California State Regulatory Plan for Hemp Production

California Code of Regulations

Title 3. Food and Agriculture

Division 4. Plant Industry

Chapter 8. Industrial Hemp Cultivation

Article 1. Registration of Industrial Hemp Growers

4890. Definitions.

(a) For purposes of this chapter, the following definitions apply:

(1) “Acceptable hemp THC level” means a THC concentration that falls within the 

distribution or range that includes three-tenths of one percent or less that is 

produced when the measurement of uncertainty is applied to the reported THC 

concentration. For example, if the reported THC concentration of a sample is 

0.35% and the measurement of uncertainty is ± 0.06%, the measured THC 

concentration would range from 0.29% to 0.41%. Because 0.3% is within the 

distribution or range, the sample is within the acceptable hemp THC level.

(2) “Cannabis” has the same meaning as defined in subdivision (e) of Section 

26001 of the Business and Professions Code.

(3) “Central cola” means a cut stem that could develop into a bud of the flowering 

top of the plant.

(4) “Criminal history report” means the Federal Bureau of Investigation’s Identity 

History Summary.

(5) “Cultivar” means a cultivated variety of industrial hemp.

(6) “Cultivation” means the planting, growing, irrigation, or harvesting of an industrial 

hemp plant or crop.

(7) “Cultivation site” means contiguous land area on which the applicant plans to 

engage in industrial hemp cultivation, storage, or both.

(8) “Cultivator” means a person planting, cultivating, growing, irrigating, or 

harvesting industrial hemp plants or crop.

(9) “Destroy” or “dispose” means an activity that transitions the non-compliant 

product into a non-retrievable or non-ingestible form. Such activities include 

plowing, tilling, or disking plant material into the soil; mulching, composting, 

chopping, or bush mowing plant material into green manure; burning plant 

material; burying plant material into the earth and covering with soil.
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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(10) “Disqualifying conviction” means any plea of guilty or nolo contendere, or any 

finding of guilt for a State or Federal felony related to a controlled substance, 

except:

(A) when the finding of guilt is subsequently overturned on appeal, pardoned, or 

expunged, or

(B) where an individual is allowed to withdraw an original plea of guilty or nolo 

contendere and enter a plea of not guilty and the case is subsequently 

dismissed.

(11) “Established agricultural research institution” means an institution of higher 

education, as defined in Section 101 of the federal Higher Education Act of 1965 

(20 U.S.C. Sec. 1001), that grows, cultivates, or manufactures industrial hemp 

for purposes of agricultural or academic research.

(12) “Grower” means a person that is registered with the commissioner to cultivate 

hemp for sale.

(13) Harvest” means the collection of any portion of industrial hemp plant.

(14) “Hemp breeder” means a person that is registered with the commissioner to 

develop cultivars intended for sale or research.

(15) “Industrial hemp” or “hemp” means an agricultural product, whether growing or 

not, that is limited to types of the plant Cannabis sativa L. and any part of that 

plant, including the seeds of the plant and all derivatives, extracts, the resin 

extracted from any part of the plant, cannabinoids, isomers, acids, salts, and 

salts of isomers, with a total delta-9 tetrahydrocannabinol concentration of no 

more than 0.3 percent on a dry weight basis.

(16) “Industrial hemp nursery stock” means any industrial hemp plant or any part of 

an industrial hemp plant for planting or propagation.

(17) “Key participants” includes the registrant and means any person in the entity 

producing industrial hemp who is:

(A) a sole proprietor, a partner in partnership, or a person with executive 

managerial control in a corporation producing industrial hemp, or

(B) a person with executive managerial control over the entity producing industrial 

hemp, including persons such as a chief executive officer, chief operating 

officer and chief financial officer.
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(C) This definition does not include a person in a management position with no 

executive managerial control over the entity producing industrial hemp, such 

as farm, field, or shift managers.

(D) For established agricultural research institutions, this definition does not 

include a person that is a member of the leadership of the established 

agricultural research institution unless the member of the leadership 

exercises executive managerial control over the hemp production.

(18) “Measurement of uncertainty” means the parameter associated with the result of 

a measurement that characterizes the dispersion of the values that could 

reasonably be attributed to the particular quantity subject to measurement.

(19) “Person” means any individual, partnership, association, corporation, limited 

liability company, or any organized group of persons whether incorporated or 

not.

(20) “Premises” has the same meaning as defined in subdivision (aq) of Section 

26001 of the Business and Professions Code.

(21) “Research plan” means a strategy devised by an established agricultural 

research institution, or applicant established agricultural research institution, 

detailing its approach to growing or cultivating hemp for academic or agricultural 

research.

(22) “THC concentration” or “percentage concentration of THC” means the postdecarboxylated value of the percentage of delta-9 THC content derived from the 

sum of THC and THCA content and reported on a dry weight basis to the 

nearest thousandth, or three decimal places. The percentage concentration of 

THC may be measured by using either:

(A) a suitable analytical instrumentation described in Section 4942(b) that results 

in the decarboxylation of THC-acid to delta-9 THC, or

(B) a calculated value using a conversion formula of the percentage 

concentration of delta-9 THC plus eighty-seven and seven tenths (87.7) 

percent of the percentage concentration of THC-acid when a suitable 

analytical instrumentation described in Section 4942(b) does not result in the 

decarboxylation of THC-acid to delta-9 THC.

(23) “Tissue culture” means in vitro material introduced into culture from nodal 

cuttings at a particular time and from a single plant and grown in aseptic 

conditions to be used as a source of propagative plant material.

(24) “Valid registration” means the registration is unexpired, unsuspended, and 

unrevoked.
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(25) “Variety development plan” means a strategy devised by a hemp breeder, or 

applicant hemp breeder, detailing their approach to growing and developing a 

new cultivar for industrial hemp.

