§ 568. Test results; enforcement
(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(c) [Repealed.]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.)