CSV.8.5.020 Contents of Production and/or Processor Licensing Agreements

Any Production Licensing Agreement or Processor Licensing Agreement issued by the Agricultural Division shall contain the following:

(a) A unique license or registration number in the format prescribed by the U.S. Department of Agriculture.

(b) Consent to entry onto, and inspection of, all land and buildings where Hemp or Cannabis sativa L. is known to be located or licensed to be located, by the Agricultural Division, by the Director and/or by a Law Enforcement Agency, and USDA inspectors with or without cause, with or without advance notice.

(1) Any and all Cannabis sativa L. found to have a measured total Delta-9-THC content in excess of zero and three-tenths (0.3) percent on a dry weight basis; and

(2) Hemp or Cannabis sativa L. located in an area that is not licensed by the Agricultural Division or located in Lot; and

(3) Hemp or Cannabis sativa L. not accounted for in any required reporting to the Agricultural Division.

(d) Acknowledgement that the Production Licensing Agreement and/or Processor Licensing Agreement cannot be assigned or transferred to another business, person or entity, without approval of the Agricultural Division.

(e) Acknowledgement that any changes to Applicant contact information must be provided in writing to the Agricultural Division within ten (10) days.

(f) Acknowledgement that the Applicant will abide by all requirements of this ordinance and any amendments thereto.

(g) Acknowledgement that prior written approval from the Agricultural Division will be sought before modification of any lot or licensed production or processing of Hemp.

(h) Acknowledgement by the Applicant that Hemp shall not be produced or processed in any lot other than the lot approved by the Agricultural Division.

(i) Acknowledgement that the risk of financial or other loss of the Hemp Business shall be borne solely by the Licensed Producer and/or Licensed Processor.

(j) Agreement that any time Hemp is in transit, a copy of the Production Licensing Agreement and/or Processor Licensing Agreement, and Test Result Report, shall be available for inspection upon the request of the Agricultural Division, Director or Law Enforcement Agency.

(k) Agreement that, upon request from a representative of the Agricultural Division, Director or Law Enforcement Agency, a Licensed Producer and/or Licensed Processor shall immediately produce a copy of his or her Production and/or Processor Licensing Agreement for inspection.

(l) Agreement to submit Planting Reports, Harvest/Destruction Reports, Production Reports, and any other reports required by the Agriculture Division to which the Licensed Producer and/or Licensed Processor has agreed, on or before the deadlines established in this ordinance.

(m) Agreement to notify the Agricultural Division of any interaction with a Law Enforcement Agency, pertaining to the implementation of the provisions of this ordinance, immediately by phone and follow-up in writing within three (3) calendar days of the occurrence.

(n) Agreement to notify the Agricultural Division of any theft of Hemp materials, whether they are being used for production or not.

(o) Acknowledgement that failure to comply with terms and conditions established in the Production Licensing Agreement and/or Processor Licensing Agreement shall constitute grounds for appropriate Agricultural Division action including termination of any license issued under this ordinance.

(p) Acknowledgement that any Person or Hemp Business which has suffered a license revocation or denial from the Tribe's Hemp program shall not be eligible to reapply to the program for a period of one (1) year from the date on which the revocation or denial became final. Any Person or Hemp Business that negligently violates the provisions of this Ordinance three times in a 5-year period shall be ineligible to produce hemp for a period of 5 years.