Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Registration.
(1) Any person cultivating industrial hemp
must have a valid registration prior to cultivation.
(2) A grower of industrial hemp, before
cultivation, shall register with the commissioner of the county in which the
grower intends to engage in industrial hemp cultivation. The registration
application for growers of industrial hemp shall include:
(A) the name, physical address, and contact
information of the applicant, including mailing address, telephone number, and
email,
(B) the business type (sole
proprietor, partnership, corporation, limited liability company, or specified
other type), business name(s) including all DBAs ("doing business as"),
principal business address, and the employer identification number (EIN) of the
business entity as provided by the Internal Revenue Service,
(C) the name(s), title(s), and email(s) (if
available) of all key participants,
(D) the legal description, Global Positioning
System coordinates, size, and map of the cultivation site(s),
(E) the approved cultivar to be grown,
including the state or country of origin, and supporting documentation to
demonstrate compliance with Section
4920, and
(F) the applicant's signature certifying the
following:
1. the information provided on the
application is true and correct,
2.
the cultivation site(s) to be registered for industrial hemp cultivation is not
on premises licensed by the Department of Cannabis Control to cultivate or
process cannabis,
3. the applicant
shall comply with all the requirements outlined in Division 24 of the Food and
Agricultural Code and this chapter, and
4. any changes to the registration shall be
provided to the commissioner in accordance with Section
4901(b).
(3) A hemp breeder,
before cultivation, shall register with the commissioner of the county in which
the hemp breeder intends to engage in industrial hemp cultivation. The
registration application for hemp breeders shall include:
(A) the name, physical address, and contact
information of the applicant, including mailing address, telephone number, and
email,
(B) the business type (sole
proprietor, partnership, corporation, limited liability company, or specified
other type), business name(s) including all DBAs ("doing business as"),
principal business address, and the employer identification number (EIN) of the
business entity as provided by the Internal Revenue Service,
(C) the name(s), title(s), and email(s) (if
available) of all key participants,
(D) the legal description, Global Positioning
System coordinates, size, and map of the cultivation site(s),
(E) a variety development plan, which shall
include:
1. the name of the seed-certifying
agency that will be conducting the certification if a new cultivar is to be
certified by a seed-certifying agency,
2. the hemp varieties that will be used and,
if applicable, how those varieties will be used in the development of a new
cultivar,
3. a plan for testing the
THC concentration of a representative sample of the plants grown,
a. Industrial hemp produced by registered
hemp breeders that does not enter the stream of commerce shall be sampled in
accordance with the sampling procedures outlined in Sections
4940 through
4941 and tested in accordance with
the testing procedures outlined in Sections
4942 through
4944, but shall not be subject to
the sampling requirements outlined in Section
4941(b) if the
proposed sampling method to test THC concentration has the potential to ensure,
at a confidence level of 95 percent, that the plants grown will not test above
the acceptable hemp THC level pursuant to Part 990.3 in Title 7 of the Code of
Federal Regulations (October 31, 2019) which is hereby incorporated by
reference, and
b. Industrial hemp
produced by registered hemp breeders that enters the stream of commerce shall
be sampled in accordance with the sampling procedures outlined in Sections
4940 through
4941 and tested in accordance with
the testing procedures outlined in Sections
4942 through
4944.
4. the measures that will be taken to destroy
any plants with THC concentrations that test above the acceptable hemp THC
level, given that
a. Any hemp destruction
shall be conducted in accordance with Section
297 B of the federal Agricultural
Marketing Act of 1946 (added by Section
10113 of the federal Agriculture
Improvement Act of 2018 (December 20, 2018) (Public Law 115-334)),
implementing regulations, and guidance which is hereby incorporated by
reference.
5. the
measures that will be taken to prevent the unlawful use of hemp under Division
24 of the Food and Agricultural Code and this chapter,
6. a procedure for the maintenance of records
documenting the development of the new cultivar, and
(F) the applicant's signature certifying the
following:
1. the information provided on the
application is true and correct,
2.
the cultivation site(s) to be registered for industrial hemp cultivation is not
on premises licensed by the Department of Cannabis Control to cultivate or
process cannabis,
3. the applicant
shall comply with all the requirements outlined in Division 24 of the Food and
Agricultural Code and this chapter, and
4. any changes to the registration shall be
provided to the commissioner in accordance with Section
4901(b).