4900. Registration Fees.

(a) The Secretary establishes the following fees for registration of growers of industrial 

hemp and hemp breeders to be submitted along with the registration application as 

authorized in sections 81003 and 81004 of the Food and Agricultural Code: 

(1) Prior to cultivation, a fee of nine-hundred dollars ($900) per applicant shall be 

submitted with the application to the commissioner. 

(2) A separate registration is required for each county in which the applicant intends 

to grow industrial hemp. 

(3) This registration is valid for one year from date of issuance by the commissioner. 

(b) The Secretary establishes the following fee for registration renewal of growers of 

industrial hemp and hemp breeders:

(1) Upon expiration of registration, a fee of nine-hundred dollars ($900) per 

registrant shall be due to the commissioner in each county in which the applicant 

intends to continue to grow industrial hemp. 

(2) Renewed registration is valid for one year from date of issuance of renewal by 

the commissioner. 

4901. Registration Application for Industrial Hemp.

(a) Registration. 

(1) Any person cultivating industrial hemp must have a valid registration prior to 

cultivation.

(2) Except for an established agricultural research institution subject to Food and 

Agricultural Code Section 81004.5 or a hemp breeder subject to Food and 

Agricultural Code Section 81004, 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 (if available), 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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(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) Except for an established agricultural research institution subject to Food and 

Agricultural Code Section 81004.5 or a grower of industrial hemp subject to Food 

and Agricultural Code Section 81003, 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 (if available), 

(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, 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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(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 not be subject to the sampling 

requirements outlined in Section 4941(b) if the 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, and 

6. a procedure for the maintenance of records documenting the development 

of the new cultivar, and

(F) the applicant’s signature certifying the following:
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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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) Except for a grower of industrial hemp subject to Food and Agricultural Code 

Section 81003 or a hemp breeder subject to Food and Agricultural Code Section 

81004, 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 (if available),

(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 cultivated,

a. Industrial hemp produced by registered established agricultural 

research institutions that does not enter the stream of commerce shall 

not be subject to the sampling requirements outlined in Section 

4941(b) if the sampling method to test THC concentration has the 

potential to ensure, at a confidence level of 95 percent, that the plants 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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grown will not test above the acceptable hemp THC level, and is 

adopted by the department and approved by the United States 

Department of Agriculture 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
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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.

(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) Commissioner approval, refusal, or revocation. 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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(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)(17) 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.

(e) 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 (c), the date of a 

change in registration status:

(1) the name and contact information for each registrant,
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(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.

(f) The department and the commissioner shall retain information collected under this

section for at least three years after collecting or receiving it.

4902. Criminal History Report for Industrial Hemp Registration.

(a) Registration requirements. 

(1) A criminal history report for each key participant listed pursuant to Section 4901 

shall be submitted along with the application in accordance with the registration 

procedures outlined in Section 4901(a) for registration, registration amendment, 

or renewal to the commissioner. A registration application will not be considered 

complete without all required criminal history reports. 

(2) Any changes to key participants must be reported along with criminal history 

reports for any additional key participants to the commissioner as an 

amendment to the registration within 15 calendar days of the change. 

(3) All criminal history reports must be dated within 60 calendar days of submission 

of the application for registration, registration amendment, or renewal.

(4) Registrants shall notify the commissioner in writing within 48 hours of the 

registrant or a key participant receiving a disqualifying conviction. 

(5) If an applicant, registrant, or key participant is found to have a disqualifying 

conviction, the applicant or key participant shall be ineligible to participate in the 

hemp program for ten (10) years from the date of the conviction. 

(6) Any falsification of criminal history reports shall be considered as materially 

falsifying information in an application or registration and shall result in 

revocation or refusal of registration and ineligibility to participate in the industrial 

hemp program.
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(7) The commissioner may require additional criminal history reports during the 

registration period as deemed necessary to ensure all registered key 

participants do not have a disqualifying conviction.

Article 2. Regulations for Industrial Hemp Cultivation

4920. List of Approved Cultivars.

(a) The Secretary, as provided in Section 81002 of the Food and Agricultural Code, 

adopts the following list of approved cultivars.

(1) Industrial hemp seed or propagative materials certified as breeder, foundation, 

registered, or certified seed or stock by one of the following agencies:

(A) Member organizations of the Association of Official Seed Certifying Agencies,

(B) Organization of Economic Cooperation and Development, or

(C) An officially approved and recognized seed-certifying agency listed in Title 

3, California Code of Regulations, Section 3875, as provided in Section 

52401 of the Food and Agricultural Code.

(2) Industrial hemp seed or propagative materials produced in a quality assurance

program approved by one of the following agencies:

(A) Member organizations of the Association of Official Seed Certifying Agencies,

(B) Organization of Economic Cooperation and Development, or

(C) An officially approved and recognized seed-certifying agency listed in Title 3,

California Code of Regulations, Section 3875, as provided in Section 52401 

of the Food and Agricultural Code.

(3) Industrial hemp seed or propagative materials produced by an authorized 

participant in a state industrial hemp agricultural pilot program, pursuant to 

Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) or an 

authorized participant under an approved state or federal regulatory plan for 

hemp production pursuant to Section 297B of the federal Agriculture 

Improvement Act of 2018 (December 20, 2018) (Public Law 115-334).

(A) The crop from which the seed or propagative materials were harvested from 

shall have been tested in accordance with a testing method approved by the 

regulatory authority in the state of origin and found to have no more than 

three-tenths of one percent tetrahydrocannabinol (THC) on a dry weight
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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basis.

(B) The commissioner shall be notified of the importation of all propagative 

materials into the county. The shipment is subject to inspection by the 

commissioner and shall not be used for cultivation until released by the 

commissioner (California Food and Agricultural Code Division 4, Part 2, 

Chapter 2 Sections 6401 and § 6501).

(4) Industrial hemp seeds or tissue culture plants imported from outside the United 

States that meets federal importation requirements.

(A) The crop from which the seeds or tissue culture plants were harvested from 

shall have been tested in accordance with a testing method approved by the 

department of agriculture in the country of origin and found to have no more 

than three-tenths of one percent THC on a dry weight basis.

