(1) Each registrant shall maintain records of all hemp plant lots acquired, produced, handled, or disposed of in the form and manner designated by the commissioner. The producer shall retain the records for three years.
The commissioner may request all reports and records required as part of registration, including confidential data or business information including but not limited to information constituting trade secrets or disclosing a trade position, financial condition, or business operations. The commissioner after receipt shall keep the reports and records in the commissioner's custody or control. Confidential business information may be shared with applicable federal, state, or local law enforcement in compliance with this article 61.
(a) The commissioner may deny access to personal information about persons involved with the cultivation of industrial hemp if the commissioner reasonably believes dissemination of such information will cause harm to such persons.
(b) On the grounds that disclosure would be contrary to the public interest, the commissioner may deny access to the following:
(I) Specific operational details of industrial hemp operations that constitute confidential commercial data pursuant to section 24-72-204. Such operational details include: (A) Ownership, numbers, field locations, and movements of crops;
Financial information;
The purchase and sale of crops;
Account numbers or unique identifiers issued by government or private entities; and(E) Operational protocols.
(II) Information related to confidential business information that:
Would identify a person or field location; or
Contains confidential data, including records of ongoing investigations that pertainto industrial hemp cultivation; except that records of investigations must not be withheld if the investigation has concluded and the person being investigated is found by the commissioner to have violated any provision of this article 61 that pertains to industrial hemp.
If the commissioner denies access to information pursuant to subsection (3)(a) or(3)(b) of this section, the commissioner shall redact the confidential information and make the remaining portions of the record available for disclosure. If the commissioner is unable to redact the record within the time limits established in section 24-72-203 (3), the time limits are waived and the commissioner shall redact the information and provide the redacted record as soon as is practicable.
Nothing in this article 61 authorizes the commissioner to obtain information not otherwise permitted by law.
Nothing in this article 61:
Precludes a person in interest from accessing his or her own information;
Prevents the commissioner from releasing biological industrial hemp samples to anauthorized external entity for scientific testing, so long as the testing entity agrees to maintain the confidentiality of the information it receives;
Prevents the commissioner from disclosing information that is otherwise permitted orrequired to be disclosed; or
Applies when the commissioner determines that disclosure of industrial hemp cultivation information is necessary to prevent or address an immediate threat to the health and safety of a person or animal.
(7) When disclosing information pursuant to subsection (6)(d) of this section, the commissioner shall release only as much information as is necessary to address the situation.
Source: L. 2020: Entire section added, (SB 20-197), ch. 194, p. 905, § 10, effective September 14.