cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
30 rows where part_number = 990 and title_number = 7 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name, amendment_citations
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:8.1.1.1.31.1.478.1 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | A | Subpart A—Definitions | § 990.1 Meaning of terms. | AMS | [86 FR 5680, Jan. 19, 2021, as amended at 88 FR 82236, Nov. 24, 2023] | Words used in this subpart in the singular form shall be deemed to impart the plural, and vice versa, as the case may demand. For the purposes of provisions and regulations of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: Acceptable hemp THC level. When a laboratory tests a sample, it must report the total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis and the measurement of uncertainty. The acceptable hemp THC level for the purpose of compliance with the requirements of State or Tribal hemp plans or the USDA hemp plan is when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3 percent or less. For example, if the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35 percent and the measurement of uncertainty is ±0.06 percent, the measured total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29 percent to 0.41 percent. Because 0.3 percent is within the distribution or range, the sample is within the acceptable hemp THC level for the purpose of plan compliance. This definition of “acceptable hemp THC level” affects neither the statutory definition of hemp, 7 U.S.C. 1639o(1), in the 2018 Farm Bill nor the definition of “marihuana,” 21 U.S.C. 802(16), in the CSA. Act. Agricultural Marketing Act of 1946. Agricultural Marketing Service or AMS. The Agricultural Marketing Service of the U.S. Department of Agriculture. Applicant. (1) A State or Indian Tribe that has submitted a State or Tribal hemp production plan to USDA for approval under this part; or (2) A producer in a State or territory of an Indian Tribe that is not subject to a State or Tribal hemp production plan and who has submitted an application to USDA for a license under the USDA hemp producti… | ||||
| 7:7:8.1.1.1.31.2.478.1 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | B | Subpart B—State and Tribal Hemp Production Plans | § 990.2 State and Tribal plans; General authority. | AMS | States or Indian Tribes desiring to have primary regulatory authority over the production of hemp in the State or territory of the Indian Tribe shall submit to the Secretary for approval, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a plan under which the State or Indian Tribe monitors and regulates that production. | |||||
| 7:7:8.1.1.1.31.2.478.2 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | B | Subpart B—State and Tribal Hemp Production Plans | § 990.3 State and Tribal plans; Plan requirements. | AMS | [86 FR 5680, Jan. 19, 2021, as amended at 88 FR 82236, Nov. 24, 2023] | (a) General requirements. A State or Tribal plan submitted to the Secretary for approval must include the practice and procedures described in this paragraph (a). (1) A State or Tribal plan must include a practice to collect, maintain, and report to the Secretary relevant, real-time information for each producer licensed or authorized to produce hemp under the State or Tribal plan regarding: (i) Contact information as described in § 990.70(a)(1); (ii) A legal description of the land on which the producer will produce hemp in the State or territory of the Indian Tribe including, to the extent practicable, its geospatial location; and (iii) The status and number of the producer's license or authorization in a format prescribed by USDA. (2) A State or Tribal plan must include a procedure for accurate and effective sampling of hemp that includes the requirements in this paragraph (a)(2). (i) Samples from cannabis plants must be collected within 30 days prior to the anticipated harvest, for total delta-9 tetrahydrocannabinol concentration level testing. Samples must be collected by a sampling agent. Producers may not collect samples from their own growing facilities. (ii) Samples shall be obtained from the flowering tops of plants when flowering tops are present, and shall be approximately five to eight inches in length from the “main stem” (that includes the leaves and flowers), “terminal bud” (that occurs at the end of a stem), or “central cola” (cut stem that could develop into a bud) of the flowering top of the plant. (iii) The method used for sampling must be sufficient at a confidence level of 95 percent that no more than one percent of the plants in each lot would exceed the acceptable hemp THC level and ensure that a representative sample is collected that represents a homogeneous composition of the lot. Alternatively, States and Tribes may adopt a performance-based method that meets the requirements in paragraphs (a)(2)(iii)(A) and (B) of this section. (A) The alternative method must be part of the… | ||||
