| (a) License holders shall maintain records and reports
of all hemp plants acquired, produced, handled, sampled and collected,
or disposed for at least three years, using a Department form.
(b) All records shall be maintained and made available
for inspection by Department inspectors, US authorities, or their
representatives, during reasonable business hours. The following records
must be made available:
(1) records regarding acquisition of hemp seed or cultivars;
(2) records regarding production of hemp;
(3) records regarding handling of hemp;
(4) records regarding sampling and collection of hemp;
(5) records regarding disposal of all cannabis plants
that, upon testing by the Department, the license holder, or US authority,
exceeds the acceptable hemp THC level; and
(6) records regarding the transport or proposed transport
of hemp, including transport manifests.
(c) All reports and records required to be submitted
to the Department as part of participation in this program which include
confidential data or business information, including but not limited
to information constituting a trade secret or disclosing a trade position,
financial condition, or business operations of the particular license
holder or their customers, shall be received by, and at all times
kept in the custody and control of, the Department and its employees
in accordance with the requirements of Texas law and the Department's
information security procedures and policies. Confidential data or
business information may be shared with US authorities, or their designees.
License holders are responsible for identifying all of the license
holder's confidential data or business information, including but
not limited to information constituting a trade secret or trade positions,
financial conditions, or business operations of the particular license
holder or its customers which the license holder deems to be protected
from disclosure by the Department. Such identification must be made
by separate written communication to the Department specifically identifying
the information sought to be protected by the license holder.
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