Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.06 - Grower Licensing Agreements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant shall not be a participant
				in the department's program until the conditionally approved applicant and the
				department have executed a grower licensing agreement following the applicant's
				completion of the department's mandatory orientation session. Each licensed
				grower or producer shall be assigned a department license number in the form
				prescribed by USDA.
(2) The grower
				licensing agreement shall establish additional terms and conditions governing
				participation in the department's program.
(3) The terms and conditions established in
				the grower licensing agreement shall include, at a minimum, the following
				requirements for licensed growers:
(a)
				Acknowledge that licensed growers shall act as agents of the department and
				shall comply with instructions from representatives of the department and law
				enforcement agencies;
(b) Agree to
				pay a licensing fee in the amount established by these administrative
				rules;
(c) Consent to entry onto,
				and inspection of, all premises where hemp or other cannabis plants or
				materials are located, or licensed to be located, by representatives of the
				Department and law enforcement agencies, with or without cause, with or without
				advance notice;
(d) Consent to
				forfeiture and destruction, without compensation, of:
1. Material found to have a measured total
				delta-9-THC content in excess of zero and three-tenths (0.3) percent on a dry
				weight basis;
2. Plants located in
				an area that is not licensed by the department; and
3. Plants not accounted for in required
				reporting to the department;
(e) Agree to apply for registration of all
				growing, handling, and storage locations, including GPS coordinates, and
				receive department approval for those locations prior to having hemp on those
				premises;
(f) Acknowledge that
				licensed growers shall submit a Site Modification Request Forms, the
				appropriate fees based on the requested changes, and obtain prior written
				approval from a representative of the department before implementing any change
				to the licensed sites stated in the grower licensing agreement, and that
				growing site changes shall be subject to a site modification surcharge in the
				amount established in these administrative rules for a new set of GPS
				coordinates;
(g) Acknowledge that
				hemp shall not be grown, handled, or stored in any location other than the
				location listed in the grower licensing agreement;
(h) Agree not to interplant hemp with any
				other crop without express written permission from the department;
(i) Acknowledge that anyone applying
				pesticides to hemp shall apply pesticides in accordance with this
				administrative regulation;
(j)
				Acknowledge that licensed growers shall comply with restrictions established by
				the department limiting the movement of hemp plants and plant parts;
(k) Acknowledge that the risk of financial or
				other loss shall be borne solely by the licensed grower;
(l) Agree that any time hemp is in transit, a
				copy of the grower licensing agreement shall be available for inspection upon
				the request of a representative of the department or a law enforcement
				agency;
(m) Agree that, upon
				request from a representative of the department or a law enforcement agency, a
				licensed grower shall immediately produce a copy of his or her grower licensing
				agreement for inspection;
(n) Agree
				to submit Hemp Grow Plan Reports, Harvest/Destruction Form, Post-Harvest
				Reports and Production Reports, and any other reports required by the
				department or USDA, to which the grower has agreed, on or before the deadlines
				established in this administrative regulation;
(o) Agree to scout and monitor unregistered
				fields for volunteer cannabis plants and to destroy those volunteer cannabis
				plants for three (3) years past the last date of planting reported to the
				department;
(p) Agree not to employ
				or rent land to cultivate hemp from any person who was terminated or denied
				admission to the program for one (1) or both of the following reasons:
1. Failure to obtain an acceptable criminal
				background check; or
2. Failure to
				comply with an order from a representative of the department;
(q) Agree that land used for the
				cultivation or storage of hemp 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:
1. Failure to obtain an
				acceptable criminal background check; or
2. Failure to comply with an order from a
				representative of the department;
(r) Agree to notify the department of any
				interaction with law enforcement immediately by phone and follow-up in writing
				within three (3) calendar days of the occurrence; and
(s) Agree to notify the department of any
				theft of cannabis materials, whether growing or not.
(t) Agree that the department, law
				enforcement or other authorized entities may conduct annual inspections of
				licensed growers, at random, to verify that hemp is not being produced in
				violation of these rules or state or federal laws and regulations.