| 7:7:8.1.1.1.31.2.478.3 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | B | Subpart B—State and Tribal Hemp Production Plans | § 990.4 USDA approval of State and Tribal plans. | AMS | (a) General authority. No later than 60 calendar days after the receipt of a State or Tribal plan for a State or Tribal territory in which production of hemp is legal, the Secretary shall: (1) Approve the State or Tribal plan only if the State or Tribal plan complies with this part; or (2) Disapprove the State or Tribal plan if the plan does not comply with this part. USDA shall provide the State or Tribe with written notification of the disapproval and the cause for the disapproval. (b) Amended plans. A State or Tribal government, as applicable, must submit to the Secretary an amended plan if: (1) The Secretary disapproves a State or Tribal plan and the State or Indian Tribe wishes to have primary regulatory authority over hemp production within its State or territory of the Indian Tribe; or (2) The State or Indian Tribe makes substantive revisions to its plan or its laws which alter the way the plan meets the requirements of this part. If this occurs, the State or Tribal government must re-submit the revised plan for USDA approval. Such re-submissions should be provided to USDA within 60 days from the date that the State or Tribal laws and regulations are effective. Producers shall continue to comply with the requirements of the existing plan while such modifications are under consideration by USDA. If State or Tribal government laws or regulations in effect under the USDA-approved plan change but the State or Tribal government does not submit a revised plan within 60 days from the effective date of the new law or regulation, the existing plan is revoked. (3) USDA approval of State or Tribal government plan shall remain in effect unless an amended plan must be submitted to USDA because of a substantive revision to a State's or Tribe's plan, a relevant change in State or Tribal laws or regulations, or approval of the plan is revoked by USDA. (4) Upon USDA approval of a Tribal plan, an Indian Tribe may exercise jurisdiction and therefore primary regulatory authority over all production of hemp in its T… | |||||
| 7:7:8.1.1.1.31.2.478.4 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | B | Subpart B—State and Tribal Hemp Production Plans | § 990.5 Audit of State or Tribal plan compliance. | AMS | The Secretary may conduct an audit to determine a State or Indian Tribe's compliance with their approved plan. (a) Frequency of audits. Compliance audits may be scheduled, no more frequently than every three years, based on available resources. Audits may include an onsite-visit, a desk-audit, or both. The USDA may adjust the frequency of audits if deemed appropriate based on program performance, compliance issues, or other relevant factors identified and provided to the State or Tribal governments by USDA. (b) Scope of audit review. The audit may include, but is not limited to, a review of the following: (1) The resources and personnel employed to administer and oversee its approved plan; (2) The process for licensing and systematic compliance review of hemp producers; (3) Sampling methods and laboratory testing requirements and components; (4) Disposal and/or remediation of non-compliant hemp plants or hemp plant material practices, to ensure that correct reporting to the USDA has occurred; (5) Results of and methodology used for the annual inspections of producers; and (6) Information collection procedures and information accuracy ( i.e., geospatial location, contact information reported to the USDA, legal description of land). (c) Audit reports. (1) Audit reports will be issued to the State or Tribal government no later than 60 days after the audit concludes. If the audit reveals that the State or Tribal government is not in compliance with its USDA approved plan, USDA will advise the State or Indian Tribe of non-compliances and the corrective measures that must be completed to come into compliance with the Act and regulations in this part. The USDA will require the State or Indian Tribe to develop a corrective action plan, which must be reviewed and approved by the USDA. The corrective action plan must include a reasonable date by which the State or Indian Tribe will correct make corrections. USDA will approve or deny the corrective action plan within 60 days of its receipt. USDA will conduct… | |||||
| 7:7:8.1.1.1.31.2.478.5 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | B | Subpart B—State and Tribal Hemp Production Plans | § 990.6 Violations of State and Tribal plans. | AMS | (a) Producer violations. Producer violations of USDA-approved State and Tribal hemp production plans shall be subject to enforcement in accordance with the terms of this section. (b) Negligent violations. Each USDA-approved State or Tribal plan shall contain provisions relating to negligent producer violations as defined under this part. Producers shall not receive more than one negligent violation per growing season. Negligent violations shall include: (1) Failure to provide a legal description of land on which the producer produces hemp; (2) Failure to obtain a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or (3) Production of cannabis with a total delta-9 tetrahydrocannabinol concentration exceeding the acceptable hemp THC level. Hemp producers do not commit a negligent violation under this paragraph (b)(3) if they make reasonable efforts to grow hemp and the cannabis (marijuana) does not have a total delta-9 tetrahydrocannabinol concentration of more than 1.0 percent on a dry weight basis. (c) Corrective action for negligent violations. Each USDA-approved State or Tribal plan shall provide for the correction of negligent violations. Each corrective action plan shall include, at a minimum, the following terms: (1) A reasonable date by which the producer shall correct the negligent violation. (2) A requirement that the producer periodically report to the State department of agriculture or Tribal government, as applicable, on its compliance with the State or Tribal plan and corrective action plan for a period of not less than the next 2 years from the date of the negligent violation. (3) A producer that negligently violates a State or Tribal plan approved under this part shall not as a result of that violation be subject to any criminal enforcement action by the Federal, State, Tribal, or local government. (4) A producer that negligently violates a State or Tribal plan three times during a 5-year period shall be ineligible to … | |||||
