reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 7 - Miscellaneous Rulings › Subchapter 1 - Service Charges › Section 4603 - Schedule of Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary of Food and Agriculture, pursuant to Section
					 5852 of the Food and Agricultural
					 Code, establishes the following schedule of charges for analytical,
					 certification, diagnostic, inspection, quality assurance, testing and other
					 non-regulatory services related to nursery stock, plants, seed, or other plant
					 pests and diseases.
(a) The hourly
				  charge for requested diagnostics or scientific consultations which require
				  travel is $70 per hour portal to portal with a one hour minimum charge, plus
				  any car mileage, air fare, meals and lodging pursuant to the State's per diem
				  travel rules.
(b) The hourly charge
				  for requested onsite laboratory diagnostics or scientific consultations is $70
				  per hour and a minimum of 1/4 hour administrative time for data entry,
				  generating and tracking invoices, and creating laboratory analysis
				  reports.
(c) Other charges may
				  include:
(1) The approximate costs of the
				  laboratory supplies used; including but not limited to specific testing kits,
				  reagents or general supplies.
(2)
				  The approximate cost for disposing of any associated hazardous waste generated
				  during testing/analysis, including but not limited to: treated, coated,
				  encrusted, or pelleted seed.
(3)
				  The approximate cost per sample for facility and operations expenses.
(4) Prorated costs for equipment calibration,
				  maintenance, and replacement.
(5)
				  Labor cost for testing/analyzing coated, pelleted, or encrusted seed and/or
				  conducting soil or sand based seed germination tests.
(6) Costs for any outside
				  consulting/professional services, including but not limited to DNA
				  sequencing.
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 › Section 4900 - Registration Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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 › Section 4902 - Criminal History Report for Industrial Hemp Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4920 - List of Approved Cultivars

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4921 - Methodology and Procedure to Update the List of Approved Cultivars

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 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 cultivars via an electronic mail listserv.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4930 - Inspections of Industrial Hemp

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
(d) Based on the findings of the inspection,
				  if there is any violation, as determined by the commissioner, the commissioner
				  shall use their authority to revoke registration, order destruction, or issue a
				  notice of violation.
1. New
					 section filed 1-11-2021; operative 1-11-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 3).
2. Amendment of section and NOTE filed
					 7-11-2022 as an emergency; operative 7-11-2022 (Register 2022, No. 28). A
					 Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Amendment of section and NOTE refiled 1-3-2023 as an
					 emergency; operative 1-3-2023 (Register 2023, No. 1). A Certificate of
					 Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 1-3-2023 order, including new subsection (d), transmitted to
					 OAL 3-29-2023 and filed 5-11-2023; amendments effective 5-11-2023 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2023, No. 19).
Note: Authority cited: Sections
						407,
						81003,
						81004,
						81004.5
						and
						81006,
						Food and Agricultural Code. Reference: Section
						81006,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4934 - Planting Location Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
(b) All plantings shall have signage stating
				  "industrial hemp". The signs shall be posted so that they are visible at all
				  usual points of entry to the site, including each road, footpath, walkway, or
				  aisle.
(c) 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.
1. New
					 section filed 7-11-2022 as an emergency; operative 7-11-2022 (Register 2022,
					 No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 1-3-2023 as an emergency; operative
					 1-3-2023 (Register 2023, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-3-2023 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 1-3-2023 order, including amendment of subsections (a) and (b) and new
					 subsection (c), transmitted to OAL 3-29-2023 and filed 5-11-2023; amendments
					 effective 5-11-2023 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2023, No. 19).
Note: Authority cited: Sections
						407,
						81003,
						81004,
						81004.5
						and
						81006,
						Food and Agricultural Code. Reference: Section
						81006,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4935 - Planting Report for Industrial Hemp

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4936 - Movement of Industrial Hemp Nursery Stock

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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, except for seed, the registrant shall sign and complete a
				  transfer form, provided by the commissioner of the county where the industrial
				  hemp nursery stock is registered, return the completed form to the
				  commissioner, 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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4940 - Sampling Timeframe and Pre-Harvest Notification for Industrial Hemp