(B) The commissioner shall be notified of the importation of all propagative 

materials into the county. The shipment is subject to inspection by the 

commissioner and shall not be used for cultivation until released by the 

commissioner (California Food and Agricultural Code Division 4, Part 2, 

Chapter 2 Sections 6401 and § 6501).

(C) For the purposes of this section, the term “tissue culture” means in vitro 

material introduced into culture from nodal cuttings at a particular time and 

from a single plant and grown in aseptic conditions to be used as a source of 

propagative material.

(5) Industrial hemp seed or propagative materials produced in California in 

accordance with the provisions of Division 24 of the Food and Agricultural Code 

and this chapter.

(A) The crop from which the seed or propagative materials were harvested from 

shall have been tested by a department-approved laboratory and found to 

have no more than three- tenths of one percent THC on a dry weight basis.

(B) The commissioner shall be notified of the importation of all propagative 

materials into the county. The shipment is subject to inspection by the 

commissioner and shall not be used for cultivation until released by the 

commissioner (California Food and Agricultural Code Division 4, Part 2, 

Chapter 2 Sections 6401 and 6501).

Note: Authority cited: Sections 407 and 81002, Food andAgricultural Code. 

Reference: Sections 81001 and 81002, Food and Agricultural Code

4921. Methodology and Procedure to Update the List of Approved Cultivars.
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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(a) The Secretary adopts the following methodology and procedure to add, amend or 

remove a cultivar from the list of approved cultivars.

(1) Upon request from the chair of the Industrial Hemp Advisory Board, or of any 

four members of the Board, the Department shall schedule a public hearing to 

consider a proposal to update the list of approved cultivars by adding, amending, 

or removing cultivars. A notice and text of the proposal shall be made available 

to the public no less than 30 days prior to the hearing.

(2) The public hearing to consider a proposal to update the list of approved cultivars 

shall be part of a regularly scheduled meeting of the Industrial Hemp Advisory 

board.

(3) The public hearing shall include:

(A) Presentation of the proposal to update the list of approved cultivars;

(B) Presentation of the purpose for the update; and

(C) Opportunity for public comment, pursuant to Section 11125.7 of the 

Government Code.

(4) After receiving comments from the public, the Board shall vote to accept, amend 

and accept, or deny a proposal for recommendation to the Secretary.

(5) Upon recommendation by the Board to adopt a proposal and approval by the 

Secretary, the Department shall amend the list of approved cultivars and shall 

submit the amended list to the Office of Administrative Law to be filed promptly 

with the Secretary of State. Pursuant to Section 81002 of the Food and 

Agricultural Code, the proposal shall not be subject to further review.

(6) The Department shall post the list of approved cultivars to its website and shall 

provide electronic and/or mail notification of amendments to list of approved 

cultivars to parties that have requested notification. An interested party may go 

to the Department's website and elect to receive automatic notifications of any 

changes to the list of approved seed cultivars via an electronic mail listserv.

(b) Amendment of the methodology and procedure.

(1) By motion, the Board may recommend amending the methodology and 

procedure in subsection (a). In consultation with the chair of the Board, the 

Department shall schedule a public hearing to consider the recommendation, 

and a notice and text of the proposed amendment shall be made available to the 

public no less than 30 days prior to the hearing.
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

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(2) The public hearing to consider a proposal to amend the methodology and 

procedure shall be part of a regularly scheduled meeting of the Industrial Hemp 

Advisory Board.

(3) The public hearing shall include:

(A) Presentation of the proposal to amend the methodology and procedure;

(B) Presentation of the purpose for the amendment; and

(C) Opportunity for public comment, pursuant to Section 11125.7 of the 

Government Code.

(4) After receiving comments from the public, the Board shall vote to accept, amend 

and accept, or deny the proposal for recommendation to the Secretary.

(5) Upon recommendation by the Board to adopt the amendment and approval by 

the Secretary, the Department shall amend the methodology and procedure, and 

shall submit the amended methodology and procedure to the Office of 

Administrative Law to be filed promptly with the Secretary of State. Pursuant to 

Section 81002 of the Food and Agricultural Code, the proposal shall not be 

subject to further review.

(6) The Department shall provide electronic and/or mail notification of the 

amendment to the methodology and procedure to parties that have requested 

notification. An interested party may go to the Department's website and elect to 

receive automatic notifications of any changes to the methodology and 

procedure via an electronic mail listserv.

4930. Inspections of Industrial Hemp.

(a) The commissioner shall conduct annual inspections of a random group of registrants 

to verify that industrial hemp is not produced in violation of Division 24 of the Food 

and Agricultural Code and this chapter.

(b) 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.

(c) Registered hemp breeders and registered established agricultural research

institutions shall provide records that document the varietal development or research

activities conducted under the approved plan upon the request of the commissioner.

4934. Planting Location Requirements.
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(a) Except when grown by a registered established agricultural research institution or a

registered hemp breeder, the industrial hemp shall be grown in acreages of not less

than one-tenth of an acre at the same time.

(b) All plantings shall have signage indicating they are industrial hemp.

4935. Planting Report for Industrial Hemp.

(a) In order to confirm that industrial hemp was planted at a registered cultivation site, 

registrants shall submit a signed planting report to the commissioner within 72 hours 

following the completion of the planting. A separate planting report shall be 

completed for each planting. The planting report shall include the:

(1) registrant’s registration number,

(2) name and contact information of the registrant,

(3) planting date(s),

(4) name(s) of the cultivar(s) and the quantity planted,

(5) physical address, Global Positioning System coordinates, general description of 

the planting location, and total acreage or square footage of the planting, and

(6) planned growing period for each cultivar planted.

(b) The Department shall make a template of a planting report form available on the 

Department’s website.

(c) The commissioner may confirm the planting of the crop 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.