| 7:7:8.1.1.1.31.2.478.6 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | B | Subpart B—State and Tribal Hemp Production Plans | § 990.7 Establishing records with USDA Farm Service Agency. | AMS | All producers licensed to produce hemp under an USDA-approved State or Tribal plan shall report hemp crop acreage to FSA and shall provide, at minimum, the following information: (a) Street address and, to the extent practicable, geospatial location for each lot or greenhouse where hemp will be produced. If an applicant operates in more than one location, or is producing under multiple licenses, production information shall be provided for each location. (b) Acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp. (c) License or authorization identifier in a format prescribed by USDA. | |||||
| 7:7:8.1.1.1.31.2.478.7 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | B | Subpart B—State and Tribal Hemp Production Plans | § 990.8 Production under Federal law. | AMS | Nothing in this subpart prohibits the production of hemp in a State or the territory of an Indian Tribe for which a State or Tribal plan is not approved under this subpart if produced in accordance with subpart C of this part, and if the production of hemp is not otherwise prohibited by the State or Indian Tribe. | |||||
| 7:7:8.1.1.1.31.3.478.1 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.20 USDA requirements for the production of hemp. | AMS | (a) General hemp production requirements. The production of hemp in a State or territory of an Indian Tribe where there is no USDA approved State or Tribal plan must be conducted in accordance with this subpart, provided that the production of hemp is not prohibited by the State or territory of an Indian Tribe where production will occur. (b) Convicted felon ban. A person with a State or Federal felony conviction relating to a controlled substance is subject to a 10-year ineligibility restriction on participating in and producing hemp under the USDA plan from the date of the conviction. An exception applies to a person who was lawfully growing hemp under section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) before December 20, 2018, and whose conviction also occurred before that date. (c) Falsifying material information on application. Any person who materially falsifies any information contained in an application for a license under the USDA plan shall be ineligible to participate in the USDA plan. | |||||
| 7:7:8.1.1.1.31.3.478.10 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.29 Violations. | AMS | Violations of this part shall be subject to enforcement in accordance with the terms of this section. (a) Negligent violations. Hemp producers are not subject to more than one negligent violation per calendar year. A hemp producer shall be subject to enforcement for negligently: (1) Failing to provide an accurate legal description of land where hemp is produced; (2) Producing hemp without a license; and (3) Producing cannabis exceeding the acceptable hemp THC level. Hemp producers do not commit a negligent violation under this paragraph (a) if they make reasonable efforts to grow hemp and the cannabis does not have a total THC concentration of more than 1.0 percent on a dry weight basis. (b) Corrective action for negligent violations. For each negligent violation, USDA will issue a Notice of Violation and require a corrective action plan from the producer. The producer shall comply with the corrective action plan to cure the negligent violation. Corrective action plans will be in place for a minimum of two (2) years from the date of their approval. Corrective action plans will, at a minimum, include: (1) The date by which the producer shall correct each negligent violation; (2) Steps that will be taken to correct each negligent violation; and (3) A description of the procedures that will demonstrate compliance must be submitted to USDA. (c) Negligent violations and criminal enforcement. A producer who negligently violates this part shall not, as a result of that violation, be subject to any criminal enforcement action by any Federal, State, Tribal, or local government. (d) Subsequent negligent violations. If a subsequent negligent violation occurs while a corrective action plan is in place, a new corrective action plan must be submitted with a heightened level of quality control, staff training, and quantifiable action measures. (e) Negligent violations and license revocation. A producer that negligently violates the license 3 times in a 5-year period shall have their license revoked and be i… | |||||