(4) An established
agricultural research institution, before cultivation, shall register with the
commissioner of the county in which the established agricultural research
institution intends to engage in industrial hemp cultivation. Subsection (b)(4)
shall become operative as of the date on which a state plan for California is
approved in accordance with Food and Agricultural Code Section
81004.5(h). The
registration application for established agricultural research institutions
shall include:
(A) the name, physical
address, and contact information of the applicant, including mailing address,
telephone number, and email,
(B)
the business type (sole proprietor, partnership, corporation, limited liability
company, or specified other type), business name(s) including all DBAs ("doing
business as" designations), and principal business address,
(C) the name(s), title(s), and email(s) (if
available) of all key participants,
(D) the legal description, Global Positioning
System coordinates, size, and map of the cultivation site(s),
(E) a research plan, which shall include:
1. the hemp varieties that will be used and,
if applicable, how those varieties will be used for the purposes of
agricultural or academic research,
2. a plan for testing a representative sample
of the plants grown,
a. Industrial hemp
produced by registered established agricultural research institutions that does
not enter the stream of commerce shall be sampled in accordance with the
sampling procedures outlined in Sections
4940 through
4941 and tested in accordance with
the testing procedures outlined in Sections
4942 through
4944, but shall not be subject to
the sampling requirements outlined in Section
4941(b) if the
proposed sampling method to test THC concentration has the potential to ensure,
at a confidence level of 95 percent, that the plants grown will not test above
the acceptable hemp THC level pursuant to Part 990.3 in Title 7 of the Code of
Federal Regulations (October 31, 2019) which is hereby incorporated by
reference, and
b. Industrial hemp
produced by registered established agricultural research institutions that
enters the stream of commerce shall be sampled in accordance with the sampling
procedures outlined in Sections
4940 through
4941 and tested in accordance with
the testing procedures outlined in Sections
4942 through
4944.
3. the measures that will be taken to destroy
any plants with THC concentrations that test above the acceptable hemp THC
level, given that,
a. Any hemp destruction
shall be conducted in accordance with Section
297 B of the federal Agricultural
Marketing Act of 1946 (added by Section
10113 of the federal Agriculture
Improvement Act of 2018 (December 20, 2018) (Public Law 115-334)),
implementing regulations, and guidance which is hereby incorporated by
reference,
b. Registered
established agricultural research institutions registered with the United
States Drug Enforcement Administration to handle marijuana may possess
industrial hemp with a laboratory test report that indicates a percentage
concentration of THC that is greater than the acceptable hemp THC level if the
possession contributes to the development of types of industrial hemp that will
fall within the acceptable hemp THC level, until the end of the study, at which
point the industrial hemp testing greater than the acceptable hemp THC level
must be disposed of according to Section
4901(a)(4)(E)3.a.
4. a procedure for the maintenance
of records documenting the agricultural or academic research, and
(F) the applicant's signature
certifying the following:
1. the information
provided on the application is true and correct,
2. the cultivation site(s) to be registered
for industrial hemp cultivation is(are) not on premises licensed by the
Department of Cannabis Control to cultivate or process cannabis,
3. the applicant shall comply with all the
requirements outlined in Division 24 of the Food and Agricultural Code and this
chapter, and
4. any changes to the
registration shall be provided to the commissioner in accordance with Section
4901(b).
(5) Each registration
application, except for established agricultural research institutions, shall
be accompanied with the registration or renewal fee in accordance with Section
4900.
(6) Each registration application shall be
accompanied by criminal history reports for all key participants in accordance
with Section
4902.
(b) Alterations or changes to registration.
(1) Registration is non-transferrable to
another person. A new registration application shall be submitted in accordance
with Section
4901(a) for any
change in ownership of the business or registered plants.
(2) Registrants shall submit an updated
registration application to the commissioner for any of the following
alterations or changes:
(A) Any alterations or
changes to business name, contact information, or key participants must be
submitted within 15 calendar days of the change.
(B) Any alterations or changes to cultivation
sites, approved cultivars, variety development plans, or research plans, must
be approved by the commissioner prior to planting.
(3) Any alterations or changes not submitted
to the commissioner in accordance with the specified timeframes outlined in
Section 4901(b) shall
result in the existing crop being considered non-compliant and subject to
destruction in accordance with Section
4950.
(4) If a registration class changes after
approval it will be considered a new registration and a new review will be
needed and new fee will be assessed.
(c) Registration renewal.
(1) A registrant shall submit a registration
application in accordance with the registration procedures outlined in Section
4901(a) to the
commissioner in each county in which the applicant intends to renew the
registration at least 30 calendar days prior to the expiration of registration.
Renewal applications received less than 30 calendar days from registration
expiration may result in noncompliance with Section
4901(a).
(2) If the registration application for
renewal is received less than 30 calendar days from registration expiration and
registration is not renewed prior to registration expiration, any existing
plantings shall be considered noncompliant with Section
4901(a) upon
registration expiration.
(d) A single cultivation site cannot be
registered for multiple registration classes.
