38-35-11. Promulgation of rules--Fees.

The department shall promulgate rules, pursuant to chapter 1-26, to:

(1)    Establish application, application form, licensure, and renewal procedures;

(2)    Establish requirements to prevent the spread of hemp and hemp seeds from licensed land areas and provide for the assessment of costs for the remediation thereof;

(3)    Establish criteria and procedures for denial, revocation, or suspension of a license under this chapter;

(4)    Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United States Department of Agriculture;

(5)    Establish a nonrefundable annual license application fee not to exceed fifty dollars, a non-refundable annual grower license fee not to exceed five hundred dollars, a non-refundable annual research grower license fee not to exceed one hundred dollars, and a non-refundable annual processor license fee not to exceed two thousand dollars;

(6)    Establish procedures for the collection of planting and harvest data for each lot;

(7)    Establish rules for corrective action for negligent and culpable violations of this chapter;

(8)    Establish transportation documentation requirements;

(9)    Establish inspection procedures and requirements, a grower inspection fee per lot not to exceed two hundred fifty dollars, a research inspection fee per lot not to exceed two hundred fifty dollars, a remediation fee not to exceed one hundred dollars per hour, and a processor inspection fee per any processor location not to exceed five hundred dollars; and

(10)    Establish sampling and testing procedures to determine if the hemp tested and sampled contains the lawful amount of total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent.

Source: SL 2020, ch 176, § 11, eff. Mar. 27, 2020; SL 2022, ch 155, § 11, eff. Mar. 18, 2022.