Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The Secretary adopts the following
methodology and procedure to add, amend or remove a cultivar from the list of
approved cultivars.
(1) Upon request from the
chair of the Board, or of any four members of the Board, the Department shall
schedule a public hearing to consider a proposal to update the list of approved
cultivars by adding, amending, or removing cultivars. A notice and text of the
proposal shall be made available to the public no less than 30 days prior to
the hearing.
(2) The public hearing
to consider a proposal to update the list of approved cultivars shall be part
of a regularly scheduled meeting of the Industrial Hemp Advisory
board.
(3) The public hearing shall
include:
(A) Presentation of the proposal to
update the list of approved cultivars;
(B) Presentation of the purpose for the
update; and
(C) Opportunity for
public comment, pursuant to Section
11125.7 of
the Government Code.
(4)
After receiving comments from the public, the Board shall vote to accept, amend
and accept, or deny a proposal for recommendation to the Secretary.
(5) Upon recommendation by the Board to adopt
a proposal and approval by the Secretary, the Department shall amend the list
of approved cultivars and shall submit the amended list to the Office of
Administrative Law to be filed promptly with the Secretary of State. Pursuant
to Section 81002 of the Food and Agricultural
Code, the proposal shall not be subject to further review.
(6) The Department shall post the list of
approved cultivars to its website and shall provide electronic and/or mail
notification of amendments to list of approved cultivars to parties that have
requested notification. An interested party may go to the Department's website
and elect to receive automatic notifications of any changes to the list of
approved cultivars via an electronic mail listserv.
(b) Amendment of the methodology and
procedure.
(1) By motion, the Board may
recommend amending the methodology and procedure in subsection (a). In
consultation with the chair of the Board, the Department shall schedule a
public hearing to consider the recommendation, and a notice and text of the
proposed amendment shall be made available to the public no less than 30 days
prior to the hearing.
(2) The
public hearing to consider a proposal to amend the methodology and procedure
shall be part of a regularly scheduled meeting of the Industrial Hemp Advisory
Board.
(3) The public hearing shall
include:
(A) Presentation of the proposal to
amend the methodology and procedure;
(B) Presentation of the purpose for the
amendment; and
(C) Opportunity for
public comment, pursuant to Section
11125.7 of
the Government Code.
(4)
After receiving comments from the public, the Board shall vote to accept, amend
and accept, or deny the proposal for recommendation to the Secretary.
(5) Upon recommendation by the Board to adopt
the amendment and approval by the Secretary, the Department shall amend the
methodology and procedure, and shall submit the amended methodology and
procedure to the Office of Administrative Law to be filed promptly with the
Secretary of State. Pursuant to Section
81002 of the Food and Agricultural
Code, the proposal shall not be subject to further review.
(6) The Department shall provide electronic
and/or mail notification of the amendment to the methodology and procedure to
parties that have requested notification. An interested party may go to the
Department's website and elect to receive automatic notifications of any
changes to the methodology and procedure via an electronic mail
listserv.
1. New
chapter 8 (article 2, section
4921), article 2 (section
4921) and section filed 12-18-2018;
operative 12-18-2018. This regulatory action is exempt from the Administrative
Procedure Act and OAL review pursuant to Food and Agricultural Code sections
81002(c)(1) and
81002(c)(3)
(Register 2018, No. 51).
2. Amendment of section heading and
subsections (a)-(a)(2), (a)(3)(A) and (a)(5)-(6) 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.