| 7:7:8.1.1.1.31.3.478.11 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.30 USDA producers; License suspension. | AMS | (a) USDA may issue a notice of suspension to a producer if USDA or its representative receives some credible evidence establishing that a producer has: (1) Engaged in conduct violating a provision of this part; or (2) Failed to comply with a written order from the USDA-AMS Administrator related to negligence as defined in this part. (b) Any producer whose license has been suspended shall not handle or remove hemp or cannabis from the location where hemp or cannabis was located at the time when USDA issued its notice of suspension, without prior written authorization from USDA. (c) Any person whose license has been suspended shall not produce hemp during the period of suspension. (d) A producer whose license has been suspended may appeal that decision in accordance with subpart D of this part. (e) A producer whose license has been suspended and not restored on appeal may have their license restored after a waiting period of one year from the date of the suspension. If the license was issued more than three years prior to the date of restoration, the producer shall submit a new application and criminal history report to USDA. (f) A producer whose license has been suspended may be required to provide, and operate under, a corrective action plan to fully restore their license. | |||||
| 7:7:8.1.1.1.31.3.478.12 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.31 USDA licensees; Revocation. | AMS | USDA shall immediately revoke the license of a USDA licensee if such licensee: (a) Pleads guilty to, or is convicted of, any felony related to a controlled substance; or (b) Made any materially false statement with regard to this part to USDA or its representatives with a culpable mental state greater than negligence; or (c) Is found to be growing cannabis exceeding the acceptable hemp THC level with a culpable mental state greater than negligence or negligently violated this part three times in five years. | |||||
| 7:7:8.1.1.1.31.3.478.13 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.32 Recordkeeping requirements. | AMS | (a) USDA licensees shall maintain records of all hemp plants acquired, produced, handled, disposed of, or remediated as will substantiate the required reports. (b) All records and reports shall be maintained for at least three years. (c) All records shall be made available for inspection by USDA inspectors, auditors, or their representatives during reasonable business hours. The following records must be made available: (1) Records regarding acquisition of hemp plants; (2) Records regarding production and handling of hemp plants; (3) Records regarding storage of hemp plants; and (4) Records regarding disposal and remediation of all cannabis plants that do not meet the definition of hemp. (d) USDA inspectors, auditors, or their representatives shall have access to any premises where hemp plants may be held during reasonable business hours. (e) All reports and records required to be submitted to USDA as part of participation in the program in this part which include confidential data or business information, including but not limited to information constituting a trade secret or disclosing a trade position, financial condition, or business operations of the particular licensee or their customers, shall be received by, and at all times kept in the custody and control of, one or more employees of USDA or their representatives. Confidential data or business information may be shared with applicable Federal, State, Tribal, or local law enforcement or their designee in compliance with the Act. | |||||
| 7:7:8.1.1.1.31.3.478.2 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.21 USDA hemp producer license. | AMS | (a) General application requirements —(1) Requirements and license application. Any person producing or intending to produce hemp must have a valid license prior to producing hemp. A valid license means the license is unexpired, unsuspended, and unrevoked. (2) Application dates. Applicants may submit an application for a license at any time. (3) Required information on application. The applicant shall provide the information requested on the application form, including: (i) Contact information. Full name, residential address, telephone number, and email address. If the applicant is a business entity, the full name of the business, the principal business location address, full name and title of the key participants, title, email address (if available), and employer identification number (EIN) of the business; and (ii) Criminal history report. A current criminal history report for an individual, or if the applicant is a business entity, all key participants, dated within 60 days of the application submission date. A license application will not be considered complete without all required criminal history reports. (4) Submission of completed application forms. Completed application forms shall be submitted to USDA. (5) Incomplete application procedures. Applications missing required information shall be returned to the applicant as incomplete. The applicant may resubmit a completed application. (6) License expiration. USDA-issued hemp producer licenses shall be valid until December 31 of the year three years after the year in which license was issued. (b) License renewals. USDA hemp producer licenses must be renewed prior to license expiration. Licenses are not automatically renewed. Applications for renewal shall be subject to the same terms, information collection requirements, and approval criteria as provided in this subpart for initial applications unless there has been an amendment to the regulations in this part or the law since approval of the initial or last application. (c) Lic… | |||||
