(a) Industrial hemp that does not comply with all provisions of Federal law, State law, this Chapter and the associated regulations applicable to the cultivation of industrial hemp, including, but not limited to, requirements for cultivation, laboratory testing, harvesting, destructions, and reporting, shall be destroyed.
(b) Destruction shall proceed as provided for in all applicable laws and regulations, including, but not limited to, Food and Agricultural Code § 81006 and Code of Regulations Title 3, §§ 4950 and 4950.1, as may be amended.
(c) A registered hemp entity that fails to destroy industrial hemp as described in the approved destruction plan shall forfeit the bond required by this Chapter up to the amount that is necessary to reimburse all actual costs of County initiated abatement and the County Agricultural Commissioner shall proceed to destroy the non-compliant hemp.
(d) Industrial hemp that is non-compliant or has been abandoned by the registered hemp entity shall be abated in a manner approved by the County Agricultural Commissioner. The registered hemp entity and the property owner shall be liable for all costs incurred by the County to abate the non-compliant hemp beyond the amount of the forfeited bond. In the event that no bond was required for issuance or renewal of the registration pursuant to § 33.1609(c), the registered hemp entity and property owner shall be liable for all costs incurred by the County.
(e) Once an industrial hemp crop is harvested, destroyed or removed, the registered hemp entity and the property owner, if different, are jointly responsible for abating all regrowth from the harvested or destroyed crop. Failure to comply will result in the County abating the property and the registered hemp entity and property owner, if different, will be severally liable for applicable costs.
(Ord. 4445, passed - -2022)