Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The Secretary, as provided in Section
81002 of the Food and Agricultural
Code, adopts the following list of approved cultivars.
(1) Industrial hemp seed or propagative
materials certified as breeder, foundation, registered, or certified seed or
stock by one of the following agencies:
(A)
Member organizations of the Association of Official Seed Certifying
Agencies,
(B) Organization of
Economic Cooperation and Development, or
(C) An officially approved and recognized
seed-certifying agency listed in Title 3, California Code of Regulations,
Section 3875, as provided in Section
52401
of the Food and Agricultural Code.
(2) Industrial hemp seed or propagative
materials produced in a quality assurance program approved by one of the
following agencies:
(A) Member organizations
of the Association of Official Seed Certifying Agencies,
(B) Organization of Economic Cooperation and
Development, or
(C) An officially
approved and recognized seed-certifying agency listed in Title 3, California
Code of Regulations, Section
3875, as provided in Section
52401
of the Food and Agricultural Code.
(3) Industrial hemp seed or propagative
materials produced by an authorized participant in a state industrial hemp
agricultural pilot program, pursuant to Section
7606 of the federal Agricultural
Act of 2014 (7 U.S.C. Sec.
5940) or an authorized participant under an
approved state, tribal, or federal regulatory plan for hemp production pursuant
to Section 297 B of the federal Agriculture
Improvement Act of 2018 (December 20, 2018) (Public Law 115-334).
(A) The crop from which the seed or
propagative materials were harvested from shall have been tested in accordance
with a testing method approved by the regulatory authority in the state of
origin and found to have no more than three-tenths of one percent
tetrahydrocannabinol (THC) on a dry weight basis.
(B) The commissioner shall be notified of the
importation of all propagative materials into the county. The shipment is
subject to inspection by the commissioner and shall not be used for cultivation
until released by the commissioner (California Food and Agricultural Code
Division 4, Part 2, Chapter 2 Sections
6401 and
6501).
(4) Industrial hemp seeds or tissue culture
plants imported from outside the United States that meets federal importation
requirements.
(A) The crop from which the
seeds or tissue culture plants were harvested from shall have been tested in
accordance with a testing method approved by the department of agriculture in
the country of origin and found to have no more than three-tenths of one
percent THC on a dry weight basis.
(B) The commissioner shall be notified of the
importation of all propagative materials into the county. The shipment is
subject to inspection by the commissioner and shall not be used for cultivation
until released by the commissioner (California Food and Agricultural Code
Division 4, Part 2, Chapter 2 Sections
6401 and
6501).
(C) For the purposes of this section, the
term "tissue culture" means in vitro material introduced into culture from
nodal cuttings at a particular time and from a single plant and grown in
aseptic conditions to be used as a source of propagative
material.
(5) Industrial
hemp seed or propagative materials produced in California in accordance with
the provisions of Division 24 of the Food and Agricultural Code and this
chapter.
(A) The crop from which the seed or
propagative materials were harvested from shall have been tested by a
department-approved laboratory and found to have no more than three-tenths of
one percent THC on a dry weight basis.
(B) The commissioner shall be notified of the
importation of all propagative materials into the county. The shipment is
subject to inspection by the commissioner and shall not be used for cultivation
until released by the commissioner (California Food and Agricultural Code
Division 4, Part 2, Chapter 2 Sections
6401 and
6501).
1. New
section filed 2-28-2019; operative 2-28-2019. This regulatory action is exempt
from the Administrative Procedure Act and OAL review pursuant to Food and
Agricultural Code section
81002(c)(2)
(Register 2019, No. 9).
2. Amendment of section heading, subsections
(a), (a)(3), (a)(3)(B) and (a)(4)(B) and new subsection (a)(5)(B) filed
8-12-2022; operative 8-12-2022. This regulatory action is exempt from the
Administrative Procedure Act and OAL review and submitted to OAL for filing and
printing only pursuant to Food and Agricultural Code section
81002(c)(2)
(Register 2022, No. 32).
Note: Authority cited: Sections
407
and
81002,
Food and Agricultural Code. Reference: Sections
81001
and
81002,
Food and Agricultural Code.