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§ 4901. Registration Application for Industrial Hemp.

3 CA ADC § 4901Barclays 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 1. Registration of Industrial Hemp Growers
Effective: May 11, 2023
3 CCR § 4901
§ 4901. Registration Application for Industrial Hemp.
Currentness
(a) Registration.
(1) Any person cultivating industrial hemp must have a valid registration prior to cultivation.
(2) A grower of industrial hemp, before cultivation, shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. The registration application for growers of industrial hemp shall include:
(A) the name, physical address, and contact information of the applicant, including mailing address, telephone number, and email,
(B) the business type (sole proprietor, partnership, corporation, limited liability company, or specified other type), business name(s) including all DBAs (“doing business as”), principal business address, and the employer identification number (EIN) of the business entity as provided by the Internal Revenue Service,
(C) the name(s), title(s), and email(s) (if available) of all key participants,
(D) the legal description, Global Positioning System coordinates, size, and map of the cultivation site(s),
(E) the approved cultivar to be grown, including the state or country of origin, and supporting documentation to demonstrate compliance with Section 4920, and
(F) the applicant's signature certifying the following:
1. the information provided on the application is true and correct,
2. the cultivation site(s) to be registered for industrial hemp cultivation is not on premises licensed by the Department of Cannabis Control to cultivate or process cannabis,
3. the applicant shall comply with all the requirements outlined in Division 24 of the Food and Agricultural Code and this chapter, and
4. any changes to the registration shall be provided to the commissioner in accordance with Section 4901(b).
(3) A hemp breeder, before cultivation, shall register with the commissioner of the county in which the hemp breeder intends to engage in industrial hemp cultivation. The registration application for hemp breeders shall include:
(A) the name, physical address, and contact information of the applicant, including mailing address, telephone number, and email,
(B) the business type (sole proprietor, partnership, corporation, limited liability company, or specified other type), business name(s) including all DBAs (“doing business as”), principal business address, and the employer identification number (EIN) of the business entity as provided by the Internal Revenue Service,
(C) the name(s), title(s), and email(s) (if available) of all key participants,
(D) the legal description, Global Positioning System coordinates, size, and map of the cultivation site(s),
(E) a variety development plan, which shall include:
1. the name of the seed-certifying agency that will be conducting the certification if a new cultivar is to be certified by a seed-certifying agency,
2. the hemp varieties that will be used and, if applicable, how those varieties will be used in the development of a new cultivar,
3. a plan for testing the THC concentration of a representative sample of the plants grown,
a. Industrial hemp produced by registered hemp breeders that does not enter the stream of commerce shall be sampled in accordance with the sampling procedures outlined in Sections 4940 through 4941 and tested in accordance with the testing procedures outlined in Sections 4942 through 4944, but shall not be subject to the sampling requirements outlined in Section 4941(b) if the proposed sampling method to test THC concentration has the potential to ensure, at a confidence level of 95 percent, that the plants grown will not test above the acceptable hemp THC level pursuant to Part 990.3 in Title 7 of the Code of Federal Regulations (October 31, 2019) which is hereby incorporated by reference, and
b. Industrial hemp produced by registered hemp breeders that enters the stream of commerce shall be sampled in accordance with the sampling procedures outlined in Sections 4940 through 4941 and tested in accordance with the testing procedures outlined in Sections 4942 through 4944.
4. the measures that will be taken to destroy any plants with THC concentrations that test above the acceptable hemp THC level, given that
a. Any hemp destruction shall be conducted in accordance 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.
5. the measures that will be taken to prevent the unlawful use of hemp under Division 24 of the Food and Agricultural Code and this chapter,
6. a procedure for the maintenance of records documenting the development of the new cultivar, and
(F) the applicant's signature certifying the following:
1. the information provided on the application is true and correct,
2. the cultivation site(s) to be registered for industrial hemp cultivation is not on premises licensed by the Department of Cannabis Control to cultivate or process cannabis,
3. the applicant shall comply with all the requirements outlined in Division 24 of the Food and Agricultural Code and this chapter, and
4. any changes to the registration shall be provided to the commissioner in accordance with Section 4901(b).