(d) All registrants shall report on all hemp production in the state and any changes to 

where hemp will be produced to the United States Department of Agriculture Farm 

Service Agency within 30 calendar days of completion of a planting and shall 

provide, at minimum, all of the following information and changes:

(1) registrant’s registration number,

(2) physical address, Global Positioning System coordinates, general description of 

the planting location, and
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(3) acreage dedicated to the production of hemp, or greenhouse or indoor square 

footage.

4936. Movement of Industrial Hemp Nursery Stock.

(a) No less than 72 hours prior to the movement of industrial hemp nursery stock from

its registered cultivation site or a change in ownership of the industrial hemp nursery

stock, the registrant shall sign and complete a transfer form, provided by the

commissioner of the county where the industrial hemp nursery stock is registered,

and:

(1) for movement or change of ownership within California, submit the completed

form to the commissioner of the destination county, if different than the county of

origin, or

(2) for interstate movement or change in ownership, submit the completed form to

the destination state’s department of agriculture.

(b) The transfer form shall include:

(1) originating registrant’s name, registration number, contact information, and

physical address of the origin site,

(2) receiving registrant’s name, registration number, contact information, physical

address of the destination site,

(3) anticipated start and end date of the movement or date of change in ownership,

and

(4) name and number of each cultivar of plants moved or transferred to new

ownership.

(c) The bill of lading shall be provided to the Department, the commissioner, or local law

enforcement upon request.

4940. Sampling Timeframe and Pre-Harvest Notification for Industrial Hemp.

(a) Sampling Timeframe.

(1) Samples shall be collected no more than 11 calendar days prior to the 

anticipated harvest start date listed on the pre-harvest report.

(2) Any changes to the harvest date that result in harvest activities to occur more 

than 30 calendar days after the sample collection date shall require additional 

sampling for THC concentration prior to harvest. 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(b) Sampling Request and Pre-Harvest Report. 

(1) In order to request sampling, registrants shall submit a signed pre-harvest report 

to the commissioner at least 30 calendar days before the anticipated harvest 

start date to initiate the sampling process. 

(2) A separate pre-harvest report shall be completed for each planting to be 

harvested. The pre-harvest report shall include the: 

(A) registrant’s registration number, 

(B) name and contact information of the registrant,

(C) anticipated harvest start date,

(D) name(s) of the cultivar(s) to be harvested,

(E) physical address, Global Positioning System coordinates, general description 

of the planting location, and total acreage or square footage of the planting to 

be harvested, and

(F) name and contact information of the laboratory to conduct the testing for THC 

concentration.

(3) The pre-harvest report shall be accompanied by a sample analysis request form 

for each composite sample to be taken. The sample analysis request form shall 

be used to record the following information during the sampling and testing 

process:

(A) name, contact information, and signature of the sample analysis requester, 

(B) registrant’s registration number,

(C) name and contact information of the commissioner

(D) physical address, general description of the planting location, and total 

acreage or square footage of the planting sampled, 

(E) lot identification number as provided by United States Department of 

Agriculture Farm Service Agency, 

(F) name of the cultivar sampled, 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(G) description of the planting to be sampled including estimated average height, 

appearance, approximate density, homogeneity, condition of the plants, and 

degree of maturity of flowering material, 

(H) unique sample identification number for the composite sample, 

(I) number of the samples taken, 

(J) date and time of the sample collection, 

(K) name and signature of the sampler, 

(L) name and contact information of the approved laboratory conducting the THC 

testing, 

(M) name and signature of the person testing the sample, 

(N) date and time of the sample testing, 

(O) testing instrumentation used to analyze the sample for THC concentration, 

(P) laboratory determination of THC concentration in accordance with Section 

4890(a)(22) and limit of detection (LOD), and 

(Q) chain of custody information including the name and signature of the person 

who received and delivered the sample, and the date, time, and location of 

each possession or transfer of the sample. 

(4) The Department shall make a template of a pre-harvest report and sample 

analysis request form available on the Department’s website.

(5) The sampler, as described in Section 4941(a)(1), shall schedule a sampling 

date. 

(6) Registrants shall notify the commissioner of any changes to the above 

information no less than two calendar days prior to the scheduled sampling date. 

4941. Sampling Procedures for Testing Industrial Hemp for THC Concentration.

(a) Collection of Samples.

(1) Samples for THC testing shall be collected by USDA-certified samplers. 

Samples shall not be collected by a hemp registrant or key participant.
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(A) All samplers shall complete training using USDA training procedures and 

submit the certificate of completion electronically to the Department to the 

email industrialhemp@cdfa.ca.gov. 

(B) The Department shall maintain a publicly available list of USDA-certified

samplers on the Department’s website.

(2) Prior to the collection of the samples, the sampler as described in Section 

4941(a)(1) shall verify that the planting to be sampled corresponds to the 

registered cultivation site using the physical address, Global Positioning System 

coordinates, general description, and total acreage or square footage provided 

on the pre-harvest report and registration application.

(3) The registrant or an authorized representative of the registrant shall be present 

to observe the collection of samples and shall allow the sampler as described in 

Section 4941(a)(1), 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.

(b) Sample Volume and Composition.

(1) Each sample shall be collected from different plants. Each sample shall consist 

of the terminal eight inches from the main stem that includes leaves and flowers, 

terminal bud that occurs at the end of a stem, or central cola. If the plant is less 

than eight inches tall, the whole plant above ground shall be taken.

(2) A composite sample shall consist of the following:

(A) one sample from each plant for plantings that have fewer than six plants,

(B) six samples for plantings that are less than or equal to six acres.

(C) one sample from each acre for plantings that are greater than six acres but 

less than ten acres.

(D) for plantings equal to or greater than 10 acres, the number of samples shall 

be calculated at a confidence level of 95 percent that the plants grown will not 

test above the acceptable hemp THC level, using the following formula where 

n is the number of plants to be selected and N is the planting acreage:

n = 299 / (1 + (298 / N))

(3) A separate composite sample shall be taken for: 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(A) each cultivar within each contiguous planting, and

(B) indoor and outdoor growing areas shall be treated as separate plantings. 

