SECTION 24.18. Reporting and Recordkeeping

(a) License holders shall maintain records and reports of all hemp plants acquired, produced, handled, sampled and collected, or disposed for at least three years, using a Department form.

(b) All records shall be maintained and made available for inspection by Department inspectors, US authorities, or their representatives, during reasonable business hours. The following records must be made available:

(1) records regarding acquisition of hemp seed or cultivars;

(2) records regarding production of hemp;

(3) records regarding handling of hemp;

(4) records regarding sampling and collection of hemp;

(5) records regarding disposal of all cannabis plants that, upon testing by the Department, the license holder, or US authority, exceeds the acceptable hemp THC level; and

(6) records regarding the transport or proposed transport of hemp, including transport manifests.

(c) All reports and records required to be submitted to the Department as part of participation in this program which include confidential data or business information, including but not limited to information constituting a trade secret or disclosing a trade position, financial condition, or business operations of the particular license holder or their customers, shall be received by, and at all times kept in the custody and control of, the Department and its employees in accordance with the requirements of Texas law and the Department's information security procedures and policies. Confidential data or business information may be shared with US authorities, or their designees. License holders are responsible for identifying all of the license holder's confidential data or business information, including but not limited to information constituting a trade secret or trade positions, financial conditions, or business operations of the particular license holder or its customers which the license holder deems to be protected from disclosure by the Department. Such identification must be made by separate written communication to the Department specifically identifying the information sought to be protected by the license holder.

Source Note: The provisions of this §24.18 adopted to be effective March 11, 2020, 45 TexReg 1655