(4) An established agricultural research institution, before cultivation, shall register with the commissioner of the county in which the established agricultural research institution intends to engage in industrial hemp cultivation. Subsection (b)(4) shall become operative as of the date on which a state plan for California is approved in accordance with Food and Agricultural Code Section 81004.5(h). The registration application for established agricultural research institutions shall include:
(A) the name, physical address, and contact information of the applicant, including mailing address, telephone number, and email,
(B) the business type (sole proprietor, partnership, corporation, limited liability company, or specified other type), business name(s) including all DBAs (“doing business as” designations), and principal business address,
(C) the name(s), title(s), and email(s) (if available) of all key participants,
(D) the legal description, Global Positioning System coordinates, size, and map of the cultivation site(s),
(E) a research plan, which shall include:
1. the hemp varieties that will be used and, if applicable, how those varieties will be used for the purposes of agricultural or academic research,
2. a plan for testing a representative sample of the plants grown,
a. Industrial hemp produced by registered established agricultural research institutions that does not enter the stream of commerce shall be sampled in accordance with the sampling procedures outlined in Sections 4940 through 4941 and tested in accordance with the testing procedures outlined in Sections 4942 through 4944, but shall not be subject to the sampling requirements outlined in Section 4941(b) if the proposed sampling method to test THC concentration has the potential to ensure, at a confidence level of 95 percent, that the plants grown will not test above the acceptable hemp THC level pursuant to Part 990.3 in Title 7 of the Code of Federal Regulations (October 31, 2019) which is hereby incorporated by reference, and
b. Industrial hemp produced by registered established agricultural research institutions that enters the stream of commerce shall be sampled in accordance with the sampling procedures outlined in Sections 4940 through 4941 and tested in accordance with the testing procedures outlined in Sections 4942 through 4944.
3. the measures that will be taken to destroy any plants with THC concentrations that test above the acceptable hemp THC level, given that,
a. Any hemp destruction shall be conducted in accordance 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,
b. Registered established agricultural research institutions registered with the United States Drug Enforcement Administration to handle marijuana may possess industrial hemp with a laboratory test report that indicates a percentage concentration of THC that is greater than the acceptable hemp THC level if the possession contributes to the development of types of industrial hemp that will fall within the acceptable hemp THC level, until the end of the study, at which point the industrial hemp testing greater than the acceptable hemp THC level must be disposed of according to Section 4901(a)(4)(E)3.a.
4. a procedure for the maintenance of records documenting the agricultural or academic research, and
(F) the applicant's signature certifying the following:
1. the information provided on the application is true and correct,
2. the cultivation site(s) to be registered for industrial hemp cultivation is(are) not on premises licensed by the Department of Cannabis Control to cultivate or process cannabis,
3. the applicant shall comply with all the requirements outlined in Division 24 of the Food and Agricultural Code and this chapter, and
4. any changes to the registration shall be provided to the commissioner in accordance with Section 4901(b).
(5) Each registration application, except for established agricultural research institutions, shall be accompanied with the registration or renewal fee in accordance with Section 4900.
(6) Each registration application shall be accompanied by criminal history reports for all key participants in accordance with Section 4902.
(b) Alterations or changes to registration.
(1) Registration is non-transferrable to another person. A new registration application shall be submitted in accordance with Section 4901(a) for any change in ownership of the business or registered plants.
(2) Registrants shall submit an updated registration application to the commissioner for any of the following alterations or changes:
(A) Any alterations or changes to business name, contact information, or key participants must be submitted within 15 calendar days of the change.
(B) Any alterations or changes to cultivation sites, approved cultivars, variety development plans, or research plans, must be approved by the commissioner prior to planting.
(3) Any alterations or changes not submitted to the commissioner in accordance with the specified timeframes outlined in Section 4901(b) shall result in the existing crop being considered non-compliant and subject to destruction in accordance with Section 4950.
(4) If a registration class changes after approval it will be considered a new registration and a new review will be needed and new fee will be assessed.
(c) Registration renewal.
