioner's approval. The effective
				term of a replacement bond must begin on the day the previous bond became
				ineffective.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.08 - Storage of Hemp

Current through Rules and Regulations filed through June 27, 2024
(1) A Permittee may store hemp obtained from
				licensed growers and/or processed by said Permittee provided:
(a) The Permittee identifies each storage
				facility on the Hemp Processor Permit;
(b) The Permittee maintains complete and
				accurate records detailing the licensed growers from whom hemp at each storage
				facility was received, varieties stored at each storage facility, and amount of
				each hemp variety stored at each storage facility. Product lots in storage must
				be separated in such a manner that maintains the unique identity of each
				product lot stored at the storage facility;
1.
				In the event analytical testing determines that an official sample of hemp or
				hemp products held at a storage facility exceeds the acceptable hemp THC level,
				all comingled hemp or hemp products held at the storage facility must be
				promptly disposed of in accordance with the CSA and DEA regulations found at
				21 CFR
				1317.15 by a reverse
				distributor.
(c) The
				storage facility is owned or leased by the Permittee; and
(d) The storage facility is secured with
				physical containment and reasonable security measures.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.09 - Recordkeeping Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Permittees must keep and maintain copies
				of all written agreements with licensed growers, including growers holding a
				Georgia Hemp Grower License as well as growers licensed by the USDA or
				authorized to produce hemp under other USDA approved state or tribal hemp
				plans, governing their business relationship.
(2) Permittees must keep and maintain the
				following records:
(a) Hemp intake records,
				which include:
1. Name, location, and license
				number (Georgia Hemp Grower License number or other valid hemp grower
				identification number) for each grower from whom the Permittee accepts hemp for
				processing;
2. The date(s) on which
				hemp is received from each licensed grower;
3. Copies of analytical testing results
				confirming that each lot of hemp received for processing does not exceed the
				acceptable hemp THC level;
4. The
				amount of each variety received from each licensed grower; and
5. The hemp products for which each variety
				of hemp received from each licensed grower will be used.