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Sampling Timeframe.
(1) Samples shall be
				  collected no more than 11 calendar days prior to the anticipated harvest start
				  date listed on the Sample Analysis Request Form.
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4941 - Sampling Procedures for Testing Industrial Hemp for THC Concentration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4942 - Approved Testing Method for Testing Industrial Hemp for THC Concentration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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)(1)(M)
				  through 4940(b)(1)(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.
(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 before analysis.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4943 - Approved Laboratory for Testing Industrial Hemp for THC Concentration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4944 - Notification of Laboratory Test Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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)(25),
(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",
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4945 - Approved Testing Method for Retesting of Industrial Hemp for THC Concentration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1. New
					 section filed 6-10-2019 as an emergency; operative 6-10-2019 (Register 2019,
					 No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-10-2019 as an emergency; operative
					 12-10-2019 (Register 2019, No. 50). A Certificate of Compliance must be
					 transmitted to OAL by 3-9-2020 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2020, No. 13).
4. New section refiled 3-24-2020 as an
					 emergency; operative 3-24-2020 (Register 2020, No. 13). A Certificate of
					 Compliance must be transmitted to OAL by 6-22-2020 or emergency language will
					 be repealed by operation of law on the following day.
5. New section
					 refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of
					 emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days
					 (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance
					 must be transmitted to OAL by 10-20-2020 or emergency language will be repealed
					 by operation of law on the following day.
6. Repealed by operation
					 of Government Code section
					 11346.1(g)
					 (Register 2021, No. 3).
7. New section filed 1-11-2021; operative
					 1-11-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 3).
Note: Authority cited: Sections
						407
						and
						81006,
						Food and Agricultural Code. Reference: Section
						81006,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 2 - Regulations for Industrial Hemp Cultivation › Section 4946 - Final Disposition for Registered Industrial Hemp Crops

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Registrants shall harvest the sampled crop only upon receipt of an electronic
				  copy of a passing laboratory test report.
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 3 - Abatement and Enforcement › Section 4950 - Destruction of Non-Compliant Industrial Hemp Crops

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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
				  297 B 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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 3 - Abatement and Enforcement › Section 4951 - Corrective Action Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 8 - Industrial Hemp Cultivation › Article 3 - Abatement and Enforcement › Section 4952 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 1 - Livestock Drugs › Article 1 - Definitions › Section 5000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this chapter, the following definitions
					 apply:
(a) "Company representative"
				  means an individual representing a restricted livestock drug licensee that is
				  assigned to perform the duties required to maintain a restricted livestock drug
				  licensee's compliance with California livestock drug laws and
				  regulations.
(b) "Livestock"
				  includes all animals, poultry, and bees, and aquatic and amphibian species
				  which are raised, kept, or used for profit. It does not include those species
				  which are usually kept as pets, such as dogs, cats, and pet birds. "Species
				  which are raised, kept, or used for profit" means:
(1) Livestock that are used for financial
				  gain, commercial use, breeding, competition, or show; or
(2) Livestock whose owners are engaged in
				  business using animals for financial gain, commercial use, breeding,
				  competition, or show.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 1 - Livestock Drugs › Article 2 - General Provisions › Section 5001 - Sales

