333.29601 Negligent violations of this act; notice; corrective action plan; penalties.

377 words·~2 min read·/mi/chapter-333/333-29601

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 601.

(1)A grower negligently violates this act if the grower does any of the following:

(a)Fails to provide a legal description for each field, greenhouse, building, or other location where industrial hemp will be grown under section 201.

(b)Fails to obtain a registration.

(c)Grows industrial hemp that exceeds the acceptable THC level but does not have more than 1.0% total delta-9-THC on a dry weight basis.

(d)Any other violation that the department determines is negligent under subsection (7).

(2)If a grower violates subsection (1), the department shall issue the grower a notice of violation and the terms of a corrective action plan. The grower must comply with the terms of the corrective action plan.

(3)The department shall develop a corrective action plan under subsection

(2)or

(7)that includes the following terms:

(a)A reasonable date by which the grower will correct the negligent violation.

(b)A requirement that for not less than 2 years after a violation under subsection (1), the grower shall make periodic reports to the department about the grower's progress and compliance with the requirements of the corrective action plan.

(4)A grower that negligently violates this act 3 times in a 5-year period is ineligible to register as a grower for 5 years from the date of the third violation.

(5)A negligent violation under this section is not subject to criminal enforcement.

(6)A grower is not subject to more than 1 negligent violation under subsection

(1)per growing season.

(7)In addition to a negligent violation listed in subsection (1), the department may determine that any other violation of this act is a negligent violation. If the department determines that a grower negligently violated this act, the department shall issue the grower a notice of violation and the terms of a corrective action plan. The grower must comply with the terms of the corrective action plan. The department shall use the enforcement response policy created under section 505 to determine whether a violation of this act is a negligent violation.

History: 2020, Act 220 , Imd. Eff. Oct. 16, 2020 ;-- Am. 2021, Act 4 , Imd. Eff. Mar. 24, 2021