| 7:7:8.1.1.1.31.3.478.3 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.22 USDA hemp producer license approval. | AMS | (a) A license shall not be issued unless: (1) The application submitted for USDA review and approval is complete and accurate. (2) The criminal history report(s) submitted with the license application confirms that all key participants to be covered by the license have not been convicted of a felony, under State or Federal law, relating to a controlled substance within the past ten (10) years unless the exception in § 990.20(b) applies. (3) The applicant, if the applicant was previously or is currently licensed, submitted all reports required as a participant in the hemp production program by this part. (4) The application contains no materially false statements or misrepresentations and the applicant has not previously submitted an application with any materially false statements or misrepresentations. (5) The applicant's license is not currently suspended, if the applicant is currently licensed. (6) The applicant is not applying for a license as a stand-in for someone whose license has been suspended, revoked, or is otherwise ineligible to participate. (7) The State or territory of the Indian Tribe where the person produces or intends to produce hemp does not have a USDA-approved plan or has not submitted a plan to USDA for approval and is awaiting USDA's decision. (8) The State or territory of the Indian Tribe where the person produces or intends to produce hemp does not prohibit the production of hemp. (b) USDA shall provide written notification to applicants whether the application has been approved or denied. USDA shall provide written notification to applicants in a State or territory of an Indian Tribe that has submitted a plan to USDA and is awaiting USDA approval that their application is being returned. (1) If an application is approved, a license will be issued. (2) Licenses will be valid until December 31 of the year three after the year in which the license was issued. (3) Licenses may not be sold, assigned, transferred, pledged, or otherwise disposed of, alienated or encumbered. (4) If… | |||||
| 7:7:8.1.1.1.31.3.478.4 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.23 Reporting hemp crop acreage with USDA Farm Service Agency. | AMS | All USDA licensees shall report hemp crop acreage to FSA within 30 days of hemp been planted and shall provide, at a minimum, the following information: (a) Street address and, to the extent practicable, geospatial location of the lot, greenhouse, building, or site where hemp will be produced. All locations where hemp is produced must be reported to FSA. (b) Acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp. (c) The hemp license number. | |||||
| 7:7:8.1.1.1.31.3.478.5 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.24 Responsibility of a USDA licensee prior to harvest. | AMS | USDA licensees must: (a) No more than 30 days prior to the anticipated harvest of cannabis plants, have a sampling agent collect samples from the cannabis plant for total delta-9 tetrahydrocannabinol concentration level testing. (b) Have samples collected from the flowering tops of the plant by cutting the top five to eight inches from the “main stem” (that includes the leaves and flowers), “terminal bud” (that occurs at the end of a stem), ”or “central cola” (cut stem that could develop into a bud) of the flowering top of the plant. Sampling guidelines and training requirements for sampling agents are available from USDA. The method used for sampling must be sufficient at a confidence level of 95 percent that no more than one percent (1%) of the plants in the lot would exceed the acceptable hemp THC level. The method used for sampling must ensure that a representative sample is collected that represents a homogeneous composition of the lot. (c) Have an authorized representative of the USDA licensee present at the growing site during a scheduled sample collection, if possible. (d) Ensure that sampling agents are provided with complete and unrestricted access during business hours to all hemp and other cannabis plants, (whether growing or harvested), all hemp production and storage areas, all land, buildings, and other structures used for the cultivation, handling, and storage of all hemp and other cannabis plants, and all locations listed in the producer license. (e) Not harvest the cannabis crop prior to samples being taken. (f) Use post-harvest samples only for remediated biomass. | |||||
| 7:7:8.1.1.1.31.3.478.6 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.25 Standards of performance for detecting total delta-9 tetrahydrocannabinol (THC) concentration levels. | AMS | Analytical testing for purposes of determining total THC in cannabis plants shall meet the standards in this section. (a) Laboratory quality assurance must ensure the validity and reliability of test results. (b) Analytical method selection, validation, and verification must ensure that the testing method used is appropriate (fit for purpose), and that the laboratory can successfully perform the testing. (c) The demonstration of testing validity must ensure consistent, accurate analytical performance. (d) Method performance specifications must ensure analytical tests are sufficiently sensitive for the purposes of the detectability requirements of this part. (e) Laboratory must have an effective disposal procedure for non-compliant samples that do not meet the requirements of this part. (f) Measurement