(1) A registrant shall submit a registration application in accordance with the registration procedures outlined in Section 4901(a) to the commissioner in each county in which the applicant intends to renew the registration at least 30 calendar days prior to the expiration of registration. Renewal applications received less than 30 calendar days from registration expiration may result in noncompliance with Section 4901(a).
(2) If the registration application for renewal is received less than 30 calendar days from registration expiration and registration is not renewed prior to registration expiration, any existing plantings shall be considered noncompliant with Section 4901(a) upon registration expiration.
(d) A single cultivation site cannot be registered for multiple registration classes.
(1) For example, a single cultivation site cannot be registered as both a grower and breeder cultivation site.
(2) A single cultivation site cannot be registered multiple times if more than one of the registrations are effective (not denied, revoked, or suspended). For example, a cultivation site cannot be registered to two different cultivators in separate registrations that are effective at the same time.
(e) Commissioner approval, refusal, or revocation.
(1) Once the commissioner receives the application in accordance with the registration procedures outlined in Section 4901(a) and Section 4901(b) for registration, registration amendment, or renewal and determines that the registration requirements pursuant to Division 24 of the Food and Agricultural Code and this chapter are met, the commissioner shall issue a registration to the applicant and notify the registrant that the key participants as defined in Section 4890(a)(18) with no disqualifying convictions may cultivate hemp using the registered cultivar(s), cultivation site(s), research plan(s), and variety development plan(s). For new registrations and registration amendments, the commissioner shall issue such registration and notice within 30 calendar days from the application submission date. For registration renewals, the commissioner shall issue such registration and notice prior to registration expiration, unless the application is received less than 30 calendar days prior to registration expiration, in which case the commissioner shall issue the registration and notice as soon as reasonably possible but not necessarily before expiration.
(2) The commissioner may verify the registration application by conducting field inspections. 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.
(3) If the commissioner determines that the application for registration or renewal does not meet the registration requirements outlined in Division 24 of the Food and Agricultural Code and this chapter, the commissioner shall provide written notification to the applicant of the deficiencies in the application. If the deficiency is a lack of requested information, the applicant shall have 30 calendar days from the receipt of the notification to provide the requested information to the commissioner. If the requested information is not provided within the timeframe, the commissioner shall deny registration.
(A) If registration is denied due to deficiencies in the application for registration or renewal, the applicant must submit a new application and registration or renewal fee (if applicable) to the commissioner in order to register to cultivate hemp.
(f) The following information shall be transmitted by the commissioner to the department no more than 10 business days, and submitted by the department to the United States Department of Agriculture no more than 30 business days, after the date on which it is collected, or, in the case of subparagraph (b), the date of a change in registration status:
(1) the name and contact information for each registrant,
(2) the employer identification number (EIN) of the business entity as provided by the Internal Revenue Service,
(3) a legal description of the land on which the registrant engages in hemp cultivation,
(4) the registration status of the registrant,
(5) the registration number for each registrant associated with each location in the state where hemp will be produced, and
(6) the name, business title, and email address (if available) of all key participants for each registration.
(g) The department and the commissioner shall retain information collected under this section for at least three years after collecting or receiving it.

Credits

Note: Authority cited: Sections 407, 81003, 81004, 81004.5, 81005, 81006 and 81013, Food and Agricultural Code. Reference: Sections 81003, 81004, 81004.5, 81005, 81006 and 81013, Food and Agricultural Code.
History
1. New section filed 3-17-2020 as an emergency; operative 3-17-2020 (Register 2020, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-14-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 3-17-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-12-2021 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-7-2021 as an emergency; operative 1-13-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). (Register 2021, No. 2). A Certificate of Compliance must be transmitted to OAL by 8-13-2021 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-7-2021 order, including amendment of section and Note, transmitted to OAL 8-9-2021 and filed 9-21-2021; amendments effective 9-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 39).
5. Amendment 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.
6. Amendment 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.
7. Certificate of Compliance as to 1-3-2023 order, including further amendment of section, 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, § 4901, 3 CA ADC § 4901
End of Document