CSV.8.8.020 Negligent Violations and Corrective Action Plans

(a) A person who is found by the Agricultural Division to have negligently violated this ordinance may be subject to a corrective action plan.

(b) The following actions shall be deemed negligent violations of this ordinance, including without limitation:

(1) Failing to provide a legal description of land on which Hemp is produced or processed;

(2) Failing to obtain a license from the Agricultural Division for producing or processing Hemp; and/or,

(3) Producing Hemp or Cannabis sativa L. with a total Delta-9-THC concentration of more than 0.3 percent on a dry weight basis, if the Licensee has made reasonable efforts to produce hemp in compliance with this ordinance.

(4) Refusal or failure by a person or Licensee to fully cooperate and assist the Agricultural Division in carrying out the requirements of this ordinance; or

(5) Failure to provide information required by the Agricultural Division; or

(6) Anyone who intentionally and materially falsifies or provides false, misleading, or incorrect information or statements to the Agricultural Division. (such individuals or entities shall automatically be deemed ineligible to produce or process industrial hemp in accordance with this Ordinance and 7 CFR Part 990.6(f)); or

(7) Failure to submit required reports or pay fees.

(c) Corrective action plans may be issued by the Agricultural Division and shall include, at a minimum, the following information:

(1) Corrective measures required by the Agricultural Division consistent with this ordinance; and

(2) A reasonable date by which the person shall correct his or her violation; and

(3) A requirement for periodic reports to the Agricultural Division from the person on implementation of measures necessary to comply with the ordinance and their corrective action plan for a period of at least two (2) calendar years from the date of the corrective action plan.

(d) The Agricultural Division shall conduct an inspection to determine if the corrective action plan has been implemented as submitted.

(e) A person who is found by the Agricultural Division to have negligently violated a plan established pursuant this ordinance three (3) times in a five (5) year period shall be prohibited from engaging in any conduct authorized pursuant to this ordinance for a period of five (5) years from the date of the third violation.