| (a) As an initial and continuing condition of licensure
under the Department's hemp program, a license holder consents to
entry on and inspection of all locations identified in an initial
or renewal application, and all land and premises where hemp or other
cannabis plants or materials are located. Such consent includes representatives
of the Department or U.S. authority, who may enter such location(s),
land, and premise(s) with or without cause, and with or without advance
notice.
(b) As an initial and continuing condition of licensure
under the Department's hemp program, a license holder has a legal
duty and obligation to destroy, at the license holder's expense, in
accordance with DEA reverse distributor regulations found at 21 C.F.R. §1317.15,
and without compensation from the State of Texas, USDA or the federal
government, any:
(1) material found in excess of an acceptable hemp
THC level;
(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.
(c) A license holder shall not sell, assign, loan,
transfer, pledge or otherwise dispose of, alienate or encumber a license.
A license is not transferrable upon the death of a license holder,
except upon the death of a license holder the independent or dependent
executor of the deceased license holder may contract with another
license holder to cultivate, harvest, handle, test, and convey the
hemp crop existing at the time of the license holder's death.
(d) A license holder shall not produce or handle hemp
in any location other than the location listed in an initial or renewal
application or facility addition or modification request.
(e) A license holder, other than a Hemp Research License
Holder, shall not interplant hemp with any other crop without express
written permission from the Department.
(f) A license holder shall comply with restrictions
established by the Department limiting the movement of hemp plants
and plant parts.
(g) A license holder shall ensure that at any time
hemp is in transit, whether in intrastate or interstate commerce,
a Department issued transport manifest shall be available for inspection
upon the request of a representative of the Department, or U.S. authority.
(h) Upon request from a representative of the Department,
or U.S. authority, a license holder shall immediately produce a copy
of his or her license for inspection.
(i) A license holder shall notify the Department of
any interaction with any U.S. authority, within twenty-four (24) hours
following such interaction, by telephone call to the Department and
follow-up in writing to the Department within three (3) calendar days
of the occurrence.
(j) A license holder shall notify the Department of
any theft of cannabis materials, whether growing or not, within 48
hours of discovery.
(k) A license holder shall report to the USDA, Agricultural
Marketing Service (AMS), or Farm Service Agency (FSA), consistent
with USDA requirements:
(1) their license or authorization number, street address,
and facility and lot geospatial location, including all transplantation
areas, where hemp is and will be produced;
(2) the acreage dedicated to the production of hemp,
or greenhouse indoor square footage dedicated to the production of
hemp, and the total acreage or square footage of hemp planted, harvested
and if applicable, disposed; and
(3) any change in the facility or lot geospatial location
or amount of acreage dedicated to the production of hemp, and any
change in the facility or lot geospatial location or amount of greenhouse
indoor square footage dedicated to the production of hemp, including
the total acreage or square footage of hemp planted, harvested and
if applicable, disposed due to said changes.
(l) Failure to comply with this chapter, or any procedure
or process established by the Department related to the cultivation,
handling, sampling and collection, processing, testing, storage or
transport of hemp, or any request by the Department related to the
cultivation, handling, sampling and collection, processing, testing,
storage or transport of hemp, shall constitute grounds for appropriate
enforcement action including, without limitation, the assessment of
administrative penalties, the requirement to undertake corrective
action, the denial of an initial or renewal application, the revocation
of a license, the referral to other state and federal agencies for
civil or criminal action, or any combination of such remedies by the
Department.
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