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Government rectifies Ordinance and farmers do not need a specialized technician

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The government published yesterday a statement of rectification à Ordinance No. 83 / 2021, after an interpellation made by CannaCasa to the Presidency of the Council of Ministers. The Industrial Hemp Association asked for clarification on a possible lapse in the aforementioned ordinance, where the simple change of a paragraph obliged hemp farmers to have a technical manager.

Farmers' reactions were not long in coming and several protested against the new law. Wrongly, the Ordinance referred the cultivation of hemp to a paragraph of the Ordinance that established the requirement for each producer to present proof of qualification of the technician in charge, which only applies to medical cannabis, and which CannaCasa believed to be a mistake .

In a letter sent to the Presidency of the Council of Ministers, CannaCasa said that “by reading the various paragraphs present in number 1 of article 3, it appears that al. m), “Full address and geographic location by coordinates of the facilities where the product is stored”, configures ipsis verbis the only one of the requirements so far required by DGAV not included in Ordinance 83/2021, being al. n) from the same ordinance “Proof of technical qualification of the technician in charge adequate to the exercise of the activity, in order to guarantee the management and ensure the quality of the activities carried out” completely new. In fact, this requirement had never been required for the activity in question.”

CannaCasa alerted the Council of Ministers to the error, saying that “it is our understanding that the publication of Ordinance 83/2021 incorporated, in number 2 of article 3, a lapse in relation to the instruction requirements for the authorization of the cultivation of cannabis for industrial purposes, namely in the incorrect inclusion of al. n), when we believe that al. m).”

Less than a month later, the Declaration of Rectification No. 15/2021, which replaces “item n) Proof of technical qualification of the technical person in charge appropriate to the exercise of the activity, in order to guarantee the management and ensure the quality of the activities carried out” by “m) Complete address and geographic location by coordinates of the facilities where the product is stored”.

Despite seeming irrelevant, the change is extremely important, as the requirement for a technician could make hemp cultivation unfeasible for the vast majority of farmers.

 

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[Disclaimer: Please note that this text was originally written in Portuguese and is translated into English and other languages ​​using an automatic translator. Some words may differ from the original and typos or errors may occur in other languages.]

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