Current through Register Vol. XLI, No. 45, November 8, 2024
Section 61-30-5 - Registration to distribute and sell hemp products5.1. All retail facilities, including online domains and websites are required to register with the Department to sell hemp products in West Virginia.5.2. Application to sell and distribute hemp products shall be made to the Department on a form provided by the Department and shall include the following information: 5.2.a. Name and address of the applicant's retail store; or, if the applicant is selling at an on-line store, this must be indicated on the form;5.2.b. Name and home address of the responsible party;5.2.c. The associated registration fee.5.3. A registration fee of $100.00 shall be paid to the Department with the submission for application to sell and distribute hemp products in West Virginia.5.4. A registration fee shall be paid annually. Registrations shall expire on December 31 of the year for which the registration was issued, regardless of the date the registration is received.5.5. Registrations shall be due on January 1 annually.5.6. Retail establishments that sell only products that they manufacture themselves are exempt from the requirement to pay the fee to distribute, but are not exempt from the requirement to register annually. 5.6.a. Retail establishments that solely sell products that are defined under subsection 2.10 of this rule are exempt from registration.5.6.b. Hemp retail registrations that come from a foreign entity shall be required to pay a foreign check fee of $35.00.5.6.c. Retail registration excludes restaurant sales for the on-site consumption of foods and drinks containing hemp or hemp derived products. Restaurants selling take-home products are not exempt from registering as a hemp seller.5.7. The Department may deny or delay registrations for incomplete applications.5.8. Retail facilities that register with the Department will be provided a verification document, in the form of a certificate or otherwise, for display at the retail location, which will indicate that the retail facility is an authorized location for the sale and/or distribution of hemp products.5.9. A distributor of hemp products that does not itself engage in retail sales is not required to register under this section.5.10 The Department may revoke the registration of a retail facility to sell hemp products if it determines they the facility has sold products to individuals not meeting requirements of subsection 7.14 of this rule.