(a)When notified of a hemp crop, hemp product, or hemp-infused product that has a delta-9 tetrahydrocannabinol concentration exceeding the applicable federally defined tetrahydrocannabinol concentration level of hemp, the person registered with the Secretary as growing or processing the hemp shall arrange for disposal, remediation, or destruction of the hemp crop, hemp product, or hemp-infused product in a manner consistent with applicable State and federal law.
(b)To enforce the provisions of this chapter, the Secretary, upon presenting appropriate credentials, may conduct one or more of the following:
(1)Enter upon any premises where hemp is grown or processed and inspect premises, machinery, equipment and facilities, any crop during any growth phase, or any hemp product or hemp-infus
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(a) When notified of a hemp crop, hemp product, or hemp-infused product that has a delta-9 tetrahydrocannabinol concentration exceeding the applicable federally defined tetrahydrocannabinol concentration level of hemp, the person registered with the Secretary as growing or processing the hemp shall arrange for disposal, remediation, or destruction of the hemp crop, hemp product, or hemp-infused product in a manner consistent with applicable State and federal law.
(b) To enforce the provisions of this chapter, the Secretary, upon presenting appropriate credentials, may conduct one or more of the following:
(1) Enter upon any premises where hemp is grown or processed and inspect premises, machinery, equipment and facilities, any crop during any growth phase, or any hemp product or hemp-infused product during processing or storage. Inspection under this section may include the taking of samples, inspection of records, and inspection of equipment or vehicles used in the growing, processing, or transport of hemp crops, hemp products, or hemp-infused products.
(2) Inspect any retail location offering hemp products or hemp-infused products. Inspection under this section may include the taking of samples of such products.
(3) Issue and enforce a written or printed “stop sale” order to the owner or custodian of any hemp crop, hemp product, or hemp-infused product subject to the requirements of this chapter or rules adopted under this chapter that the Secretary finds is in violation of any of the provisions of this chapter or rules adopted under this chapter. An order may prohibit further sale, processing, and movement of the hemp crop, hemp product, or hemp-infused product until the Secretary has approved and issued a release from the “stop sale” order.
(A) This order should include the reason for being issued, a description of the crops or products at issue, instructions to separate all crops or products subject to the order, and any recommended measures to remedy the basis or bases for the order.
(B) A person issued a “stop sale” order may appeal that order to the Secretary within 15 days after receipt. The person shall file any appeal by serving a letter on the Secretary, which shall state all grounds for the appeal and identify the crops or products affected by the appeal.
(c) [Repealed.] (Added 2017, No. 143 (Adj. Sess.), § 7; 2019, No. 44, § 1, eff. May 30, 2019; amended 2021, No. 174 (Adj. Sess.), § 8, eff. July 1, 2022.)