(c) Handling of Samples.

(1) All plant material collected for a composite sample shall be placed together in a 

permeable bag, and kept in a manner not conducive to mold growth. Each 

composite sample shall be stored in separate bags.

(2) The bag containing the composite sample shall be sealed and labeled in a 

manner to detect tampering and ensure chain of custody. Sample labels shall 

be signed by both the registrant and the sampler as described in Section 

4941(a)(1).

(3) Samples shall be labeled with a unique sample identification number as 

assigned on the sample analysis request form and accompanied by the following 

documentation: 

(A) registrant’s proof of registration,

(B) pre-harvest report, 

(C) sample analysis request form containing information outlined in Sections 

4940(b)(3)(B) through 4940(b)(3)(L) provided by the commissioner and 

Section 4940(b)(3)(A) provided by the registrant. 

(4) Samples shall be delivered to the testing laboratory within 24 hours of collection. 

4942. Approved Testing Method for Testing Industrial Hemp for THC Concentration.

(a) Sample Preparation. 

(1) The laboratory shall maintain chain of custody upon receiving the samples by 

documenting the chain of custody information on the sample analysis request 

form. The laboratory shall provide the information outlined in Sections 

4940(b)(3)(M) through 4940(b)(3)(Q) on the sample analysis request form.

(2) The laboratory shall check the sample for any signs of tampering. The laboratory 

shall immediately notify the commissioner and not test the sample if there is 

evidence of tampering. New samples shall be collected and submitted to the 

laboratory for testing in accordance with the procedures outlined in Section 

4941.

(3) Each composite sample shall be maintained and tested separately for THC 

concentration.
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(4) All plant material included in the composite sample shall be processed and 

tested as a single sample. 

(5) Each composite sample shall be tested for THC concentration on dry weight 

basis. The laboratory can either:

(A) Dry all plant material included in the composite sample until the weight of the 

composite sample remains constant after drying intervals (typically five to 12 

percent moisture content). Drying temperature shall not exceed 90 degrees 

Celsius. The moisture content shall be expressed as the ratio of the amount 

of moisture in the sample to the amount of dry solid in the sample; or

(B) Analyze the moisture content of the sample and factor the measured moisture 

content into the THC concentration for a dry weight basis by using the 

following formula:

THC concentration on dry weight basis = THC concentration of the wet sample/

(1.0 – (percentage weight of the wet sample/100)).

(6) All of the dried plant material included in the composite sample shall be ground 

using a centrifugal rotor mill or a similar method to mill and combine the sample 

into a homogenous powder- like consistency and combined before analysis.

(b) Suitable analytical instrumentation used to determine THC concentration in industrial 

hemp includes the following: 

(1) gas chromatography with flame ionization detector,

(2) gas chromatography coupled with mass spectrometry, 

(3) liquid chromatography coupled with mass spectrometry, or

(4) liquid chromatography coupled with diode-array or variable wavelength detector.

(c) Sample Retention and Disposal. 

(1) If the laboratory test report indicates a percentage concentration of THC that is 

equal to or less than the acceptable hemp THC level, the laboratory shall retain 

the sample for a minimum of 30 calendar days from the testing date.

(2) If the laboratory test report indicates a percentage concentration of THC that is 

exceeds the acceptable hemp THC level, the laboratory shall retain the sample 

for a minimum of 60 calendar days from the testing date. Between 60 and 120 

calendar days from testing date, the laboratory shall destroy the samples 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 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

2018 (December 20, 2018) (Public Law 115-334)) which is hereby incorporated 

by reference.

4943. Approved Laboratory for Testing Industrial Hemp for THC Concentration.

(a) Testing of industrial hemp for THC concentration shall be conducted by a laboratory 

with International Organization for Standardization (ISO) / International 

Electrotechnical Commission (IEC) 17025 accreditation using a validated method in 

accordance with Sections 4942, 4944, and 4945 for THC analysis on plant material 

from an accreditation body that is a signatory to the International Laboratory 

Accreditation Cooperation (ILAC) Mutual Recognition Arrangement.

(1) Laboratories testing industrial hemp for THC concentration shall register with the 

United States Drug Enforcement Administration no later than December 31, 

2022.

(2) Laboratories shall meet the AOAC International Standard Method Performance

Requirements (SMPR) for Quantitation of Cannabinoids in Plant Materials of

Hemp (Low THC Varieties Cannabis sp.) (SMPR 2019.003, October 9, 2019),

which is hereby incorporated by reference, for each testing method used.

(b) A laboratory shall obtain written approval from the Department before testing 

industrial hemp for THC concentration. A laboratory shall submit a signed laboratory 

approval application with the following information to the Department for review and 

approval:

(1) name and contact information of the applicant,

(2) name and physical address of the testing laboratory,

(3) starting December 31, 2022, a copy of the testing laboratory’s DEA registration 

certificate, if applicable,

(4) a copy of the testing laboratory’s ISO/IEC 17025 certificate of accreditation,

(5) a copy of the testing laboratory’s ISO/IEC 17025 scope of accreditation,

(6) a copy of the testing laboratory’s standard operating procedures for THC testing, 

and

(7) a copy of the laboratory sample test report in accordance with Section 4944(b).

(c) Once the Department receives the application in accordance with the application 

procedures outlined in Section 4943(b) for approval or renewal and determines that 

the requirements outlined in this section are met and the laboratory’s standard 

operating procedures for THC testing and sample test report comply with the 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

requirements outlined in Sections 4942, 4944, and 4945, the Department shall 

approve the laboratory to conduct THC testing on industrial hemp using the 

approved standard operating procedures in 4943(b)(6) for THC testing and 

laboratory test report by issuing a proof of approval, and adding the testing 

laboratory to the list of approved testing laboratories. 

