---
kind: "section"
citation: "7 C.F.R. § 990.29"
title: "7"
number: "990.29"
heading: "Violations."
url: "https://uscodex.org/cfr/7/990.29"
---

# §990.29. Violations.


Violations of this part shall be subject to enforcement in accordance with the terms of this section.

- (a) **Negligent violations.** Hemp producers are not subject to more than one negligent violation per calendar year. A hemp producer shall be subject to enforcement for negligently:
  - (1) Failing to provide an accurate legal description of land where hemp is produced;
  - (2) Producing hemp without a license; and
  - (3) **Producing cannabis exceeding the acceptable hemp THC level.** Hemp producers do not commit a negligent violation under this [paragraph (a)](#a) if they make reasonable efforts to grow hemp and the cannabis does not have a total THC concentration of more than 1.0 percent on a dry weight basis.
- (b) **Corrective action for negligent violations.** For each negligent violation, USDA will issue a Notice of Violation and require a corrective action plan from the producer. The producer shall comply with the corrective action plan to cure the negligent violation. Corrective action plans will be in place for a minimum of two (2) years from the date of their approval. Corrective action plans will, at a minimum, include:
  - (1) The date by which the producer shall correct each negligent violation;
  - (2) Steps that will be taken to correct each negligent violation; and
  - (3) A description of the procedures that will demonstrate compliance must be submitted to USDA.
- (c) **Negligent violations and criminal enforcement.** A producer who negligently violates this part shall not, as a result of that violation, be subject to any criminal enforcement action by any Federal, State, Tribal, or local government.
- (d) **Subsequent negligent violations.** If a subsequent negligent violation occurs while a corrective action plan is in place, a new corrective action plan must be submitted with a heightened level of quality control, staff training, and quantifiable action measures.
- (e) **Negligent violations and license revocation.** A producer that negligently violates the license 3 times in a 5-year period shall have their license revoked and be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.
- (f) **Culpable mental state greater than negligence.** If USDA determines that a licensee has violated the terms of the license or of this part with a culpable mental state greater than negligence:
  - (1) USDA shall immediately report the licensee to:
    - (i) The U.S. Attorney General; and
    - (ii) The chief law enforcement officer of the State or Indian territory, as applicable, where the production is located; and
  - (2) Paragraphs [(a)](#a) and [(b)](#b) of this section shall not apply to culpable violations.

## Notes

### Authority

Authority: 7 U.S.C. 1639o note, 1639p, 1639q, 1639r.

### Source

Source: 86 FR 5680, Jan. 19, 2021, unless otherwise noted.