of uncertainty (MU) must be estimated and reported with test results. Laboratories shall use appropriate, validated methods and procedures for all testing activities and evaluate measurement of uncertainty. (g) At a minimum, analytical testing of samples for total THC must use post-decarboxylation or other similarly reliable methods approved by the Secretary. The testing methodology must consider the potential conversion of THCA in hemp into THC and the test result must reflect the total available THC derived from the sum of the THC and THCA content. Testing methodologies meeting the requirements of this paragraph (g) include, but are not limited to, gas or liquid chromatography with detection. (1) The total THC shall be determined and reported on a dry weight basis. Additionally, measurement of uncertainty (MU) must be estimated and reported with test results. Laboratories shall use appropriate, validated methods and procedures for all testing activities and evaluate measurement of uncertainty. (2) Any sample test result exceeding the acceptable hemp THC level shall be conclusive evidence that the lot represented by the sample is not in compliance with this part. (3) After December 31, 2022, USDA licensee… | |||||
| 7:7:8.1.1.1.31.3.478.7 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.26 Responsibility of a USDA producer after laboratory testing is performed. | AMS | (a) The producer shall harvest the crop no later than thirty (30) days after the date of sample collection. (b) If the producer fails to complete harvest within thirty (30) days of sample collection, a second pre-harvest sample of the lot shall be required to be submitted for testing. (c) Harvested lots of hemp plants shall not be commingled with other harvested lots or other material. (d) Lots that meet the acceptable hemp THC level may enter the stream of commerce. (e) Lots that do not meet the acceptable hemp THC level are subject to § 990.27. (f) Any producer may request additional pre-harvest testing if it is believed that the original total delta-9 tetrahydrocannabinol concentration level test results were in error. Additional testing may be conducted by the laboratory that conducted the initial test, or another laboratory. | |||||
| 7:7:8.1.1.1.31.3.478.8 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.27 Non-compliant cannabis plants. | AMS | (a) Cannabis plants exceeding the acceptable hemp THC level constitute marijuana, a schedule I controlled substance under the Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., and producers must either use a DEA-registered reverse distributor or law enforcement to dispose of non-compliant plants or ensure the disposal of such cannabis plant on site at the farm or hemp production facility. (b) Producers must notify USDA of their intent to dispose of or remediate non-conforming plants and verify disposal or remediation by submitting required documentation. (c) If a producer elects to perform remediation activities, an additional sampling and testing of the post-remediated crop must occur to determine THC concentration levels. | |||||
| 7:7:8.1.1.1.31.3.478.9 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | C | Subpart C—USDA Hemp Production Plan | § 990.28 Compliance. | AMS | (a) Audits. USDA licensees may be audited by the USDA. The audit may include a review of records and documentation, and may include site visits to farms, fields, greenhouses, storage facilities, or other locations affiliated with the producer's hemp operation. The audit may include the current crop year, as well as any previous crop year(s). The audit may be performed remotely or in person. (b) Frequency of audit verifications. Audit verifications may be performed once every three (3) years unless otherwise determined by USDA. If the results of the audit find negligent violations, a corrective action plan may be established. (c) Assessment of producer's hemp operations for conformance. The producer's operational procedures, documentation, recordkeeping, and other practices may be verified during the audit verification. The auditor may also visit the production, cultivation, or storage areas for hemp listed on the producer's license. (1) Records and documentation. The auditor shall assess whether required reports, records, and documentation are properly maintained for accuracy and completeness. (2) [Reserved] (d) Audit reports. Audit reports will be issued to the producer no later than 60 days after the audit is concluded. If USDA determines through an audit that the producer is not compliant with the Act or this part, USDA shall require a corrective action plan. The corrective action plan must include a reasonable date by which the producer will correct the negligent violation. USDA will approve or deny the corrective action plan within 60 days of its receipt. Producers operating under a corrective action plan must also periodically report to USDA on their compliance with the plan for a period of not less than two calendar years following the violation. The producer's implementation of a corrective action plan may be reviewed by USDA during a future site visit or audit. If additional instances of noncompliance occur, USDA may revoke the producer's USDA license for one year or until the producer bec… | |||||
