LAC 51:XXX.309. Additional Enforcement Provisions [formerly LAC 49:I.539]

A. The department may, randomly or based upon a complaint, procure a COA on a specimen of any registered consumable hemp product offered for sale in Louisiana to determine compliance with applicable requirements of this Chapter and Part VI of Chapter 10-a of R.S. Title 3. An appropriate Chain of Custody document shall be utilized for such purpose. B. If a COA obtained in accordance with Subsection A of this Section shows that the product does not meet the requirements of this Chapter or Part VI of Chapter 10-a of R.S. Title 3, the registration of such product may be revoked by order issued pursuant to §303 of this Chapter, which order shall note the costs paid to procure the COA, including laboratory and shipping costs. Such product shall not thereafter be registered by any person for two years. C. If the department revokes a product registration pursuant to Subsection B of this Section, the registration holder shall reimburse the department for the costs paid to procure the COA within 30 days of the revocation becoming final (i.e. not subject to further appeal or review). If such reimbursement is not received within 30 days, the registration holder shall additionally owe the department a civil penalty equal to three times the costs paid to procure the COA. If such additional civil penalty is not paid within 30 days of demand, the department may revoke all other product registrations held by the registration holder. D. The department may revoke all other consumable hemp product registrations held by a person who has more than two consumable hemp products registrations revoked by the department within a two-year period. For three years thereafter, the department shall not accept any product registrations from such person or related entity, nor register any product manufactured by such person or related entity. E. The department may revoke all consumable hemp processor permits held by a person who has more than two consumable hemp products registrations revoked by the department within a two-year period. For three years thereafter, the department shall not issue a consumable hemp processor permit to such person or to any related entity. F. If the department revokes within a two-year period the registration of more than two consumable hemp products produced by a manufacturer, then the registration of all other consumable hemp products produced by such manufacturer may also be revoked. For three years thereafter, the department shall not register any products produced by such manufacturer or related entity. G. A revocation of a consumable hemp product registration that occurs solely due to a change in law shall not be considered a revocation for the purposes of Subsections D, E, and F of this Section. H. The provisions of this Section shall apply to the extent that they are more specific than any conflicting general enforcement provisions set forth in this Chapter or Title.