California Code of Regulations
Title 3 - Food and Agriculture
Division 8 - Cannabis Cultivation
Chapter 2 - Cannabis Appellations Program
Article 2 - Petitions
Section 9107 - Standard, Practice, and Cultivar Requirements

Universal Citation: 3 CA Code of Regs 9107

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The petition shall identify and define at least one of each of the following production requirements for the proposed appellation of origin: standard, practice, and cultivar.

(a) Standard, practice, and cultivar requirements shall be reviewed for clarity. To satisfy this review the following conditions shall be met:

(1) The standard, practice, and cultivar requirements must be reasonable and logical and cannot have more than one meaning;

(2) The standard, practice, and cultivar requirements cannot conflict with one another or any other information provided in the petition;

(3) The meaning of terms used in the standard, practice, and cultivar requirements are generally familiar to other licensed cultivators;

(4) The language used for the standard, practice, and cultivar requirements is correct including grammar, punctuation, and spelling;

(5) The standard, practice, and cultivar requirements are presented in a format that is readily understandable by the public; and

(6) Licensees understand the requirements necessary to qualify for use of the appellation of origin.

(b) Standard requirements in a petition shall be either:

(1) Composed of upper limits, lower limits, or accepted ranges of measurable or scorable characteristics, including measurement and variance tolerances; or

(2) Program-level certifications granted by a certifier in good standing according to the certification owner; including but not limited to those associated with the department's comparable-to-organics certification program or certification marks registered with the United States Patent and Trademark Office and applicable to cannabis.

(c) Practice requirements in a petition shall:

(1) Include a description of the practice requirement to allow any licensed cultivator within the appellation of origin to comply without substantial additional research, and in plain language to provide clear understanding to the public; and

(2) Not use any term likely to mislead consumers as to the practice or its implementation.

(d) Cultivar requirements in a petition may take the form of:

(1) Allowed or prohibited lists of cultivar names, which may contain any number of entries including zero; or

(2) Requirements including genetic testing, seed or plant specimen preservation, or cultivar identity certification with identified limits on acceptable methods, vendors, and practices.

(e) Each standard, practice, and cultivar requirement shall include description of a mandatory mechanism by which compliance with the requirement shall be documented and supported by record retention pursuant to cannabis licensing record retention regulations. Appellation compliance documentation shall be thorough and appropriate to the requirement to allow determination of compliance based solely upon review of the records.

1. New section filed 11-23-2021; operative 1-1-2022 (Register 2021, No. 48). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Section 26063, Business and Professions Code. Reference: Section 26063, Business and Professions Code.

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