Rule 40-32-2-.10 - Recordkeeping and Reporting Requirements(1) Licensee Recordkeeping and Reporting(a) Hemp grower licensees must maintain records of all hemp plants acquired, produced, handled, or disposed of or remediated as will substantiate all reports required for submission to USDA by the Department.(b) All records must be made available for inspection by the Department during reasonable business hours. Such records must include, but are not limited to, the following: 1. Records regarding acquisition of hemp;2. Records regarding all written agreements between hemp grower licensees and permittees, or out of state processors, governing their business relationship;3. Records regarding production and handling of hemp;4. Records regarding hemp sampling and testing analyses;5. Records regarding storage of hemp;6. Records regarding the transfer, remediation, and disposal of hemp; and7. Records regarding remediation or disposal of all cannabis plants exceeding the total delta-9-THC concentration legal limit.(c) Planting Report1. Each hemp grower licensee must submit a planting report to the Department within 30 days of planting a lot of hemp. The planting report must be submitted through the Department's website used for administering licenses, and will include the following information for each lot of hemp planted:(i) Street address and geospatial location of each lot, covered growing facility, or site where hemp will be produced;(ii) Total acreage or square footage of hemp planted;(iii) Varietal or cultivar of hemp planted;(v) Intended end use of the hemp planted (i.e., - seed, fiber, food, or cannabinoids);(vi) Expected harvest date; and(vii) Source of propagative material (i.e., - from where the hemp grower licensee obtained its seeds, cuttings, clones, or seedlings).2. The Department may, but is not required to, aggregate Planting Report data and prepare a report of plantings on an anonymized basis. No hemp grower licensee may receive a copy of the Department's report unless that hemp grower licensee submitted a Planting Report for each of its planted lots.(d) Annual Report 1. Each hemp grower licensee must submit an annual report to the Department. The report form must be submitted by November 30 of each year and contain the following information: (i) Hemp grower licensee's name;(ii) Hemp grower licensee's address;(iii) Hemp grower license number;(iv) Street address and geospatial location of each lot, covered growing facility, or site where hemp will be produced;(v) Acreage dedicated to the production of hemp, or covered growing facility square footage dedicated to the production of hemp; and(vi) Total acreage of hemp planted, harvested, remediated and disposed.2. The Department will report all information collected in the Annual Report to AMS as required by USDA.(e) Reporting to FSA Required 1. All hemp grower licensees must report hemp crop acreage with FSA and must provide, at minimum, the following information to FSA:(ii) Total acreage of hemp planted, harvested, remediated and disposed;(iii) Hemp grower license number;(v) Geospatial location of each lot, covered growing facility, or site where hemp will be produced. All locations where hemp is produced must be reported to FSA; and(vi) Acreage of covered growing facility square footage dedicated to the production of hemp.(f) All records and reports must be kept and maintained by the hemp grower licensee for not less than three calendar years and in a manner such that they can be readily provided to the Department upon request.(2) Department Recordkeeping and Reporting (a) The Department will maintain all relevant records and information regarding hemp grower licensees and land on which hemp is produced in Georgia, including a legal description of the land, for a period of not less than three calendar years.(b) The Department will collect, maintain, and report to USDA via fax, certified mail, email, or other method deemed acceptable by USDA the following contact and real-time information for each hemp grower licensee in Georgia:1. The contact information of each hemp grower licensee collected pursuant to GA. Comp. R. & Reg. r. 40-32-2-.01.2. A legal description of the land on which hemp is grown including its geospatial location; and3. The status of licensed hemp growers (and any changes) and hemp grower license number.(c) By the first of each month, and not more than thirty (30) days after receipt, the Department will provide the following information to the United States Secretary of Agriculture or the Secretary's designee in a format that is compatible with USDA's Information Sharing System whenever possible. If the first of the month falls on a weekend or holiday, the report will be submitted by the first business day following the due date: 1. Hemp Grower Report, which will contain the following:(i) For each new hemp grower licensee who is an individual and is licensed under the Georgia Hemp Plan, the report will include the full name of the individual; hemp grower license number; business address; telephone number; email address (if available); the legal description of the land on which the hemp grower licensee will produce hemp including, to the extent practicable, its geospatial location; and the scope of activity authorized;(ii) For each new hemp grower licensee that is an entity and is licensed under the Georgia Hemp Plan, the report will include the full name of the entity; the principal business location address; EIN number; hemp grower license number; the full name, title, and email address (if available) of each person for whom the entity is required to submit a criminal history record report; the legal description of the land on which the hemp grower licensee will produce hemp including, to the extent practicable, its geospatial location; and the scope of activity authorized;(iii) For each hemp grower licensee that was included in a previous report and whose reported information has changed, the report will include the previously reported information and the new information;(iv) The status of each hemp grower's license;(v) The period covered by the report; and(vi) Indication that there were no changes during the current reporting cycle, if applicable.2. Hemp Disposal or Remediation Report, which will contain the following: (i) Name and contact information of the hemp grower licensee;(ii) Hemp grower license number;(iii) Location information, such as lot number, location type, and geospatial location or other location descriptor for the production area subject to disposal;(iv) A copy of the respective test results;(v) Information on the agent handling the disposal, as applicable;(vi) Disposal or remediation completion date; and(vii) Total acreage disposed or remediated.(d) Annual Report 1. The Department will submit an annual report to USDA. The report form will be submitted by December 15 of each year and contain the following information: (i) Total planted acreage;(ii) Total harvested acreage; and(iii) Total acreage disposed and remediated.(e) Test Results Report 1. The Department will promptly notify USDA by certified mail or electronically of any occurrence of cannabis plants or plant material that do not meet the definition of hemp and will attach copies of analytical test results as well as records demonstrating appropriate disposal of all of those plants and materials in the lot from which the representative samples were taken.Ga. Comp. R. & Regs. R. 40-32-2-.10
O.C.G.A. §§ 2-2-9; 2-23-1 et seq.
Original Rule entitled "Recordkeeping and Reporting Requirements" adopted. F. Feb. 10, 2020; eff. Mar. 1, 2020.Amended: F. Jan. 19, 2022; eff. Feb. 8, 2022.Amended: F. Sept. 11, 2024; eff. Oct. 1, 2024.