(d) If the Department determines that the application for approval or renewal does not

meet the testing laboratory requirements outlined Division 24 of the Food and

Agricultural Code and this chapter, the Department shall provide written notification

to the laboratory applicant of the deficiencies in the application. If the deficiency is a

lack of requested information required in 4943(b), the applicant shall have 30

calendar days from the receipt of the notification to provide the requested

information to the Department. If the requested information is not provided within the 

timeframe, the Department will deny approval.

(1) If laboratory approval is denied due to deficiencies in the application for approval

or renewal, the applicant must submit a new application to the Department in

order to obtain approval to test industrial hemp for THC concentration.

(e) If the Department determines that the approved testing laboratory no longer meets

the testing laboratory requirements outlined in Division 24 of the Food and

Agricultural Code and this chapter, the Department shall revoke the approval and

provide written notification to the laboratory applicant regarding the revocation. The

revocation is effective as of the date on the notification.

(f) Laboratory approval shall be valid for one year from date of approval by the 

Department, after which the laboratory shall renew the approval. 

(g) Laboratories shall request renewal of Department approval in accordance with the 

procedures outlined in Section 4943(b). Renewed approval shall be valid for one 

year from date of renewal by the Department.

(h) Any changes to the approved laboratory’s standard operating procedures shall be 

submitted to the Department for review and approval prior to implementation. Once 

the Department has determined that the requirements outlined in this section are 

met and the laboratory’s standard operating procedures comply with testing 

requirements outlined in Sections 4942, 4944, and 4945, the Department shall notify 

the laboratory that testing may be completed under the revised standard operating 

procedures.

(i) The Department shall make a template of a laboratory application and the list of 

approved testing laboratories available on the Department’s website.

4944. Notification of Laboratory Test Report.
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(a) Laboratories shall issue a separate laboratory test report for each composite 

sample.

(b) The laboratory test report shall include the:

(1) registration number, 

(2) unique sample identification number as assigned on the sample analysis request 

form,

(3) name and contact information of the registrant,

(4) name of the sampler,

(5) dates and times of the sample collection, testing, and test report,

(6) name of the cultivar tested,

(7) physical address, Global Positioning System coordinates, general description of 

the planting location, and total acreage or square footage of the planting 

sampled,

(8) lot identification number as provided by United States Department of Agriculture 

Farm Service Agency,

(9) name and contact information of the laboratory,

(10) name of approved analytical instrumentation used and the limit of detection 

(LOD),

(11) name of the person who received the sample,

(12) name of the person who tested the sample

(13) DEA registration number of the laboratory, if applicable,

(14) identification of a retest, if applicable,

(15) percentage concentration of THC in accordance with Section 4890(a)(22),

(16) measurement of uncertainty as a ± percentage value to the nearest thousandth, 

or three decimal places, at 95% confidence level,

(17) the words “OFFICIAL CALIFORNIA REGULATORY SAMPLE”,
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(18) and words “PASSED AS CALIFORNIA INDUSTRIAL HEMP” or “FAILED AS 

CALIFORNIA INDUSTRIAL HEMP” at or near the top of page.

(A) If the laboratory test report indicates a percentage concentration of THC that 

is within the acceptable hemp THC level, the words “PASSED AS 

CALIFORNIA INDUSTRIAL HEMP” shall appear.

(B) If the laboratory test report indicates a percentage concentration of THC that 

is greater than the acceptable hemp THC level, the words “FAILED AS 

CALIFORNIA INDUSTRIAL HEMP” shall appear.

(c) Laboratories shall provide an electronic copy of the laboratory test report to the 

registrant and commissioner concurrently within 10 calendar days of the collection of 

samples.

(d) Following the electronic notification of the laboratory test report, the laboratory shall:

(1) report the test results for all samples required to be tested to the United States 

Department of Agriculture.

(2) provide the registrant no fewer than ten original paper copies with wet signatures 

of a passing laboratory test report, signed by an employee authorized to sign by 

the laboratory.

(3) provide the registrant one or more paper copies of a failed laboratory test report, 

signed by an employee authorized to sign by the laboratory.

(e) Upon request from the commissioner, the laboratory shall provide a copy of the 

completed sample analysis request form.

(f) The laboratory shall retain one or more original copies of each laboratory test report 

and the completed sample analysis request form for a minimum of three years from 

the date of sampling.

4945. Approved Testing Method for Retesting of Industrial Hemp for THC 

Concentration.

(a) Additional samples for retesting shall be collected in accordance with the sampling 

procedures outlined in Section 4941 and tested in accordance with the testing 

procedures outlined in Sections 4942 through 4944.

4946. Final Disposition for Registered Industrial Hemp Crops.

(a) Registrants shall harvest the sampled crop only upon receipt of an electronic copy of

a passing laboratory test report.
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

(1) Registrants shall submit a harvest report to the commissioner within 72 hours 

following the completion of the harvest. The harvest report shall include the:

(A) registration number,

(B) name and contact information of the registrant, 

(C) harvest timeframe including start and end dates,

(D) name(s) of the cultivar(s), 

(E) unique sample identification number(s) as assigned on the sample analysis 

request form and the percentage concentration of THC for each cultivar as 

reported on the laboratory test report,

(F) physical address, Global Positioning System coordinates, general description 

of the planting location, and total acreage or square footage of the harvested 

planting, and

(G) description and quantity of the material harvested.

(2) The Department shall make a template of a harvest report form available on the 

Department’s website.

(3) Harvest shall be completed within 30 calendar days from the sampling date.

(A) Registrants may request additional sampling and testing in accordance with 

the procedures outlined in Section 4940 to extend the harvest timeframe.

1. The most recent laboratory test report electronically received by the 

commissioner in compliance with Sections 4940 through 4945 shall be 

considered the effective THC concentration for determining whether the 

planting may be harvested and determining compliance with Division 24 of 

the Food and Agricultural Code.

