Miller & Martin PLLC: Georgia Releases Proposed Hemp Grower and Processor Rules

Author: Stephanie Savage

Stephanie Savage

On July 10, 2019, the Georgia Department of Agriculture (“GDA”) released a Notice of Intent to Consider the Adoption of Hemp Growers and Processors Rules, and proposed Hemp Rules, as notification that the GDA will be accepting written comments regarding the adoption of Hemp Grower and Processors Rules. This notification is pursuant to the Georgia Hemp Farming Act that we previously reported was enacted on May 10, 2019 following the enactment of the 2018 Federal Farm Bill in December.

The proposed rules provide detailed regulation regarding the license and permit application process, terms and conditions, restrictions, recordkeeping, inspection, sampling, destruction, storage, transportation, pesticide use, violations and enforcement of hemp growers and hemp processors in Georgia. Such rules also incorporate by reference the Georgia Hemp Plan, upon approval and as amended, submitted to the United States Department of Agriculture.

In addition to detailed requirements for hemp grower licensees and hemp processer permittees, the proposed rules provide several restrictions on growing and processing operations. Among others, hemp grower licensees must not cultivate or handle hemp in a place used for residential purposes or in any site that is located within 1,000 feet of a school or a public recreational area. Similarly, among others, hemp processor permittees must also not process or handle hemp or hemp products in a place used for residential purposes or process or handle hemp in a site located within 1,000 feet of a school or a public recreational area. In addition, hemp grower licensees and hemp processor permittees must comply with all applicable local, state, and federal laws, rules, regulations and ordinances at all times. Furthermore, the proposed rules expressly provide that hemp processors must comply with the federal Food Drug and Cosmetic Act and all laws, rules, regulations, and ordinances relating to product development, manufacturing, consumer safety and public health.

Interested persons may provide written comments on the proposed rules to the Georgia Department of Agriculture. Written comments will be accepted from July 10, 2019 until 4:30 PM EST on August 12, 2019. Comments must be submitted to:

Mike Evans 
Program Director – Plant Protection Section Georgia Department of Agriculture 
1109 Experiment Street 
Redding Building, Room 213 
Griffin, Georgia 30223 
Telephone Number: 404.651.9486 
Facsimile: 770.228.7219 


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