Rule 40-32-3-.06 - Disposal of Non-Compliant Hemp Products(1)Disposal of Non-Compliant Hemp Products. (a) Non-compliant hemp products exceeding the total delta-9-THC concentration legal limit constitute marijuana, a controlled substance under Georgia and Federal law.(b) Non-compliant hemp products exceeding the total delta-9-THC concentration legal limit must be disposed of in accordance with the CSA and DEA regulations found at 21 CFR 1317.15 by a reverse distributor.(c) The permittee must immediately notify the Department via email to hemp@agr.georgia.gov any time analytical testing determines that non-compliant hemp products exceed the total delta-9-THC concentration legal limit.(d) Upon notice and confirmation that a non-compliant hemp product has exceeded the total delta-9-THC concentration legal limit, the Department will issue an Order of Disposal requiring all non-compliant hemp products in the same product lot to be disposed within a reasonable time to be determined by the Department.(e) The permittee will be responsible for arranging disposal.(f) The permittee will be responsible for all costs and fees associated with the disposal of cannabis exceeding the total delta-9-THC concentration legal limit. No compensation will be owed by the Department to the permittee for any such disposal.(g) Non-compliant hemp products subject to disposal must not be removed from the permitted facility or from any other area where such hemp is being processed, handled, or stored, other than transport to a reverse distributor or in the course of another acceptable disposal method.(h) Within 14 days of the date of completion of disposal, the processor must submit a "Disposal Report" form to the Department, which must contain the following information: 1. Name and address of the permittee;2. Georgia processor permit number;3. Information on the reverse distributor agent handling the disposal, or other method of disposal;4. Date of completion of disposal;5. Signature of the permittee; and6. Reverse distributor or other disposal agent certification of completion of the disposal.(2)Disposal of Non-Compliant Hemp Products Not Exceeding the Total Delta-9-THC Concentration Legal Limit. Consumable hemp products that fail to comply with the requirements in Subject 40-32-5, other than the total delta-9-THC concentration legal limit, shall be disposed of in any manner provided in this Chapter.Ga. Comp. R. & Regs. R. 40-32-3-.06
O.C.G.A. §§ 2-2-9; 2-23-1 et seq.
Original Rule entitled "Disposal of Non-Compliant Cannabis Products" adopted. F. Feb. 10, 2020; eff. Mar. 1, 2020.Amended: F. Jan. 19, 2022; eff. Feb. 8, 2022.Amended: New title, "Disposal of Non-Compliant Hemp Products." F. Sept. 11, 2024; eff. Oct. 1, 2024.