Nev. Rev. Stat. § 557.200

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 557.200 - Registration as grower, handler or producer; submission of application; establishment of provisions for transfer of registration and fees by regulation; fingerprints or background check
1. A person shall not grow or handle hemp or produce agricultural hemp seed unless the person is registered with the Department as a grower, handler or producer, as applicable.
2. A person who wishes to grow or handle hemp must register with the Department as a grower or handler, as applicable.
3. A person who wishes to produce agricultural hemp seed must register with the Department as a producer unless the person is:
(a) A grower registered pursuant to subsection 2 who retains agricultural hemp seed solely pursuant to subsection 3 of NRS 557.250; or
(b) A grower or handler registered pursuant to subsection 2 who processes seeds of any plant of the genus Cannabis which are incapable of germination into commodities or products.

A person may not register as a producer unless the person is also registered as a grower or handler.

4. A person who wishes to register with the Department as a grower, handler or producer must, on or before July 1 of any year, submit to the Department the fee established pursuant to subsection 8 and an application, on a form prescribed by the Department, which includes:
(a) The name and address of the applicant;
(b) The name and address of the applicant's business in which hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant;
(c) Information concerning the land and crop management practices of the applicant; and
(d) Such other information as the Department may require by regulation.
5. Registration as a grower, handler or producer expires on December 31 of each year and may be renewed upon submission of an application for renewal containing:
(a) Proof satisfactory to the Department that the applicant complied with the provisions of this chapter and the regulations adopted pursuant thereto relating to testing of hemp;
(b) Proof satisfactory to the Department that the land and crop management practices of the applicant are adequate, consistent with any previous information submitted to the Department and do not negatively affect natural resources; and
(c) Such other information as the Department may require by regulation.
6. A grower, handler or producer who intends to surrender or not renew a registration must notify the Department not less than 30 days before the registration is surrendered or expires and submit to the Department a plan for the effective disposal or eradication of any existing live plants, viable seed or harvested crop.
7. The Department shall adopt regulations that authorize the transfer of a registration as a grower, handler or producer and establish conditions for such a transfer. The regulations must include, without limitation, provisions which allow a grower, handler or producer which changes its business name or the ownership of the grower, handler or producer to transfer its registration to the new entity.
8. The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or producer and for any other service performed by the Department in an amount necessary to cover the costs of carrying out this chapter.
9. For the purpose of demonstrating compliance with 7 C.F.R. § 990.6, each applicant to register as a grower, handler or producer or to transfer such a registration must submit with his or her application a complete set of the applicant's fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints of the applicant.
10. In lieu of submitting a complete set of his or her fingerprints and written permission pursuant to subsection 9, an applicant may, in accordance with regulations adopted by the Department, submit any document or other information required by the Department to perform a background check of the applicant to verify the eligibility of the applicant in accordance with 7 C.F.R. § 990.6.

NRS 557.200

Added to NRS by 2017, 1344; A 2019, 2352, 2584; 2021, 704
Amended by 2021, Ch. 156,§1, eff. 5/27/2021.
Amended by 2019, Ch. 414,§9, eff. 7/1/2019.
Amended by 2019, Ch. 374,§10, eff. 7/1/2019.
Added to NRS by 2017, Ch. 259, § 12