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Code · STATUTE-COMPILATIONS · Agricultural Marketing Act of 1946 · Sec. 297C

Sec. 297C. DEPARTMENT OF AGRICULTURE

609 words·~3 min read·/statute-compilations/comps-10259/sec-297c

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## SEC. 297C DEPARTMENT OF AGRICULTURE **[**[7 U.S.C. 1639q](/us/usc/t7/s1639q)**]** ###
(a)Department of Agriculture Plan ####
(1)In general In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2). ####
(2)Content A plan established by the Secretary under paragraph
(1)shall include— #####
(A)a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years; #####
(B)a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe; #####
(C)a procedure for the effective disposal of— ######
(i)plants, whether growing or not, that are produced in violation of this subtitle; and ######
(ii)products derived from those plants; #####
(D)a procedure to comply with the enforcement procedures under subsection (c)(2); #####
(E)a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subtitle; and #####
(F)such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subtitle. ###
(b)Licensing The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a). ###
(c)Violations ####
(1)In general In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b). ####
(2)Negligent and other violations A violation of a plan established under subsection
(a)shall be subject to enforcement in accordance with paragraphs
(2)and
(3)of section 297B(e), except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government. ####
(3)Reporting to attorney general In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection
(b)to the Attorney General. ###
(d)Information Sharing for Law Enforcement ####
(1)In general The Secretary shall— #####
(A)collect the information described in paragraph (2); and #####
(B)make the information collected under subparagraph
(A)accessible in real time to Federal, State, territorial, and local law enforcement. ####
(2)Content The information collected by the Secretary under paragraph
(1)shall include— #####
(A)contact information for each hemp producer in a State or the territory of an Indian tribe for which— ######
(i)a State or Tribal plan is approved under section 297B(b); or ######
(ii)a plan is established by the Secretary under this section; #####
(B)a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and #####
(C)for each hemp producer described in subparagraph (A)— ######
(i)the status of— ######
(I)a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or ######
(II)a license from the Secretary; and ######
(ii)any changes to the status.
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Sec. 297C
DEPARTMENT OF AGRICULTURE
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