California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 8 - Industrial Hemp Cultivation
Article 3 - Abatement and Enforcement
Section 4951 - Corrective Action Plan
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) If the commissioner finds a cultivator has negligently violated Food and Agricultural Code Division 24 or this chapter, the commissioner shall issue a notice of violation and require a corrective action plan be provided by the cultivator. Negligent violations, defined as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation shall include:
(b) A notice of violation shall describe:
(c) A notice of violation that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address.
(d) If the commissioner determines that hemp grown not in compliance with Food and Agricultural Code Division 24 or this chapter will negatively affect the welfare or well-being of the general public, it is in the public interest to issue an order for the administrative hold of hemp:
(e) The commissioners or the Department shall not apply more than one negligent violation towards the eligibility requirement outlined in Section 4951(k) per calendar year.
(f) The cultivator will be required to provide a corrective action plan to the commissioner within 30 calendar days from the receipt of the notice of violation. The thirty-day period shall be tolled until the appeal periods described in Sections 4952(a), (b), or (c)(2), when applicable, have expired. The corrective action plan shall include:
(g) The corrective action plan shall be approved by the commissioner prior to implementation of the corrective action plan.
(h) The commissioner shall confirm compliance with the corrective action plan by conducting field inspections. The commissioner shall be provided with complete and unrestricted access during business hours to all hemp and other cannabis, 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.
(i) Failure to comply with this section shall result in revocation of registration and the existing crop may be considered non-compliant and subject to destruction in accordance with Section 4950.
(j) Revocation shall be effective within 30 calendar days from the notice of violation of the corrective action plan unless appealed pursuant to Section 4952.
(k) After 30 calendar days from revocation date and if the applicant intends to cultivate industrial hemp, the applicant shall submit a new registration application in accordance with the registration procedures outlined in Section 4901(a) and if requested by the commissioner, a corrective action plan.
(l) Any registrant, key participant, established agricultural research institution, or hemp breeder that commits a negligent violation three times in a five-year period shall be ineligible to participate in the industrial hemp program for a period of five years beginning on the date of the finding of the third violation.
(m) A cultivator shall not, as a result of a negligent violation, be subject to any criminal enforcement action by the state or local government.
(n) The Secretary shall immediately report any violations that are determined by the department or commissioner to have been conducted with a mental state greater than negligence which is defined as acting intentionally, knowingly, willfully, recklessly, or with criminal negligence including, but not limited to, intentionally, with recklessness, or with gross negligence, to the Attorney General of the United States and the Attorney General of California. Subsections (a) through (g) of this section shall not apply to such violations.
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 editorial correction of subsection lettering,
amendment of subsections (d)(7)-(8), (f) and (j), new subsection (k),
subsection relettering and amendment of newly designated subsection (l),
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 81012, Food and Agricultural Code. Reference: Section 81012, Food and Agricultural Code.