La. Admin. Code tit. 7 § XIII-1341

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIII-1341 - Corrective Action Plan for Negligent Violations and Mandatory Reporting

A. In addition to being subject to license suspension, license revocation, civil penalties, and industrial hemp destruction, a person who is determined by LDAF to have negligently committed the following violations may be subject to a corrective action plan:

1. failing to provide a legal description of the field, greenhouse, indoor growing structure, or site where industrial hemp will be cultivated, handled, or stored;

2. failing to obtain a seed producer, grower, handler, or processor license from LDAF; or

3. producing industrial hemp exceeding the acceptable hemp THC level. A person that has made reasonable efforts to grow industrial hemp and produces cannabis that does not have a total THC concentration of more than 1.0 percent shall not be deemed to have committed a negligent violation.

B. A corrective action plan issued by LDAF shall include the following information:

1. a reasonable date by which the person shall correct the negligent violation; and

2. a requirement that the person shall periodically report to LDAF about the persons compliance with the corrective action plan, R.S. 3:1461 et seq., and this Chapter for a period of at least two years from the date of the corrective action plan.

C. LDAF shall conduct an inspection to determine if the corrective action plan has been implemented as submitted.

D. A person who is determined by LDAF to have negligently violated R.S. 3:1461 et seq. and this Chapter three times in a five-year period shall be ineligible to hold an industrial hemp license for a period of five years beginning on the date of the third violation.

E. A person that has negligently violated R.S. 3:1461 et seq. and this Chapter shall not be reported to local, state, or federal government authorities for criminal enforcement action.

F. Licensed growers and seed producers of industrial hemp shall not receive more than one negligent violation per growing season.

G. LDAF shall report a person who is found by LDAF to have violated R.S. 3:1461 et seq. and this Chapter with a culpable mental state greater than negligence to the USDA, United States Attorney General, and the Louisiana Attorney General within 30 days.

La. Admin. Code tit. 7, § XIII-1341

Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed Commission, LR 46178 (2/1/2020), Amended LR 471839 (12/1/2021), Amended LR 481744 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1464.