Section 195.749

Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

Effective - 28 Aug 2018, 3 histories, see footnote   (history) 

  195.749.  Registration and permit, revocation, refusal to issue, refusal to renew, when — penalty, amount. — 1.  The department may revoke, refuse to issue, or refuse to renew an industrial hemp registration or agricultural hemp seed production permit and may impose a civil penalty of not less than two thousand five hundred dollars or more than fifty thousand dollars for violation of:

  (1)  A registration or permit requirement, term, or condition;

  (2)  Department rules relating to growing or handling industrial hemp;

  (3)  Any industrial hemp plant monitoring system requirement; or

  (4)  A final order of the department that is specifically directed to the grower's or handler's industrial hemp operations or activities.

  2.  A registration or permit shall not be issued to a person who in the five years immediately preceding the application date has been found guilty of, or pled guilty to, a felony offense under any state or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance.

  3.  The department may revoke, refuse to issue, or refuse to renew an industrial hemp registration or an agricultural hemp seed production permit for failing to comply with any provision of this chapter, or for a violation of any department rule relating to agricultural operations or activities other than industrial hemp growing or handling.

  4.  The department shall refuse to issue an industrial hemp registration or agricultural hemp seed permit to any applicant if approving such registration or permit would authorize the growth or cultivation of industrial hemp or agricultural hemp seed on a plot of land that is less than ten acres or more than forty acres by any single registrant or permittee, or over two thousand acres of land statewide among all registrants or permittees, notwithstanding the twenty-acre limitation for institutions of higher education set forth in section 195.767.

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(L. 2018 H.B. 2034)