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  restricted livestock drug shall only be sold at retail within or into this
				  state by a restricted livestock drug licensee.
(b) A business located outside of the State
				  of California that makes any retail sale of a restricted livestock drug into
				  this state shall obtain a restricted livestock drug license prior to any such
				  sale.
(c) A separate restricted
				  livestock drug license is required for each place of business at which any
				  restricted livestock drug is sold, and for each mobile unit in which any such
				  drug is sold.
(d) All livestock
				  drugs sold within or into this state must be registered pursuant to Section
				  14281
				  of the Food and Agricultural Code.
1. New
					 article 2 (section
					 5001) and section filed 8-16-2018;
					 operative 8-16-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 33).
2. Amendment of section heading and section
					 filed 3-13-2023; operative 7-1-2023 (Register 2023, No. 11).
Note: Authority cited: Sections
						407
						and
						14231,
						Food and Agricultural Code. Reference: Sections
						14281,
						14321
						and
						14326,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 1 - Livestock Drugs › Article 2 - General Provisions › Section 5001.1 - Adulteration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  livestock drug shall be deemed to be adulterated in the following cases:
(1) It consists in whole or in part of any
				  filthy, putrid, or decomposed substance.
(2) Its contents or container bears or
				  contains any poisonous, deleterious, or nonnutritive substance in amounts which
				  are injurious to the health of animals or humans when used as described or
				  directed on the label.
(3) Its
				  composition differs from, or quality falls below, that which it is purported or
				  is represented to possess by its labeling or does not conform in all respects
				  with its registration.
(4) If the
				  methods used in or the facilities or controls used for its manufacture,
				  processing, or packaging do not conform to current good manufacturing
				  practices.
(5) If it contains an
				  ingredient for which there is inadequate information to provide reasonable
				  assurance of efficacy or that such ingredient does not present a significant or
				  unreasonable risk of illness or injury.
(6) It is intended for ruminants and contains
				  any material that contains protein derived from prohibited mammalian
				  tissues.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 1 - Livestock Drugs › Article 3 - Licensing › Section 5002 - License Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  restricted livestock drug license application required pursuant to Section
				  14322 of the Food and Agricultural
				  Code shall contain:
(1) The following
				  information for the parent company:
(A) The
				  legal business name, Federal Tax ID number, and telephone number.
(B) The full legal name of the owner or
				  owners.
(C) The mailing address,
				  including street number, city, county, state, and ZIP code.
(D) The company representative who shall be
				  responsible for compliance with the livestock drug laws and regulations. This
				  person shall serve as the Department's primary point of contact for the parent
				  company. The following information shall be provided for the company
				  representative: full legal name, title, email address, and telephone
				  number.
(E) The type of entity
				  (corporation, partnership, sole proprietorship, limited liability company,
				  co-partnership, or other). If other, the type shall be
				  specified.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 1 - Livestock Drugs › Article 3 - Licensing › Section 5003 - License Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications for restricted livestock drug license renewal shall be submitted
				  between January 1 and January 31 of each year and shall be limited to the
				  information described in Section
				  5002(a) of this
				  chapter.
(b) The fee for the
				  renewal application for a license is fifty dollars ($50) per year, payable on
				  or before January 31 of each year. If the fee is not paid by that date, a
				  penalty of fifty dollars ($50) shall be added to the fee.
(c) Any restricted livestock drug licensee
				  that fails to renew its license on or before January 31 shall not sell
				  restricted livestock drugs beginning February 1. Restricted livestock drugs
				  shall not be sold by the restricted livestock drug licensee until the license
				  has been renewed by the Department.
(d) A restricted livestock drug licensee
				  shall notify the Department within thirty (30) calendar days if any of the
				  information provided pursuant to Sections
				  5002(a)(1) through
				  5002(a)(2)(E)
				  changes after the license is renewed.
(e) A restricted livestock drug licensee
				  shall notify the Department if any information provided pursuant to Section
				  5002(a)(2)(F)
				  changes after the license is renewed. This information shall be provided to the
				  Department before a qualified individual may sell any California prescription
				  drug as defined in Section
				  5007(a) of Title 3
				  of the California Code of Regulations.
(f) A restricted livestock drug license
				  renewal application shall be denied if two or more violations have been issued
				  to the applicant, owner(s) listed, parent company, or the location to be
				  licensed within the previous twelve (12) months.
1. New
					 section filed 8-16-2018; operative 8-16-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 33).
Note: Authority cited: Sections
						407
						and
						14231,
						Food and Agricultural Code. Reference: Sections
						14322
						and
						14325,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 1 - Livestock Drugs › Article 4 - Recordkeeping › Section 5004 - Sales Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each restricted livestock drug licensee shall maintain, at the licensed
				  location, a record of each sale of a restricted livestock drug by the
				  licensee.
(b) The record of each
				  sale of a restricted livestock drug shall include all of the following:
(1) The established drug name or trade name,
				  route of administration, quantity, and lot number(s) of the restricted
				  livestock drug sold;
(2) Date of
				  sale;
(3) Name, address, and
				  telephone number of the purchaser;
(4) Signature of the purchaser; and
(5) Any additional information as required
				  under Section
				  5010(c)(1) of the
				  California Code of Regulations regarding retail sales of California
				  prescription drugs.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 1 - Livestock Drugs › Article 5 - Violations and Penalties › Section 5006 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon finding a violation, the Department shall issue a notice in accordance
				  with Section
				  14382 Food and Agricultural
				  Code.
(b) A first violation of this
				  chapter is an infraction punishable by a fine of five hundred dollars
				  ($500).
(c) A second or subsequent
				  violation of this chapter is a misdemeanor punishable by a fine of one thousand
				  dollars ($1000).
(d) If the renewal
				  fee is not paid by January 31, a penalty of fifty dollars ($50) shall be added
				  to the license fee.
1. New
					 section filed 8-16-2018; operative 8-16-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 33).
