Section 901:14-2-02 - Processing license(A) No person shall process hemp without a hemp processing license issued by the department.(B) Hemp processing licenses are valid for a period of three years provided that the licensee is compliant with Chapter 928. of the Revised Code and this chapter.(C) Hemp processing licenses shall be renewed every three years by complying with the rules of this paragraph, including obtaining the required background check(s) as outlined in rule 901:14-2-05 of the Administrative Code.(D) The department may only issue a hemp processing license if the applicant has: (1) Submitted a complete application as outlined in rule 901:14-2-03 of the Administrative Code;(2) Submitted both the application fee, if during the first year of licensure, and the annual license fee as outlined in rule 901:14-2-04 of the Administrative Code;(3) Completed the required background check(s) as outlined in rule 901:14-2-05 of the Administrative Code and the applicant and no key participant of the business entity has, within the last ten years, plead guilty to or been convicted of a disqualify offense.(4) Successfully passed the initial facility inspection performed by the department to determine that the facility is in compliance with Chapter 928. of the Revised Code and this chapter.(E) Prior to years two and three of the license period, licensees shall remit the annual license fee to the department.(F) Any licensee or key participant in the business entity who, during the time of licensure, pleads guilty to or is convicted of a disqualifying offense shall have their license revoked or suspended by the department if the licensee or key participant is not removed from the entity within thirty days from the date of plea or conviction.(G) A processing license is valid only for the individual or business entity, and the key participants in the business entity, for which it is issued. A processing license may only be transferred or assigned if:(1) The licensee notifies the department in writing of the proposed transfer or key participant change;(2) The licensee ensures that the background checks as outlined in rule 901:14-2-05 of the Administrative Code have been completed; and(3) The licensee can demonstrate that the licensee will remain in compliance with this chapter.(H) A processing license is valid only for the facility which was inspected at the time of original licensure.(I) The following are not required to obtain a processing license under this chapter: (1) A university who has been specifically authorized by the director to process hemp for research purposes.(2) Any person who is a subordinate employee or immediate family member of the licensed processor so long as these individuals are acting under the instructions and control of the licensed processor within the licensed facility. Any actions taken by these individuals shall be the responsibility of the licensed processor.Ohio Admin. Code 901:14-2-02
Effective: 1/31/2020
Five Year Review (FYR) Dates: 01/31/2025
Promulgated Under: 119.03
Statutory Authority: 928.03
Rule Amplifies: 928.02, 928.04