Ariz. Admin. Code § 3-4-1013

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-4-1013 - Corrective Actions

A. In addition to being subject to possible license suspension, license revocation, and monetary civil penalty procedures under R3-4-1014, a person who is found by the Department to have violated any law, rule or Director's Order governing that person's participation in the program may be subject to a corrective action plan.

B. The Associate Director may request that the licensee submit a corrective action plan, or may impose a written and dated corrective action plan for a negligent violation or non-compliance of any law, rule or Director's Order governing a person's participation in the hemp program.

C. Corrective action plans shall include, at a minimum, the following information:

1. The requirements a person must fulfill to correct a violation or non-compliance of this Article as indicated in R3-4-1013(D);

2. A reasonable date by which the person shall complete violation or non-compliance corrections; and

3. For violations pursued under A.R.S. § 3-319, a requirement for periodic reports from the violator to the department about the violator's compliance with the corrective action plan, laws, rules or Director's Orders for a period of not less than two years from the date of the violation.

D. Corrective Action Plan.

1. Hemp crops or harvested hemp shall not be removed from the licensee's registered hemp site if found non-compliant by having a total delta-9 THC concentration of greater than 0.300% , but less than 1.0% on a dry weight basis, unless granted authorization by the Associate Director to complete the measures in an approved corrective action plan.

2. In addition to one or more of the components listed in A.R.S. § 3-317, the Department may prescribe one or more of the following actions as part of a corrective action plan:

a. Stripping stalks and disposal of floral material;

b. Sterilization of seed and disposal of floral material;

c. THC remediation of leaf and floral material as prescribed by the Associate Director;

d. Blending and milling of the entire plant/crop to a homogenized state, then resampled for compliance;

e. Education and training; and

f. Other corrective measures prescribed by the Associate Director

3. Failure to complete the prescribed corrective measure within the timeframe indicated in the corrective action plan or to complete any component of a corrective action plan shall constitute a second violation of this Article.

4. The cost of implementing a corrective action plan is the burden of the licensee.

E. Repeat negligent violations. A person that violates this Article, the laws governing the production of industrial hemp, or any order issued by the Associate Director three times in a five-year period shall be ineligible for an industrial hemp license for a period of five years beginning on the date of the third violation. All negligent violations within one year counts as one negligent violation.

F. Methods of disposal. Disposal of any industrial hemp crop or plant, whether such disposal is pursuant to voluntarily action by the licensee or pursuant to a Department order of disposal, shall be accomplished by one or more of the following methods:

1. Plowing under;

2. Mulching or composting;

3. Disking;

4. Bush Mower or chopper;

5. Deep burial; and

6. Burning or incinerating

Ariz. Admin. Code § R3-4-1013

Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.