Note: Authority cited: Sections
						407
						and
						14231,
						Food and Agricultural Code. Reference: Sections
						14381 and
						14382, Food and Agricultural Code;
						Sections
						11445.20,
						11445.30,
						11445.40,
						11445.50
						and
						11445.60,
						Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 1 - Definitions › Section 5007 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this chapter, the following definitions
					 apply:
(a) "California prescription
				  drug" means a medically important antimicrobial drug intended for use on
				  livestock that is federally labeled for over the counter sale but requires a
				  prescription to be sold in California pursuant to Chapter 4.5 of Division 7 of
				  the Food and Agricultural Code.
(b)
				  "Extra label use" means actual use or intended use of a drug in an animal in a
				  manner that is not in accordance with the approved labeling. This includes, but
				  is not limited to, use in species not listed in the labeling, use for
				  indications (disease or other conditions) not listed in the labeling, use at
				  dosage levels, frequencies, or routes of administration other than those stated
				  in the labeling, and deviation from the labeled withdrawal time based on these
				  different uses.
(c) "Federal
				  prescription drug" means a drug intended for use on livestock that is labeled
				  with the statement: "Caution: Federal law restricts this drug to use by or on
				  the order of a licensed veterinarian."
(d) "Livestock" includes all animals and
				  poultry, including aquatic and amphibian species, that are raised, kept, or
				  used for profit. Livestock does not include bees or those species which are
				  usually kept as pets, such as dogs, cats, and pet birds. "Species that are
				  raised, kept, or used for profit" means:
(1)
				  Livestock that are used for financial gain, commercial use, breeding,
				  competition, or show; or
(2)
				  Livestock whose owners are engaged in business using animals for financial
				  gain, commercial use, breeding, competition, or show.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 2 - General Provisions › Section 5008 - Sales of California Prescription Drugs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  provisions of this chapter apply only to restricted livestock drug licensees
				  that choose to sell California prescription drugs pursuant to Chapter 4.5 of
				  Division 7 of the Food and Agricultural Code. These are restricted livestock
				  drugs under Section
				  14203(d) of the
				  Food and Agricultural Code and are therefore subject to Chapter 4 of Division 7
				  of the Food and Agricultural Code and Chapter 1 of Division 5 of Title 3 of the
				  of the California Code of Regulations, in addition to Chapter 4.5 of Division 7
				  of the Food and Agricultural Code and the provisions of this chapter.
(b) A restricted livestock drug licensee
				  shall not sell any drug that is required by federal law to be sold by
				  prescription only unless the licensee also holds a valid license under Section
				  4110
				  or
				  4196
				  of the Business and Professions Code allowing it to do so.
(c) A restricted livestock drug licensee
				  shall only sell California prescription drugs to an end user for the sole
				  purpose of administration to livestock. A restricted livestock drug licensee
				  shall not sell a California prescription drug to another business for resale
				  unless the licensee also holds a valid license under Section
				  4160
				  of the Business and Professions Code allowing it to do so.
(d) A restricted livestock drug licensee
				  shall not sell a California prescription drug until the information required in
				  Section 5002(a)(2)(F) of
				  Title 3 of the California Code of Regulations has been submitted to the
				  Department.
1. New
					 article 2 (section
					 5008) and section filed 8-16-2018;
					 operative 8-16-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 33).
Note: Authority cited: Sections
						407,
						14231,
						14403
						and
						14405,
						Food and Agricultural Code. Reference: Sections
						14203,
						14262,
						14281,
						14321
						and
						14403,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 3 - Additional Requirements › Section 5009 - Qualified Individuals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each restricted livestock drug licensee that chooses to sell California
				  prescription drugs shall identify one (1) or more employees to serve as
				  qualified individual(s) responsible for protecting the public health and safety
				  in the handling, storage, and sale of California prescription drugs.
(b) A qualified individual shall be at least
				  18 years of age.
(c) A qualified
				  individual shall complete a training program that meets the following:
(1) Offered by one of the following:
(A) Federal, state, or local government
				  agencies;
(B) University or college
				  accredited by a regional or national accrediting agency recognized by the
				  United States Department of Education; or
(C) Veterinarian technician program
				  accredited by the American Veterinary Medical Association's Committee on
				  Veterinary Technician Education and Activities.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 3 - Additional Requirements › Section 5010 - Sale Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  California prescription drug shall only be sold by a qualified
				  individual.
(b) A qualified
				  individual shall not sell a California prescription drug without the purchaser
				  first providing a prescription in a written, facsimile, or electronic image
				  format. A qualified individual shall not alter or amend a prescription nor sell
				  a California prescription drug on the basis of an oral order. Prior to selling
				  the California prescription drug, the qualified individual shall verify:
(1) The prescription describes a use that is
				  in accordance with the manufacturer or distributor's label for the prescribed
				  drug; and
(2) The date sold is
				  within the expiration date and within six months of the issuance date listed on
				  the prescription.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 3 - Additional Requirements › Section 5011 - Storage and Inventory Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each restricted livestock drug licensee shall store California prescription
				  drugs in a secure, lockable area that shall only be accessible to the qualified
				  individual(s) identified to the Department pursuant to section
				  5002(a)(2)(F) or
				  section 5002(e) of Title 3
				  of the California Code of Regulations.
(b) Each restricted livestock drug licensee
				  shall maintain on the premises fixtures and equipment in a clean and orderly
				  condition. California prescription drugs shall be stored in accordance with the
				  storage conditions indicated on the manufacturer's label.
(c) No restricted livestock drug licensee
				  shall sell a California prescription drug except in the container in which it
				  is packaged by the manufacturer or distributor.
(1) A restricted livestock drug licensee may
				  break down case lots of California prescription drugs, so long as the seals on
				  the individual containers are not broken.
(2) A restricted livestock drug licensee
				  shall not open an individual container and count out or measure out any
				  quantity of California prescription drugs.