2. All previous laboratory test reports received for the same planting shall be 

invalid upon the commissioner’s receipt of an electronic copy of the most 

recent laboratory test report. If the most recent laboratory test report 

indicates a percentage concentration of THC that is greater than the 

acceptable hemp THC level but does not exceed one percent, the 

registrant may request one additional retest in accordance with Section 

4945.

(4) The commissioner may confirm the completion of the harvest 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 
Regulations for Industrial Hemp Cultivation (3 CCR § 4920-4921, 4934-4936, 4940-

4946)

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.

(5) Registrant shall provide an original copy of the passing test report to any person

transporting, purchasing, or obtaining the industrial hemp.

(b) Registrants shall not harvest the sampled crop that received a failed laboratory test 

report. Hemp crops that received a failed laboratory test report cannot be further

handled or processed, except in accordance with Section 4950, and may not enter

the stream of commerce.

(1) If the initial laboratory test report indicates a percentage concentration of THC 

that is greater than the acceptable hemp THC level but does not exceed one 

percent, the registrant may request one additional retest in accordance with 

Section 4945.

(c) Registrants shall destroy a crop that receives a failed laboratory test report within the 

following timeframes:

(1) If a laboratory test report indicates the percentage concentration of THC 

exceeds one percent, the destruction shall begin within 48 hours, and be 

completed within seven calendar days, after the registrant’s receipt of an 

electronic copy of the laboratory test report. The commissioner shall issue a

notice of abatement to the registrant within 48 hours of the receipt of the

electronic copy of the laboratory test report.

(2) If a second laboratory test report from retesting indicates the percentage 

concentration of THC exceeds the acceptable hemp THC level but is less than 

one percent, the destruction shall take place as soon as practicable, but no later 

than 45 calendar days after the registrant’s receipt of an electronic copy of the 

second laboratory test report. The commissioner shall issue a notice of

abatement to the registrant within 48 hours of the receipt of the electronic copy

of the laboratory test report.

(d) Registrant shall retain an original signed copy of the laboratory test report for two

years from the date of sampling and make the original signed copy of the laboratory

test report available to the Department, the commissioner, or law enforcement

officials or their designees upon request. 

Note: Authority cited: Sections 407 and 81006, Food and Agricultural Code 

Reference: Section 81006, Food and Agricultural Code
Abatement and Enforcement of Industrial Hemp Crops

The following sections are extracts from the California Code of Regulations. They have been prepared 

by the Nursery, Seed, and Cotton Program, Pest Exclusion Branch, California Department of Food and 

Agriculture. These extracts are provided for information purposes only. For the official text, the user 

should consult the California Code of Regulations published by Barclays Law Publishers.

California Code of Regulations

Title 3. Food and Agriculture

Division 4. Plant Industry

Chapter 8. Industrial Hemp Cultivation

Article 3. Abatement and Enforcement

4950. Destruction of Non-Compliant Industrial Hemp Crops.

(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, 
California State Regulatory Plan for Hemp Production

(6) physical address, Global Positioning System coordinates, general description 

and location type of the planting location, and total acreage or square footage of 

the crop to be destroyed,

(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 
California State Regulatory Plan for Hemp Production

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) The Department shall make a template of a destruction plan and destruction report 

available on the Department’s website. 

(h) 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.

4950.1 Voluntary Destruction of Industrial Hemp Crops.

(a) Any cultivator that wishes to voluntarily destroy a crop shall destroy the crop 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. 

(b) The cultivator shall report destruction of the crop to the commissioner in accordance

with procedures outlined in Section 4950(b) through (e). 

4951. Corrective Action Plan.

(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:

(1) failing to provide a legal description of the land on which the cultivator cultivates

hemp,

(2) failing to obtain registration prior to cultivation, or

(3) producing hemp with a THC concentration greater than the acceptable hemp

THC level except that cultivators do not commit a negligent violation for

producing hemp with a THC concentration greater than the acceptable hemp

THC level if the crop does not have a total delta-9 tetrahydrocannabinol

concentration of more than 1.0 percent on a dry weight basis.

(b) A notice of violation shall describe:
California State Regulatory Plan for Hemp Production

(1) the violations charged to the recipient,

(2) the right to request a hearing before the commissioner via a written appeal, as

specified in Section 4952 (a), including the email, mailing address, physical

address, and/or website that may be used to submit an appeal,

(3) a corrective action plan, and

(4) an administrative hold, if applicable.

(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 wellbeing of the general public, it is in the public interest to issue an order for the

administrative hold of hemp:

(1) The order shall provide a description of the hemp to be subject to the

administrative hold.

(2) Within twenty-four (24) hours of receipt of the order for administrative hold, the

person in possession of the hemp subject to the hold shall physically segregate,

safeguard and preserve all industrial hemp subject to the hold in the area

designated on the licensee's premises diagram.

(3) While the administrative hold is in effect, the person in possession of the

industrial hemp is restricted from selling, donating, transferring, transporting,

gifting, giving away, or destroying the industrial hemp that is subject to the hold.

(4) Nothing herein shall prevent a registrant from continued possession, cultivation,

or harvesting of the industrial hemp subject to the administrative hold. While the

administrative hold is in effect, all industrial hemp subject to the hold shall be

segregated from industrial hemp that is not subject to hold.

(5) Nothing herein shall prevent a person in possession of the hemp from voluntarily

surrendering industrial hemp subject to an administrative hold to the

commissioner. The registrant shall identify the hemp being voluntarily

surrendered. Voluntary surrender does not waive the right to a hearing and any

associated rights.

(6) Nothing herein shall prevent the person who is in possession of the hemp from

inspecting it or from taking a sample according to Section 4941 and testing
California State Regulatory Plan for Hemp Production

according to Section 4942 for evidence while in the presence of a person

designated by the commissioner.

(7) The hold order shall be nullified upon issuance of a decision under Section

4952(a), (b), or (q) that finds the person charged in the notice of violation was

not and is not in violation as so charged.