(1) For example, a single cultivation site
cannot be registered as both a grower and breeder cultivation site.
(2) A single cultivation site cannot be
registered multiple times if more than one of the registrations are effective
(not denied, revoked, or suspended). For example, a cultivation site cannot be
registered to two different cultivators in separate registrations that are
effective at the same time.
(e) Commissioner approval, refusal, or
revocation.
(1) Once the commissioner receives
the application in accordance with the registration procedures outlined in
Section 4901(a) and
Section 4901(b) for
registration, registration amendment, or renewal and determines that the
registration requirements pursuant to Division 24 of the Food and Agricultural
Code and this chapter are met, the commissioner shall issue a registration to
the applicant and notify the registrant that the key participants as defined in
Section 4890(a)(18) with
no disqualifying convictions may cultivate hemp using the registered
cultivar(s), cultivation site(s), research plan(s), and variety development
plan(s). For new registrations and registration amendments, the commissioner
shall issue such registration and notice within 30 calendar days from the
application submission date. For registration renewals, the commissioner shall
issue such registration and notice prior to registration expiration, unless the
application is received less than 30 calendar days prior to registration
expiration, in which case the commissioner shall issue the registration and
notice as soon as reasonably possible but not necessarily before
expiration.
(2) The commissioner
may verify the registration application by conducting field inspections. The
commissioner shall be provided with complete and unrestricted access during
business hours to all hemp and other cannabis plants, whether growing or
harvested, and all land, buildings, and other structures used for the
cultivation, handling, and storage of all hemp and other cannabis plants, and
all locations registered as a cultivation site.
(3) If the commissioner determines that the
application for registration or renewal does not meet the registration
requirements outlined in Division 24 of the Food and Agricultural Code and this
chapter, the commissioner shall provide written notification to the applicant
of the deficiencies in the application. If the deficiency is a lack of
requested information, the applicant shall have 30 calendar days from the
receipt of the notification to provide the requested information to the
commissioner. If the requested information is not provided within the
timeframe, the commissioner shall deny registration.
(A) If registration is denied due to
deficiencies in the application for registration or renewal, the applicant must
submit a new application and registration or renewal fee (if applicable) to the
commissioner in order to register to cultivate hemp.
(f) The following information
shall be transmitted by the commissioner to the department no more than 10
business days, and submitted by the department to the United States Department
of Agriculture no more than 30 business days, after the date on which it is
collected, or, in the case of subparagraph (b), the date of a change in
registration status:
(1) the name and contact
information for each registrant,
(2) the employer identification number (EIN)
of the business entity as provided by the Internal Revenue Service,
(3) a legal description of the land on which
the registrant engages in hemp cultivation,
(4) the registration status of the
registrant,
(5) the registration
number for each registrant associated with each location in the state where
hemp will be produced, and
(6) the
name, business title, and email address (if available) of all key participants
for each registration.
(g) The department and the commissioner shall
retain information collected under this section for at least three years after
collecting or receiving it.
1. New
section filed 3-17-2020 as an emergency; operative 3-17-2020 (Register 2020,
No. 12). A Certificate of Compliance must be transmitted to OAL by 9-14-2020 or
emergency language will be repealed by operation of law on the following
day.
2. Emergency filed 3-17-2020 extended 60 days pursuant to
Executive Order N-40-20 and an additional 60 days pursuant to Executive Order
N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-12-2021 or emergency language will be repealed by
operation of law on the following day.
3. New section refiled
1-7-2021 as an emergency; operative 1-13-2021. Emergency expiration extended 60
days (Executive Order N-40-20) plus an additional 60 days (Executive Order
N-71-20). (Register 2021, No. 2). A Certificate of Compliance must be
transmitted to OAL by 8-13-2021 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance
as to 1-7-2021 order, including amendment of section and NOTE, transmitted to
OAL 8-9-2021 and filed 9-21-2021; amendments effective 9-21-2021 pursuant to
Government Code section
11343.4(b)(3)
(Register 2021, No. 39).
5. Amendment filed 7-11-2022 as an
emergency; operative 7-11-2022 (Register 2022, No. 28). A Certificate of
Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be
repealed by operation of law on the following day.
6. Amendment
refiled 1-3-2023 as an emergency; operative 1-3-2023 (Register 2023, No. 1). A
Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency
language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 1-3-2023 order, including
further amendment of section, transmitted to OAL 3-29-2023 and filed 5-11-2023;
amendments effective 5-11-2023 pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 19).
Note: Authority cited: Sections
407,
81003,
81004,
81004.5,
81005,
81006
and
81013,
Food and Agricultural Code. Reference: Sections
81003,
81004,
81004.5,
81005,
81006
and
81013,
Food and Agricultural Code.