(a) A commercial cannabis business applying for a license to cultivate cannabis shall provide the following information:
(1) The hours of operation for each day of the week the commercial cannabis business will have staff on the licensed premises. Applicants may include annual scheduled closure periods for their site.
(2) For commercial cannabis businesses that are a cannabis cooperative as defined by division 10, chapter 22 (commencing with section 26220) of the Business and Professions Code, identification of all members, identifying information shall include each member's license number for commercial cannabis activity, and the name of the licensed business.
(3) For all cultivator license types except processor, evidence of enrollment in an order or waiver of waste discharge requirements with the State Water Resources Control Board or the appropriate Regional Water Quality Control Board. Acceptable documentation for evidence of enrollment may be a Notice of Applicability letter. Acceptable documentation that enrollment is not necessary may be a Notice of Non-Applicability.
(4) Evidence that the commercial cannabis business has conducted a hazardous materials record search of the EnviroStor database for the proposed premises. If hazardous sites were encountered, the applicant shall provide documentation of protocols implemented to protect employee health and safety.
(5) For indoor and mixed-light license types, identification of all power sources for cultivation activities, including, but not limited to, illumination, heating, cooling, and ventilation.
(6) A proposed cultivation plan that complies with the requirements in section 16309.
(7) Identification of all water sources used for cultivation activities as required in section 16311.
(8) A copy of any final lake or streambed alteration agreement issued by the California Department of Fish and Wildlife, pursuant to sections 1602 or 1617 of the Fish and Game Code, or written verification from the California Department of Fish and Wildlife that a lake and streambed alteration agreement is not required.
(9) An attestation that the applicant entity is an “agricultural employer” as defined by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975; division 2, part 3.5 (commencing with section 1140) of the Labor Code.
(10) An attestation that the local fire department has been notified of the cultivation site if the application is for an indoor license type.
(11) If applicable, the applicant shall provide evidence that the proposed premises is not located in whole or in part in a watershed or other geographic area that the State Water Resources Control Board or the Department of Fish and Wildlife has determined to be significantly adversely impacted by cannabis cultivation pursuant to section 26060(a)(2) of the Business and Professions Code.
(12) For all cultivator license types except processor, a signed attestation that states the commercial cannabis business shall contact the appropriate County Agricultural Commissioner regarding requirements for legal use of pesticides on cannabis prior to using any of the active ingredients or products included in the pest management plan and shall comply with all pesticide laws.
(b) A commercial cannabis business applying for a license to manufacture cannabis products shall provide the following information:
(1) The type(s) of activity that will be conducted at the proposed licensed premises (extraction, infusion, packaging, or labeling).
(2) The types of products that will be manufactured, packaged, or labeled at the premises, including a product list.
(3) The name, title, email address, and phone number of the onsite individual who manages the operation of the premises.
(4) The name, title, email address, and phone number of an alternate contact person for the premises, if applicable.
(5) The number of employees at the premises.
(6) Upon request by the Department, a description of inventory control procedures sufficient to demonstrate how the commercial cannabis business will comply with the requirements of section 17218, or a copy of the standard operating procedure addressing inventory control.
(7) Upon request by the Department, a description of quality control procedures sufficient to demonstrate how the commercial cannabis business will comply with all of the applicable requirements specified in sections 17208 through 17216, or a copy of the standard operating procedure addressing quality control.
(8) Upon request by the Department, a description of the transportation process describing how cannabis or cannabis products will be transported into and out of the premises, or a copy of the standard operating procedure addressing transportation.
(9) Upon request by the Department, a description of security procedures sufficient to demonstrate how the commercial cannabis business will comply with the applicable security requirements of sections 15042 through 15047, or a copy of the standard operating procedure addressing security procedures.
(10) Upon request by the Department, a description of the cannabis waste management procedures sufficient to demonstrate how the commercial cannabis business will comply with the requirements of section 17223, or a copy of the standard operating procedure addressing cannabis waste management.
