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(a)A person must hold a consumable hemp products license
issued by the department before engaging in the manufacture, processing,
or distribution of consumable hemp and hemp-derived products.
(b)A person shall apply for a consumable hemp products
license under this subchapter by submitting an application to the
department in the manner prescribed by the department for each location
engaged in the manufacture, processing, or distribution of consumable
hemp products. The application must be accompanied by:
(1)a legal description of each location to include
the global positioning system coordinates for the perimeter of each
location:
(A)where the applicant intends to manufacture or process
consumable hemp products; and
(B)where the applicant intends to store consumable
hemp products to include the global positioning system coordinates
for the perimeter of each location;
(2)written consent from the applicant or the property
owner, if the applicant is not the property owner, for the department,
the Department of Public Safety, and any other state or local law
enforcement agency, to enter all premises where consumable hemp is
manufactured, processed, or delivered, to conduct a physical inspection
or to ensure compliance with this chapter; and
(3)a fingerprint-based criminal background check from
each applicant at the applicant's expense.
(c)If the applicant or person has been convicted of
a felony relating to a controlled substance under federal law or the
law of any state within ten years before the date of application,
the department shall not issue a consumable hemp products license
under this subchapter.
(d)If the department receives information that a license
holder under this subchapter has been convicted of a felony relating
to a controlled substance under federal law or the law of any state
within ten years before the issue date of the license, the department
shall revoke the consumable hemp products license.
(e)A person who holds a consumable hemp products license
under this subchapter shall undergo a fingerprint-based criminal background
check at his own expense.
(f)Applications must contain the following information:
(1)the name of the license applicant;
(2)the business name, if different than applicant
name;
(3)the mailing address of the business;
(4)the street address of the facility;
(5)the primary business contact telephone number;
(6)the personal email address of the applicant; and
(7)the email address of the business, if different
than the applicant's email address.
(g)If a person owns or operates two or more facilities,
each facility shall be licensed separately by listing the name and
address of each facility on separate application forms.
(h)Applicants must submit an application for a consumable
hemp products license request under this subchapter electronically
through Texas.gov. The department is authorized to collect fees, in
amounts determined by the Texas Online Authority, to recover costs
associated with application and renewal application processing through
Texas.gov.
(i)All fees required by the department must be submitted
with the application.
(j)Applicants must submit any other information required
by the department, as evidenced and provided upon application forms.
(k)A consumable hemp products license issued by the
department should be displayed in an obvious and conspicuous public
location within the facility to which the license applies.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on April 23, 2020
TRD-202001566 Barbara Klein
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 7, 2020
For further information, please call: (512) 231-5653
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