(8) If the notice of violation places a hold on hemp, or requires a person to cease

operations, the notice of violation shall remain in effect pending the outcome of

the hearings in Section 4952(a), (b), or (q).

(9) Nothing herein shall be construed to extend required destruction timeframes and

waive prohibitions on cultivation or harvest in Division 24 of the Food and

Agricultural Code or this chapter.

(10) The Commissioner shall remove a hold order upon finding that the violation that

caused the hold order has been corrected.

(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 15 calendar days from the receipt of the notice of violation. The corrective

action plan shall include:

(1) a reasonable date, not to exceed 45 calendar days, by which the cultivator shall

correct the violation,

(2) measures to correct the violation, and

(3) periodic reporting to the commissioner on its compliance with the requirements

of Division 24 of the Food and Agricultural Code, this chapter, and the corrective

action plan for a minimum of two years from the date of the violation.

(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.
California State Regulatory Plan for Hemp Production

(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

unless appealed pursuant to Section 4952.

(k) A grower of industrial hemp, 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.

(l) A cultivator shall not, as a result of a negligent violation, be subject to any criminal

enforcement action by the state or local government.

(m) 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.

4952. Appeals.

(a) Appeals to the commissioner. A respondent may contest a notice of violation or a lab

report issued pursuant to Food and Agricultural Code Section 81006(e) within 30

calendar days from the date of the notice of violation by submitting a written request,

via email, mailing address, physical address, or website, as specified in the notice of

violation, for a hearing before the commissioner.

(1) Failure to present a timely request for a hearing constitutes a waiver of the

respondent's right to contest the notice of violation or lab report.

(2) At the hearing, the person shall be given an opportunity to review the

commissioner’s evidence and to present evidence on his or her own behalf.

(3) Within 60 calendar days of the receipt of a written request for a hearing, the 

commissioner shall hold a hearing, a hearing officer assigned by the 

commissioner shall issue a proposed decision and order, and the commissioner

shall mail notice of the order to the respondent. The order is effective as of the

date on the notice.

(b) Appeals to the Secretary. If the person upon whom the commissioner issued a 

notice of violation requested and appeared at the hearing, the person may appeal 
California State Regulatory Plan for Hemp Production

the commissioner’s decision to the Secretary within 30 calendar days of the date of

receiving a copy of the commissioner’s decision.

(1) To appeal the commissioner’s decision, the appellant shall send a written 

request to the Legal Office of Hearings and Appeals of the Department of Food 

and Agriculture, 1220 N Street, Room 315, Sacramento, California 95814 or via

email to CDFA.LegalOffice@cdfa.ca.gov.

(A) The written request shall include:

1. a copy of the commissioner’s decision,

2. the notice of violation,

3. a clear and concise statement of the basis for the appeal, and

4. the signature of the appellant or his or her authorized agent.

(2) The appellant shall submit a copy of the appeal with the commissioner at the

same time it is filed with the Secretary.

(3) Both the appellant and the commissioner, at the time appellant files the appeal 

or within 10 calendar days thereafter, may submit the record of the hearing and 

a written argument to the Secretary stating the ground for affirming, modifying, 

or reversing the commissioner's decision. All documents must be submitted to 

the Legal Office of Hearings and Appeals of the California Department of Food 

and Agriculture, 1220 N Street, Suite 315, Sacramento, California 95814 or via

email at CDFA.LegalOffice@cdfa.ca.gov.

(4) The department shall schedule an informal hearing within 45 calendar days from 

receipt of the request for an informal hearing. The department shall provide a

notice of informal hearing to the appellant containing the following information:

(A) date, location, and time of the informal hearing, and

(B) a statement to the appellant that the appellant may, but need not, be

represented by counsel at any or all stages of the proceedings.

(5) Any objection to the department's selection of the informal hearing procedure 

instead of a formal hearing procedure shall be made in writing to the Legal

Office of Hearings and Appeals and shall be resolved by the hearing officer prior

to the hearing.

(6) Hearings shall be presided over and conducted by a hearing officer designated 

by the Secretary. In no instance shall any employee of the Industrial Hemp 
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Program serve as the hearing officer in any hearing conducted pursuant to this

section.

(7) If the hearing officer finds substantial evidence in the record to support the

commissioner’s decision, the Secretary shall affirm the commissioner’s decision.

(8) Hearings may be conducted by teleconference, at the discretion of the hearing

officer.

(9) The decision of the hearing officer shall be in writing and include a statement of

the factual legal basis of the decision.

(10) The decision shall be issued within 30 calendar days after the conclusion of the 

hearing and may be issued orally at the conclusion of the hearing subject to

written confirmation.

(11) The written decision shall be served on the respondent either by personal

service, facsimile transmission, or email.

(12) The hearing officer's decision shall be effective immediately upon first 

articulation under subsection (10) and shall be final and not appealable to the

Secretary or any other officer of the department.

(13) The person charged may challenge the hearing officer's decision by filing a writ 

of administrative mandamus in the appropriate court pursuant to Code of Civil

Procedure Section 1094.5.

(c) The commissioner may deny, suspend, or revoke a registration for any violation of

the Division 24 of the Food and Agricultural Code or this chapter.

(1) The commissioner shall notify the person charged with a violation pursuant to

the notice requirements of Section 4951 (a).

(2) Any person who is noticed of denial, suspension, or revocation of registration 

may request a hearing before the Secretary within 30 calendar days of the date

of receiving a copy of the commissioner’s notice.

(3) The hearing shall be scheduled by the Department consistent with the provisions 

of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the 

Government Code, and any applicable regulations enacted pursuant to these

provisions.
California State Regulatory Plan for Hemp Production

(4) Hearings concerning the denial, suspension, or revocation of a registration shall 

be conducted pursuant to Chapter 5 (commencing with Section 11500) Part 1,

Division 3, Title 2 of the Government Code.

(5) The standard of proof to be applied by the Department is preponderance of the 

evidence. The commissioner shall have the burden of proof and the burden of

producing evidence.