(11) A copy of the signed closed-loop system certification required pursuant to section 17206.1, if applicable.
(12) Any manufacturer submitting operating procedures and protocols to the Department pursuant to the Act and this division may claim such information as a trade secret or confidential by clearly identifying such information as “confidential” on the document at the time of submission. Any claim of confidentiality by a manufacturer must be based on the manufacturer's good faith belief that the information marked as confidential constitutes a trade secret as defined in Civil Code section 3426.1(d), or is otherwise exempt from public disclosure under the California Public Records Act, Government Code section 6250 et seq.
(13) Applications for a Type S manufacturing license shall:
(A) Be submitted in accordance with section 15002;
(B) Include the license number and address of the registered shared-use facility at which the commercial cannabis business will conduct manufacturing operations;
(C) Include a copy of the use agreement signed by both the Type S applicant and the primary licensee; and
(D) On the premises diagram submitted pursuant to section 15002(c)(21), indicate the designated area to be used by the Type S commercial cannabis business and detail where the commercial cannabis business will store its cannabis and cannabis products.
(E) A Type S license shall only be available to commercial cannabis businesses with a gross annual revenue of less than $1,000,000 as calculated pursuant to section 15014.
(F) A Type S licensee may conduct the following operational activities:
(i) Infusions, as defined in section 15000(ee);
(ii) Packaging and labeling of cannabis products; and
(iii) Extractions with water, glycerin, vegetable oil, animal fat, or using mechanical methods, provided that the resulting extract or concentrate shall be used solely in the manufacture of the Type S licensee's infused product and shall not be sold to any other licensee.
(c) A commercial cannabis business applying for a license to distribute cannabis and cannabis products shall provide the following information, upon the request of the Department:
(1) Standard Operating Procedures, Form DCC-LIC-019 (New 2/22), incorporated herein by reference.
(2) Proof of compliance with the insurance requirements in section 15308.
(3) Transport vehicle information required by section 15312.
(d) A commercial cannabis business applying for a license to sell cannabis and cannabis products at retail shall provide the following information, upon request by the Department:
(1) Standard Operating Procedures, Form DCC-LIC-019 (New 2/22).
(2) Delivery employee information required by section 15415.
(3) Delivery vehicle information required by section 15417.
(e) A commercial cannabis business applying for a license to operate as a microbusiness shall provide the information required in subsections (a) through (d) as applicable for the activities they will be conducting under the license.
(f) Applicants for a cannabis event organizer license shall indicate whether the cannabis event organizer plans to hold 0-5 events, 6-10 events, 11-20 events, or more than 20 events during the license period.
(g) Applicants for a testing laboratory license shall provide the following information:
(1) The certificate(s) of accreditation required by sections 15701 and 15702, or the information required for an interim license required by section 15703.
(2) Upon the request by the Department, Standard Operating Procedures, Form DCC-LIC-019 (New 2/22).
(3) The operating procedures required by chapter 6.
(h) The Department may request additional information and documents from the applicant. The Department will provide the applicant with a deadline for submittal of additional information. The Department will consider the complexity of the information requested and the ease with which the information can be obtained and transmitted to the Department by the applicant in determining the deadline.
(i) Items required by this section may also be requested by the Department at any time following the issuance of a license. Licensees shall maintain the information required by this section and provide it to the Department upon request.
Credits
Note: Authority cited: Sections 26013 and 26130, Business and Professions Code. Reference: Sections 26031, 26050, 26051.5 and 26130, Business and Professions Code.
History
1. Change without regulatory effect renumbering and amending former title 16, section 5011 to new title 4, section 15011 filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). For prior history of title 16, division 42, see Register 2019, No. 3.
2. Amendment of section and Note filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and Note refiled 3-28-2022 as an emergency; operative 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2022 order, including further amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022; amendments effective 11-7-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 45).
This database is current through 4/26/24 Register 2024, No. 17.
