(1) The department may create and maintain on its website a list of prohibited industrial hemp varieties.

    (2) The department shall develop an enforcement response policy for use under chapter VI. The enforcement response policy must provide for consideration and application of all of the following factors:

    (a) Whether a grower has committed 1 or more violations under chapter VI.

    (b) The severity of a violation under chapter VI.

    (c) Whether a person has had previous contact with the department about violations or attempted violations under chapter VI.

    (d) Past enforcement actions under chapter VI.

    (e) Any other circumstances as determined by the department.