Chapter 32-11 REPORTS AND RECORDKEEPING

CHAPTER 32-11
REPORTS AND RECORDKEEPING

32-11-1 Tax Commission Reporting.

(A) Tribal Council. The Tax Commission shall provide a quarterly report to the Tribal Council summarizing the Tax Commission activities.

(B) USDA.

(1) Once per month and not more than thirty (30) calendar days after receiving the information, the Tax Commission shall submit to the Secretary in a format that is compatible with the USDA’s information sharing system the following information:

(a) For each new hemp production license issued to an individual person, the full name of the individual, hemp production license identifier, business address, telephone number, and email address (if available);

(b) For each new hemp production license issued to an entity, the full name of the entity, principal business location address, hemp production license identifier, and full name, title, and email address (if available) of each key participant;

(c) For each hemp production license that was included in a previous report and whose reported information has changed, the report shall include the previously reported information and the new information;

(d) A legal description of the registered land area, including, to the extent practicable, its geospatial location;

(e) The status of each hemp production license;

(f) The period covered by the report; and

(g) Indication that there were no changes during the current reporting cycle, if applicable.

(2) The Tax Commission must submit to the USDA, including the Agricultural Marketing Service of the USDA, on an annual basis by December 15th of each year:

(a) Total planted acreage;

(b) Total harvested acreage;

(d) Total acreage remediated.

(3) The Tax Commission shall promptly notify the Administrator of the Agricultural Marketing Service of the USDA by certified mail or electronically of any occurrence of cannabis plants or plant material that do not meet the definition of hemp in this title and attach the records demonstrating the appropriate disposal of all such plants and materials in the lot from which the representative samples were taken.

(4) Within thirty (30) calendar days of receiving the information, the Tax Commission shall submit to the USDA a report notifying the USDA of any occurrence of nonconforming plants or plant material and providing a disposal or remediation record of those plants and materials. For each producer subject to a disposal during the reporting period, the report will include:

(a) The name, address, and contact information of the producer;

(b) The hemp production license identifier;

(c) The location information, such as lot number, location type, and geospatial location or other location descriptor for the area subject to disposal or remediation;

(d) Information on the agent handling the disposal;

(e) The date disposal or remediation was completed; and

(f) Total acreage.

(C) Law Enforcement. The Tax Commission shall immediately report a person, entity, or THPE that it has determined violated this title with a culpable mental state greater than negligence to the chief law enforcement officer of the Nation and the United States Attorney General.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-11-2 Tax Commission Recordkeeping.

The Tax Commission shall maintain all records for a minimum of three (3) years, including but not limited to records related to authorization identifiers, including changes in status, laboratory test reports, inspections, and violations.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-11-3 Producer Reporting.

(A) Tax Commission.

(1) Each producer must report the information below to the Tax Commission on an annual basis by December 1st of each year:

(a) The name, address, and contact information of the producer;

(b) The producer’s license number;

(d) Total harvested acreage;

(e) Total acreage disposed; and

(f) Total acreage remediated.

(2) Producers shall promptly report to the Tax Commission hemp crop acreage and shall provide, at a minimum, the following information:

(a) Street address and, to the extent practicable, geospatial location for each registered land area and the specific location of the lot or greenhouse where hemp will be produced or handled (with the type of activity associated with the production or handling noted), where, if the producer operates in more than one (1) location, that information shall be provided for all registered land areas;

(b) Acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp; and

(3) Producers must ensure that within fourteen (14) calendar days after the completed planting of any hemp crop, they submit a planting report that includes the geospatial location and a map showing the location and actual acreage or square feet of hemp planted.

(4) Producers must ensure that at least thirty-five (35) calendar days prior to the anticipated harvest of cannabis plants, they submit a pre-harvest notification to the Tax Commission.

(5) Producers shall promptly ensure the laboratory that conducts the test of the sample(s) from its lots reports the test results for all samples tested to the Tax Commission. The test results report shall contain the following information for each sample tested:

(a) The hemp production license identifier;

(b) The name of the producer;

(d) The lot identification number for the sample;

(e) The name of the laboratory;

(f) The date of the test and report;

(g) The identification of a retest; and

(h) The test result.

(6) Producers must ensure that within fourteen (14) calendar days after harvesting the plant, they submit a post-harvest report to the Tax Commission, on a form provided by the Tax Commission.

(7) Producers must promptly notify the Tax Commission of their intent to dispose or remediate cannabis plants that are not legal hemp and verify disposal or remediation by submitting required documentation.

(B) USDA.

(1) Producers shall report to the Farm Service Agency of the USDA hemp crop acreage and shall provide, at a minimum, the following information:

(a) Street address and, to the extent practicable, geospatial location for each registered land area and the specific location of the lot or greenhouse where hemp will be produced, provided, if the producer operates in more than one (1) location, that information shall be provided for all registered land areas;

(b) Acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp; and

(2) Within thirty (30) calendar days of receiving the information, producers shall ensure the laboratory that conducts the test of the sample(s) from its lots reports the test results for all samples tested to the USDA. The test results report shall contain the following information for each sample tested:

(a) The hemp production license identifier;

(b) The name of the producer;

(d) The lot identification number for the sample;

(e) The name of the laboratory;

(f) The date of the test and report;

(g) The identification of a retest; and

(h) The test result.

(3) Producers must notify the USDA of their intent to dispose or remediate cannabis plants that are not legal hemp and verify disposal or remediate by submitting required documentation.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-11-4 Producer Recordkeeping.

For each lot, a producer shall maintain its hemp production license that approved its hemp production and handling and the laboratory test report containing information about its THC level for a minimum of three (3) years.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)