| (a) A hemp producer shall be subject to enforcement
for negligently producing hemp or for negligently producing cannabis
(marijuana) which exceeds the acceptable hemp THC level.
(b) Negligent violations shall include, but not be
limited to:
(1) failure to provide a legal description or geospatial
location of the facility on which the license holder produces or stores
hemp;
(2) failure to obtain a license or other required authorization
from the Department; or
(3) production of cannabis with a delta-9 tetrahydrocannabinol
concentration exceeding the acceptable hemp THC level.
(c) Hemp producers do not commit a negligent violation
under this chapter if they make reasonable efforts to grow hemp, and
after sampling and testing, the cannabis (marijuana) does not produce
a test result showing a delta-9 tetrahydrocannabinol concentration
for the lot's sample of more than 0.5 percent on a dry weight basis.
(d) For each negligent violation, the Department will
issue a Notice of Violation and require the license holder to submit
a corrective action plan. The Department shall review the corrective
action plan and determine if the corrective action plan meets the
requirements of 7 C.F.R. §990, the Code, this chapter, and the
Department's other requirements. If the Department approves the corrective
action plan, the license holder shall comply with the corrective action
plan to cure the negligent violation. If the Department denies the
corrective action plan, the license holder's license shall be revoked.
Corrective action plans will be in place for a minimum of two (2)
years from the date of their approval. Corrective action plans will,
at a minimum, include:
(1) the date by which the license holder shall correct
each negligent violation;
(2) steps to correct each negligent violation; and
(3) a description of the written procedures to demonstrate
compliance with applicable law and the Department's policies and procedures,
which may include additional reporting requirements to show such compliance.
(e) A license holder that negligently violates this
chapter shall not, as a result of that violation, be subject to any
criminal enforcement action in Texas.
(f) If a subsequent violation occurs while a corrective
action plan is in place, a new corrective action plan must be submitted
with a heightened level of quality control, staff training, and quantifiable
action measures.
(g) A license holder that negligently violates the
terms of a license three (3) times in a five-year period shall have
their license revoked and be ineligible to produce hemp for a period
of five (5) years, beginning on the date of the third violation.
(h) The Department or any U.S. authority along with
their authorized representatives and employees shall conduct inspections
to determine if the corrective action plan has been implemented.
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