Rule 40-32-2-.05 - Grower Responsibilities and Restrictions(1) Hemp grower licensees must not harvest a lot of hemp more than thirty (30) days following the date of sample collection. The day the Department-approved sampling agent collects a sample serves as the first of the 30 days allowable to complete harvest of the sampled lot. If an additional sample is collected by the Department-approved sampling agent in connection with a demand for additional pre-harvest testing by a hemp grower licensee, the day such additional sample is collected will then serve as the first of the 30 days allowable to complete harvest of the sampled lot.(2) If a hemp grower licensee fails to complete harvest within thirty (30) days of sample collection, a new pre-harvest sample of the lot will be required to be submitted for testing.(3) Harvested lots of hemp plants must not be commingled with other harvested lots or other material without prior written permission from the Department.(4) Only lots that with a total delta-9-THC concentration equal to or less than the legal limit may enter the stream of commerce.(5) A hemp grower licensee may demand one additional pre-harvest test of a lot if it is believed that the original total delta-9-THC concentration test results were in error. Additional pre-harvest testing must be conducted at the same laboratory that originally tested the lot sample. (a) Additional pre-harvest testing may use the original sample, provided sufficient sample material remains, or an additional sample from the lot collected by a Department-approved sampling agent.(6) Any lot yielding an official sample test result, or additional pre-harvest official sample test result, as applicable, exceeding the legal limit, must not enter the stream of commerce and the hemp grower licensee must either dispose of or remediate the lot in accordance with this Chapter.(7) A hemp grower licensee must not: (a) Cultivate or handle hemp on any site not listed on the hemp grower license application or subsequent change request and must take immediate steps to prevent the inadvertent growth of hemp outside of the authorized grow site(s);(b) Cultivate or handle any cannabis that is not hemp;(c) Cultivate or handle hemp in any structure that is used for residential purposes;(d) Cultivate any other crop within a lot of hemp;(e) Allow unsupervised public access to hemp or hemp grow sites; or(f) Cultivate or handle hemp on property owned by, leased from, or previously submitted in a hemp grower license application by any person who is ineligible for, was terminated from, or was denied admission to the program for failure to obtain an acceptable criminal history report or for violations of the Georgia Hemp Farming Act or this Chapter.(8) Hemp grower licensees must post weatherproof signage at the entrance to each grow site. The signage must be at least three feet (3') in length and two feet (2') in height or the maximum allowable size for signage pursuant to applicable local ordinances, whichever is smaller, and must include at least the following information:(a) The statement, "Georgia Department of Agriculture Licensed Hemp Grower";(b) The name of the hemp grower licensee;(c) The Department hemp grower license number; and(d) The Department's telephone number, (404) 656-3600.(9) Hemp grower licensees must comply with all applicable local, State, and Federal laws, rules, regulations, and ordinances at all times.Ga. Comp. R. & Regs. R. 40-32-2-.05
O.C.G.A. §§ 2-2-9; 2-5-1 et seq.; 2-23-1 et seq.
Original Rule entitled "Grower Responsibilities and Restrictions" adopted. F. Feb. 10, 2020; eff. Mar. 1, 2020.Amended: F. Jan. 19, 2022; eff. Feb. 8, 2022.Amended: F. Sept. 11, 2024; eff. Oct. 1, 2024.