Section 990.29 - ViolationsViolations of this part shall be subject to enforcement in accordance with the terms of this section.
(a)Negligent violations. Hemp producers are not subject to more than one negligent violation per calendar year. A hemp producer shall be subject to enforcement for negligently: (1) Failing to provide an accurate legal description of land where hemp is produced;(2) Producing hemp without a license; and(3) Producing cannabis exceeding the acceptable hemp THC level. Hemp producers do not commit a negligent violation under this paragraph (a) if they make reasonable efforts to grow hemp and the cannabis does not have a total THC concentration of more than 1.0 percent on a dry weight basis.(b)Corrective action for negligent violations. For each negligent violation, USDA will issue a Notice of Violation and require a corrective action plan from the producer. The producer shall comply with the corrective action plan to cure the negligent violation. 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 producer shall correct each negligent violation;(2) Steps that will be taken to correct each negligent violation; and(3) A description of the procedures that will demonstrate compliance must be submitted to USDA.(c)Negligent violations and criminal enforcement. A producer who negligently violates this part shall not, as a result of that violation, be subject to any criminal enforcement action by any Federal, State, Tribal, or local government.(d)Subsequent negligent violations. If a subsequent negligent 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.(e)Negligent violations and license revocation. A producer that negligently violates the license 3 times in a 5-year period shall have their license revoked and be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.(f)Culpable mental state greater than negligence. If USDA determines that a licensee has violated the terms of the license or of this part with a culpable mental state greater than negligence:(1) USDA shall immediately report the licensee to:(i) The U.S. Attorney General; and(ii) The chief law enforcement officer of the State or Indian territory, as applicable, where the production is located; and(2) Paragraphs (a) and (b) of this section shall not apply to culpable violations. 84 FR 58554 , 10/31/2019; 86 FR 5680 , 1/19/2021