Retention of records by grower or handler; inspection of records; inspection and analysis of growing crop; plan for disposal of crop; land and crop management practices.

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1. A grower or handler shall keep and maintain for a period of not less than 3 years such records as the Department may prescribe by regulation and, upon 3 days’ notice, make such records available to the Department for inspection during normal business hours. The Department may inspect records pursuant to this subsection to determine whether a person has complied with the provisions of this chapter, the regulations adopted pursuant thereto and any lawful order of the Department.

2. The Department may inspect any growing crop of a grower and take a representative sample for analysis in the field. If the testing of such a sample in the field determines that the crop contains a THC concentration that exceeds the maximum THC concentration established by federal law for hemp:

(a) The Department may detain, seize or embargo the crop; and

(b) The grower shall submit a plan for the effective disposal of the crop to the Department for its approval.

3. If a grower fails to submit an approved plan to the Department pursuant to paragraph (b) of subsection 2 or fails to follow the provisions of such a plan, the Department may:

(a) Impose any additional requirement it determines necessary upon the grower;

(b) Suspend or revoke the registration of the grower;

(c) Impose an administrative fine pursuant to NRS 557.280 on the grower;

(d) Report the grower to the appropriate local law enforcement agency for investigation of a violation of the provisions of chapter 453 of NRS.

4. If the Department determines that the land or crop management practices of a grower, handler or producer are inadequate, inconsistent with the information concerning such practices submitted to the Department pursuant to NRS 557.200 or negatively affect natural resources, the Department may impose an administrative fine pursuant to NRS 557.280.

(Added to NRS by 2017, 1346; A 2019, 2586)


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