CSV.8.7.010 Procedures for Disposal or Remediation of Non-Compliant Hemp

(a) Any Cannabis sativa L. that is required by the Agricultural Division to be destroyed pursuant to the provisions of this ordinance shall be destroyed under the supervision of the Agricultural Division.

(b) Non-complaint hemp that tests higher than the acceptable THC level, constitutes marijuana, which is a schedule I controlled substance under the Controlled Substances Act 21 U.S.C § 801 et. seq.

(c) If Cannabis sativa L.in a Registered Land Area is determined by the Agricultural Division to have total Delta-9-THC concentration of greater than .3% on a dry weight basis, the Cannabis sativa L. shall be promptly disposed of and destroyed, or remediated.

(d) The following procedures shall be used in disposal, destruction, and/or remediation:

(1) The Licensee will be promptly notified;

(2) The U.S. Department of Agriculture will be promptly notified;

(3) The Cannabis sativa L. from this Registered Land Area may not be further handled, processed or enter the stream of commerce unless it is remediated in conformance with this ordinance;

(4) No later than thirty (30) days from the Agricultural Division's determination, all Cannabis sativa L. will be disposed of on-site in a manner approved of and verified by the Agricultural Division and in accordance with applicable federal law and regulations;

(5) The Agricultural Division and/or Tribal Law Enforcement shall be present for the on-site disposal;

(6) The Licensee shall be present and/or observe the handling of the Cannabis sativa L. during the disposal until it is rendered non-retrievable. The disposal shall be conducted by a person or entity authorized by the Agricultural Division;

(7) The Licensees shall notify the Agricultural Division of the method of disposal or remediation, the completion date, and the total acreage destroyed or remediated.

(8) Hemp stalks (denuded) may be harvested, processed and used for fiber and/or any other lawful purpose, to the extent permitted by federal law if the hemp stalks have been retested and found contain an acceptable hemp THC level; and

(9) Hemp Seed may be harvested, processed, and rendered non-viable for food products, provided it is permitted by federal law and the hemp seed has been retested and found to contain an acceptable hemp THC level; and

(10) All other Cannabis sativa L. must be destroyed on the Registered Land Area in a manner approved of and verified by the Agricultural Division and the USDA.

(e) The Agricultural Division shall have the authority to require any other procedures required by 21 C.F.R. § 1317.15(c)(3).

(f) The Licensee shall be responsible for the cost of crop destruction.

(g) The Agricultural Division may order a different method of remediation than proposed by the Licensee.

(h) Upon disposal or remediation of any Cannabis sativa L. under this provision, the Agricultural Division shall prepare written certification of the crop destruction/disposition, give a copy of the certification to the Licensee and applicable law enforcement agencies, and shall maintain records of the destruction/disposition for a minimum of three (3) calendar years.

(i) The Agricultural Division will prepare a hemp disposal report for the U.S. Department of Agriculture pursuant to the requirements of Section CSV.8.11.010(d) of this ordinance and to 7 C.F.R. § 990.71 and submit it via the HeMP online system.