Section 24.33 - Negligent Violations(a) A hemp producer shall be subject to enforcement for negligently producing hemp or for negligently producing cannabis (marijuana) which exceeds the acceptable hemp THC level.(b) Negligent violations shall include, but not be limited to:(1) failure to provide a legal description or geospatial location of the facility on which the license holder produces or stores hemp;(2) failure to obtain a license or other required authorization from the Department; or(3) production of cannabis with a delta-9 tetrahydrocannabinol concentration exceeding the acceptable hemp THC level.(c) Hemp producers do not commit a negligent violation under this chapter if they make reasonable efforts to grow hemp, and after sampling and testing, the cannabis (marijuana) does not produce a test result showing a delta-9 tetrahydrocannabinol concentration for the lot's sample of more than 0.5 percent on a dry weight basis.(d) For each negligent violation, the Department will issue a Notice of Violation and require the license holder to submit a corrective action plan. The Department shall review the corrective action plan and determine if the corrective action plan meets the requirements of 7 C.F.R. § 990, the Code, this chapter, and the Department's other requirements. If the Department approves the corrective action plan, the license holder shall comply with the corrective action plan to cure the negligent violation. If the Department denies the corrective action plan, the license holder's license shall be revoked. 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 license holder shall correct each negligent violation;(2) steps to correct each negligent violation; and(3) a description of the written procedures to demonstrate compliance with applicable law and the Department's policies and procedures, which may include additional reporting requirements to show such compliance.(e) A license holder that negligently violates this chapter shall not, as a result of that violation, be subject to any criminal enforcement action in Texas.(f) If a subsequent 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.(g) A license holder that negligently violates the terms of a license three (3) times in a five-year period shall have their license revoked and be ineligible to produce hemp for a period of five (5) years, beginning on the date of the third violation.(h) The Department or any U.S. authority along with their authorized representatives and employees shall conduct inspections to determine if the corrective action plan has been implemented.4 Tex. Admin. Code § 24.33
Adopted by Texas Register, Volume 45, Number 10, March 6, 2020, TexReg 1670, eff. 3/11/2020