California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 8 - Industrial Hemp Cultivation
Article 2 - Regulations for Industrial Hemp Cultivation
Section 4936 - Movement of Industrial Hemp Nursery Stock

Universal Citation: 3 CA Code of Regs 4936

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) No less than 72 hours prior to the movement of industrial hemp nursery stock from its registered cultivation site or a change in ownership of the industrial hemp nursery stock, except for seed, the registrant shall sign and complete a transfer form, provided by the commissioner of the county where the industrial hemp nursery stock is registered, return the completed form to the commissioner, and:

(1) for movement or change of ownership within California, submit the completed form to the commissioner of the destination county, if different than the county of origin, or

(2) for interstate movement or change in ownership, submit the completed form to the destination state's department of agriculture.

(b) The transfer form shall include:

(1) originating registrant's name, registration number, contact information, and physical address of the origin site,

(2) receiving registrant's name, registration number, contact information, physical address of the destination site,

(3) anticipated start and end date of the movement or date of change in ownership, and

(4) name and number of each cultivar of plants moved or transferred to new ownership.

(c) The bill of lading shall be provided to the Department, the commissioner, or local law enforcement upon request.

(d) 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 § 6401 and § 6501).

1. New section 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 A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
2. New section 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 A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-3-2023 order, including amendment of subsection (a) and new subsection (d), 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 and 81006, Food and Agricultural Code. Reference: Section 81006, Food and Agricultural Code.

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