| 7:7:8.1.1.1.31.4.478.1 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | D | Subpart D—Appeals | § 990.40 General adverse action appeal process. | AMS | (a) Persons who believe they are adversely affected by the denial of a license application under the USDA hemp production program may appeal such decision to the AMS Administrator. (b) Persons who believe they are adversely affected by the denial of a license renewal under the USDA hemp production program may appeal such decision to the AMS Administrator. (c) Persons who believe they are adversely affected by the revocation or suspension of a USDA hemp production license may appeal such decision to the AMS Administrator. (d) States and Indian Tribes that believe they are adversely affected by the denial of a proposed State or Tribal hemp plan may appeal such decision to the AMS Administrator. | |||||
| 7:7:8.1.1.1.31.4.478.2 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | D | Subpart D—Appeals | § 990.41 Appeals under the USDA hemp production plan. | AMS | (a) Appealing a denied USDA-plan license application. A license applicant may appeal the denial of a license application. (1) If the AMS Administrator grants an applicant's appeal of a licensing denial, the applicant will be issued a USDA hemp production license. (2) If the AMS Administrator denies an appeal, the applicant's license application will be denied. The applicant may request a formal adjudicatory proceeding within 30 days to review the decision. Such proceeding shall be conducted pursuant to the U.S. Department of Agriculture's Rules of Practice Governing Adjudicatory Proceedings, 7 CFR part 1, subpart H. (b) Appealing a denied USDA-plan license renewal. A producer may appeal the denial of a license renewal. (1) If the AMS Administrator grants a producer's appeal of a licensing renewal denial, the applicant's USDA hemp production license will be renewed. (2) If the AMS Administrator denies the appeal, the applicant's license will not be renewed. The denied producer may request a formal adjudicatory proceeding within 30 days to review the decision. Such proceeding shall be conducted pursuant to the U.S. Department of Agriculture's Rules of Practice Governing Formal Adjudicatory Proceedings, 7 CFR part 1, subpart H. (c) Appealing a USDA-plan license termination or suspension. A USDA hemp plan producer may appeal the revocation or suspension of a license. (1) If the AMS Administrator grants the appeal of a license termination or suspension, the producer will retain their license. (2) If the AMS Administrator denies the appeal, the producer's license will be terminated or suspended. The producer may request a formal adjudicatory proceeding within 30 days to review the decision. Such proceeding shall be conducted pursuant to the U.S. Department of Agriculture's Rules of Practice Governing Formal Adjudicatory Proceedings, 7 CFR part 1, subpart H. (d) Filing period. The appeal of a denied license application, denied license renewal, suspension, or revocation must be filed within the time-peri… | |||||
| 7:7:8.1.1.1.31.4.478.3 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | D | Subpart D—Appeals | § 990.42 Appeals under a State or Tribal hemp production plan. | AMS | (a) Appealing a State or Tribal hemp production plan application. A State or Indian Tribe may appeal the denial of a proposed State or Tribal hemp production plan by the USDA to the AMS Administrator. (1) If the AMS Administrator grants a State or Indian Tribe's appeal of a denied hemp plan application, the proposed State or Tribal hemp production plan shall be established as proposed. (2) If the AMS Administrator denies an appeal, the proposed State or Tribal hemp production plan shall not be approved. Prospective producers located in the State or territory of the Indian Tribe may apply for hemp licenses under the terms of the USDA plan. The State or Indian Tribe may request a formal adjudicatory proceeding be initiated within 30 days to review the decision. Such proceeding shall be conducted pursuant to the U.S. Department of Agriculture's Rules of Practice Governing Adjudicatory Proceedings, 7 CFR part 1, subpart H. (b) Appealing the suspension or termination of a State or Tribal hemp production plan. A State or Tribe may appeal the revocation by USDA of an approved State or Tribal hemp production plan. (1) If the AMS Administrator grants a State or Indian Tribe's appeal of a State or Tribal hemp production plan suspension or revocation, the associated hemp production plan will remain in place and effective. (2) If the AMS Administrator denies an appeal, the State or Tribal hemp production plan will be suspended or revoked as applicable. Producers located in that State or territory of the Indian Tribe may continue to produce hemp under their State or Tribal license until the end the calendar year in which the State or Tribal plan's disapproval was effective or when the State or Tribal license expires, whichever is earlier. Producers may apply for a USDA license under subpart C of this part unless hemp production is otherwise prohibited by the State or Indian Tribe. The State or Indian Tribe may request a formal adjudicatory proceeding be initiated to review the decision. Such proceeding shall be condu… | |||||
| 7:7:8.1.1.1.31.5.478.1 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | E | Subpart E—Administrative Provisions | § 990.60 Agents. | AMS | As provided under 7 CFR part 2, the Secretary may name any officer or employee of the United States or name any agency or division in the United States Department of Agriculture, to act as their agent or representative in connection with any of the provisions of this part. | |||||
