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§ 4950. Destruction of Non-Compliant Industrial Hemp Crops.

3 CA ADC § 4950Barclays Official California Code of RegulationsEffective: May 11, 2023

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 4. Plant Industry (Refs & Annos)
Chapter 8. Industrial Hemp Cultivation
Article 3. Abatement and Enforcement
Effective: May 11, 2023
3 CCR § 4950
§ 4950. Destruction of Non-Compliant Industrial Hemp Crops.
Currentness
(a) Any industrial hemp crop that does not meet the requirements of Division 24 of the Food and Agricultural Code and this chapter shall be destroyed in a manner compliant with Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (December 20, 2018) (Public Law 115-334), implementing regulations, and guidance which is hereby incorporated by reference.
(1) Unless otherwise specified in Section 4946 (c), any non-compliant industrial hemp crop shall be destroyed as soon as practical, but destruction must be completed no later than 45 calendar days after the cultivator's receipt of notification of abatement from the commissioner.
(b) The cultivator of the industrial hemp crop shall submit a signed destruction plan to the commissioner at least 24 hours prior to the start of the destruction, unless a shorter timeframe is allowed by the commissioner. The destruction plan shall include the:
(1) registration number, if applicable,
(2) name and contact information of the cultivator,
(3) anticipated destruction date(s) of the crop to be destroyed,
(4) name(s) of the cultivar(s) to be destroyed,
(5) unique sample identification number(s) as assigned on the sample analysis request form and percentage concentration of THC for each cultivar as reported on the laboratory test report, if applicable,
(6) physical address, Global Positioning System coordinates, general description and location type of the planting location, and total square footage or acreage of the destroyed planting,
(7) lot identification number as provided by United States Department of Agriculture Farm Service Agency, if available, and
(8) destruction method compliant with Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (December 20, 2018) (Public Law 115-334), implementing regulations, and guidance which is hereby incorporated by reference.
(c) The destruction plan shall be approved by the commissioner prior to the start of the destruction.
(d) Unless destroyed by a reverse distributor registered with the United States Drug Enforcement Administration or by law enforcement, the destruction shall be conducted at the planting site.
(e) The cultivator shall submit a signed destruction report to the commissioner within 72 hours following the completion of the destruction. The destruction report shall include the:
(1) registration number, if applicable,
(2) name and contact information of the cultivator,
(3) date(s) and time(s) of destruction,
(4) name(s) of the cultivar(s) destroyed,
(5) unique sample identification number(s) and percentage concentration of THC for each cultivar as reported on the laboratory test report, if applicable,
(6) physical address, Global Positioning System coordinates, general description and location type of the planting location, and total square footage or acreage of the destroyed planting,
(7) lot identification number as provided by United States Department of Agriculture Farm Service Agency, if available, and
(8) description and quantity of the material destroyed.
(f) The commissioner shall confirm the destruction of the crop by either conducting field inspections or directing cultivators to provide pictures or videos that disposal occurred successfully. The commissioner shall be provided with complete and unrestricted access during business hours to all hemp and other cannabis plants, 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.
(g) If the commissioner determines the destruction was not executed consistent with the destruction plan, they shall require a corrective action plan consistent with section 4951 (f)-(h) or revoke the registration.
(h) The Department shall make a template of a destruction plan and destruction report available on the Department's website.
(i) The Department shall notify the United States Department of Agriculture by certified mail or electronically by the first of each month of any occurrence of non-compliant plants or plant material and provide a disposal record for those plants and materials in accordance with the procedure outlined in Part 990.70(b) in Title 7 of the Code of Federal Regulations.

Credits

Note: Authority cited: Sections 407, 81003, 81004, 81004.5 and 81006, Food and Agricultural Code. Reference: Section 81006, Food and Agricultural Code.
History
1. New article 3 (sections 4950-4950.1) and section filed 6-10-2019 as an emergency; operative 6-10-2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 4950-4950.1) and section refiled 12-10-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).
4. New article 3 (sections 4950-4950.1) and section refiled 3-24-2020 as an emergency; operative 3-24-2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.
5. New article 3 (sections 4950-4950.1) and section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).
7. New article 3 (sections 4950-4950.1) and section filed 1-11-2021; operative 1-11-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
8. Amendment of section and Note 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.
9. Amendment of section and Note 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.
10. Certificate of Compliance as to 1-3-2023 order, including new subsection (g) and subsection relettering, 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).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 3, § 4950, 3 CA ADC § 4950
End of Document