N.J. Admin. Code § 2:25-6.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 2:25-6.1 - Negligent violations

(a) The Department shall require a hemp producer to comply with a Corrective Action Plan for any negligent violation of this chapter. A Corrective Action Plan established by the Department to correct the negligent violation may include, but is not limited to:

1. A date by which the hemp producer shall correct the negligent violation;

2. The steps necessary to come into compliance; and

3. A requirement that the hemp producer shall periodically report its compliance measures to the Department for a period of not less than the next two calendar years from the date of the negligent violation. The Department shall perform inspections as necessary.

(b) Negligent violations may include, but are not limited to:

1. Failing to provide a legal description of land on which the producer produces hemp;

2. Failing to obtain a license or other required authorization from the Department;

3. Producing Cannabis sativa L. with a delta-9 THC concentration of more than 1.0 percent on a dry weight basis or any revised limit established at 7 CFR Part 990 , or failing to make reasonable efforts to grow compliant hemp; and/or

4. Failing to comply with any reporting requirements set forth in this chapter.

(c) Hemp that is determined to have a delta-9 THC concentration of greater than 0.3 percent on a dry weight basis, but equal to or less than 0.5 percent on a dry weight basis, must be destroyed in accordance with the CSA and Drug Enforcement Agency (DEA) regulations at 21 CFR 1317.15 as enforced by Federal, State, and local law enforcement, even though it does not constitute a negligent violation pursuant to (b) above.

(d) A hemp producer that is found to have negligently violated the Program shall not be subject to any criminal enforcement action by this State.

(e) A hemp producer that has been found to have negligently violated the Program three times in a five-year period shall be ineligible to produce hemp in this State for a period of five years beginning on the date of the third violation.

(f) The Department may issue civil administrative penalties for violations of this chapter pursuant to N.J.A.C. 2:25-6.3.

(g) A hemp producer may appeal any adverse determination rendered by the Department in accordance with N.J.A.C. 2:25-6.4.

N.J. Admin. Code § 2:25-6.1

Amended by 54 N.J.R. 903(a), effective 5/16/2022