| 7:7:8.1.1.1.31.5.478.2 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | E | Subpart E—Administrative Provisions | § 990.61 Severability. | AMS | If any provision of this part is declared invalid or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of this part or the applicability thereof to other persons or circumstances shall not be affected thereby. | |||||
| 7:7:8.1.1.1.31.5.478.3 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | E | Subpart E—Administrative Provisions | § 990.62 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.31.5.478.4 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | E | Subpart E—Administrative Provisions | § 990.63 Interstate transportation of hemp. | AMS | No State or Indian Tribe may prohibit the transportation or shipment of hemp lawfully produced under a State or Tribal plan approved under subpart B of this part, under a license issued under subpart C of this part, or under 7 U.S.C. 5940 through the State or territory of the Indian Tribe, as applicable. | |||||
| 7:7:8.1.1.1.31.6.478.1 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | F | Subpart F—Reporting Requirements | § 990.70 State and Tribal hemp reporting requirements. | AMS | (a) State and Tribal hemp producer report. Each State and Indian Tribe with a plan approved under this part shall submit to USDA, by the first of each month, a report providing the contact information and the status of the license or other authorization issued for each producer covered under the applicable State and Tribal plans. If the first of the month falls on a weekend or holiday, the report is due by the first business day following the due date. The report shall be submitted using a digital format compatible with USDA's information sharing systems, whenever possible. The report shall contain the information described in this paragraph (a). (1)(i) For each new producer who is an individual and is licensed or authorized under the State or Tribal plan, the report shall include the full name of the individual, license or authorization identifier, Employee Identification Number (“EIN”) of the business entity, business address, telephone number, and email address (if available). (ii) For each new producer that is an entity and is licensed or authorized under the State or Tribal plan, the report shall include full name of the entity, the principal business location address, license or authorization identifier, and the full name, title, and email address (if available) of each employee for whom the entity is required to submit a criminal history report. (iii) For each producer that was included in a previous report and whose reported information has changed, the report shall include the previously reported information and the new information. (2) The status of each producer's license or authorization. (3) The period covered by the report. (4) Indication that there were no changes during the current reporting cycle, if applicable. (b) State and Tribal hemp disposal or remediation report. If a producer has produced cannabis exceeding the acceptable hemp THC level, the cannabis must be disposed of or remediated. States and Tribes with plans approved under this part shall submit to USDA, by the first of eac… | |||||
| 7:7:8.1.1.1.31.6.478.2 | 7 | Agriculture | IX | 990 | PART 990—DOMESTIC HEMP PRODUCTION PROGRAM | F | Subpart F—Reporting Requirements | § 990.71 USDA plan reporting requirements. | AMS | (a) USDA licensing application. USDA will accept applications on a rolling basis. Licenses will be valid until December 31 of the year three years after the license is issued. The license application will be used for both new and renewal applicants. The application shall include: (1) Contact information. (i) For an applicant who is an individual, the application shall include full name of the individual, Employee Identification Number (“EIN”) of the business entity, business address, telephone number, and email address (if available). (ii) For an applicant that is an entity, the application shall include full name of the entity, the principal business location address, and the full name, title, and email address (if available) of each key participant of the entity. (2) Criminal history report. As part of a complete application, each applicant shall provide a current Federal Bureau of Investigation's Identity History Summary. If the applicant is a business entity, a criminal history report shall be provided for each key participant. (i) The applicant shall ensure the criminal history report accompanies the application. (ii) The criminal history report must be dated within 60 days of submission of the application submittal. (3) Consent to comply with program requirements. All applicants submitting a completed license application, in doing so, consent to comply with the requirements of this part. (b) USDA licensee disposal and remediation form. USDA licensee conducts a disposal or remediation activity, that licensee must report the activity on the appropriate form to USDA no later than 30 days after the date of completion of disposal or remediation activity. The report shall contain the information described in this paragraph (b). (1) Name and address of the producer. (2) The USDA licensee's USDA license number. (3) Geospatial location, or other valid land descriptor, for the production area subject to disposal or remediation. (4) Date of completion of disposal or remediation. (5) Signature of … |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);