NRS 557.240 Retention of records by grower or handler; inspection of records; inspection and analysis of growing crop; plan for disposal or remediation of crop; additional inspection, sampling and testing of crop; land and crop management practices.

448 words·~2 min read·/nv/chapter-557-hemp/557-240

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

1. A grower or handler shall keep and maintain for a period of not less than 3 years such records as the Department may prescribe by regulation and, upon 3 days’ notice, make such records available to the Department for inspection during normal business hours. The Department may inspect records pursuant to this subsection to determine whether a person has complied with the provisions of this chapter, the regulations adopted pursuant thereto and any lawful order of the Department.

2. The Department may inspect any growing crop of a grower and take a representative sample for analysis in the field. If the testing of such a sample in the field determines that the crop contains a THC concentration that exceeds the maximum THC concentration established by the Department for hemp, the grower shall submit a plan for the effective disposal or remediation of the crop to the Department for its approval.

3. If a crop has been determined pursuant to subsection 2 to contain a THC concentration that exceeds the maximum THC concentration established by the Department for hemp, the grower of the crop may elect to perform remediation activities to render the crop compliant. After a grower performs remediation activities pursuant to a plan for the effective remediation of a crop approved pursuant to subsection 2, an additional inspection, sampling and testing of the crop must be conducted to determine the THC concentration of the crop.

4. If a grower fails to submit an approved plan to the Department pursuant to subsection 2 or fails to follow the provisions of such a plan, or if a crop continues to contain a THC concentration that exceeds the maximum THC concentration established by the Department for hemp after remediation pursuant to subsection 3, the Department may:

(a)Impose any additional requirement it determines necessary upon the grower;

(b)Suspend or revoke the registration of the grower;

(c)Impose an administrative fine pursuant to NRS 557.280 on the grower;

(d)Report the grower to the appropriate local law enforcement agency for investigation of a violation of the provisions of chapter 453 of NRS; or

(e)Detain, seize or embargo the crop.

5. If the Department determines that the land or crop management practices of a grower, handler or producer are inadequate, inconsistent with the information concerning such practices submitted to the Department pursuant to NRS 557.200 or negatively affect natural resources, the Department may impose an administrative fine pursuant to NRS 557.280 .