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 4901 - Registration Application for Industrial Hemp

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Registration.
(1) Any person cultivating
				  industrial hemp must have a valid registration prior to cultivation.
(2) A grower of industrial hemp, before
				  cultivation, shall register with the commissioner of the county in which the
				  grower intends to engage in industrial hemp cultivation. The registration
				  application for growers of industrial hemp shall include:
(A) the name, physical address, and contact
				  information of the applicant, including mailing address, telephone number, and
				  email,
(B) the business type (sole
				  proprietor, partnership, corporation, limited liability company, or specified
				  other type), business name(s) including all DBAs ("doing business as"),
				  principal business address, and the employer identification number (EIN) of the
				  business entity as provided by the Internal Revenue Service,
(C) the name(s), title(s), and email(s) (if
				  available) of all key participants,
(D) the legal description, Global Positioning
				  System coordinates, size, and map of the cultivation site(s),
(E) the approved cultivar to be grown,
				  including the state or country of origin, and supporting documentation to
				  demonstrate compliance with Section
				  4920, and
(F) the applicant's signature certifying the
				  following:
1. the information provided on the
				  application is true and correct,
2.
				  the cultivation site(s) to be registered for industrial hemp cultivation is not
				  on premises licensed by the Department of Cannabis Control to cultivate or
				  process cannabis,
3. the applicant
				  shall comply with all the requirements outlined in Division 24 of the Food and
				  Agricultural Code and this chapter, and
4. any changes to the registration shall be
				  provided to the commissioner in accordance with Section
				  4901(b).
(3) A hemp breeder,
				  before cultivation, shall register with the commissioner of the county in which
				  the hemp breeder intends to engage in industrial hemp cultivation. The
				  registration application for hemp breeders shall include:
(A) the name, physical address, and contact
				  information of the applicant, including mailing address, telephone number, and
				  email,
(B) the business type (sole
				  proprietor, partnership, corporation, limited liability company, or specified
				  other type), business name(s) including all DBAs ("doing business as"),
				  principal business address, and the employer identification number (EIN) of the
				  business entity as provided by the Internal Revenue Service,
(C) the name(s), title(s), and email(s) (if
				  available) of all key participants,
(D) the legal description, Global Positioning
				  System coordinates, size, and map of the cultivation site(s),
(E) a variety development plan, which shall
				  include:
1. the name of the seed-certifying
				  agency that will be conducting the certification if a new cultivar is to be
				  certified by a seed-certifying agency,
2. the hemp varieties that will be used and,
				  if applicable, how those varieties will be used in the development of a new
				  cultivar,
3. a plan for testing the
				  THC concentration of a representative sample of the plants grown,
a. Industrial hemp produced by registered
				  hemp breeders that does not enter the stream of commerce shall be sampled in
				  accordance with the sampling procedures outlined in Sections
				  4940 through
				  4941 and tested in accordance with
				  the testing procedures outlined in Sections
				  4942 through
				  4944, but shall not be subject to
				  the sampling requirements outlined in Section
				  4941(b) if the
				  proposed sampling method to test THC concentration has the potential to ensure,
				  at a confidence level of 95 percent, that the plants grown will not test above
				  the acceptable hemp THC level pursuant to Part 990.3 in Title 7 of the Code of
				  Federal Regulations (October 31, 2019) which is hereby incorporated by
				  reference, and
b. Industrial hemp
				  produced by registered hemp breeders that enters the stream of commerce shall
				  be sampled in accordance with the sampling procedures outlined in Sections
				  4940 through
				  4941 and tested in accordance with
				  the testing procedures outlined in Sections
				  4942 through
				  4944.
4. the measures that will be taken to destroy
				  any plants with THC concentrations that test above the acceptable hemp THC
				  level, given that
a. Any hemp destruction
				  shall be conducted in accordance with Section
				  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.
5. the
				  measures that will be taken to prevent the unlawful use of hemp under Division
				  24 of the Food and Agricultural Code and this chapter,
6. a procedure for the maintenance of records
				  documenting the development of the new cultivar, and
(F) the applicant's signature certifying the
				  following:
1. the information provided on the
				  application is true and correct,
2.
				  the cultivation site(s) to be registered for industrial hemp cultivation is not
				  on premises licensed by the Department of Cannabis Control to cultivate or
				  process cannabis,
3. the applicant
				  shall comply with all the requirements outlined in Division 24 of the Food and
				  Agricultural Code and this chapter, and
4. any changes to the registration shall be
				  provided to the commissioner in accordance with Section
				  4901(b).
(4) An established
				  agricultural research institution, before cultivation, shall register with the
				  commissioner of the county in which the established agricultural research
				  institution intends to engage in industrial hemp cultivation. Subsection (b)(4)
				  shall become operative as of the date on which a state plan for California is
				  approved in accordance with Food and Agricultural Code Section
				  81004.5(h). The
				  registration application for established agricultural research institutions
				  shall include:
(A) the name, physical
				  address, and contact information of the applicant, including mailing address,
				  telephone number, and email,
(B)
				  the business type (sole proprietor, partnership, corporation, limited liability
				  company, or specified other type), business name(s) including all DBAs ("doing
				  business as" designations), and principal business address,
(C) the name(s), title(s), and email(s) (if
				  available) of all key participants,
(D) the legal description, Global Positioning
				  System coordinates, size, and map of the cultivation site(s),
(E) a research plan, which shall include:
1. the hemp varieties that will be used and,
				  if applicable, how those varieties will be used for the purposes of
				  agricultural or academic research,
2. a plan for testing a representative sample
				  of the plants grown,
a. Industrial hemp
				  produced by registered established agricultural research institutions that does
				  not enter the stream of commerce shall be sampled in accordance with the
				  sampling procedures outlined in Sections
				  4940 through
				  4941 and tested in accordance with
				  the testing procedures outlined in Sections
				  4942 through
				  4944, but shall not be subject to
				  the sampling requirements outlined in Section
				  4941(b) if the
				  proposed sampling method to test THC concentration has the potential to ensure,
				  at a confidence level of 95 percent, that the plants grown will not test above
				  the acceptable hemp THC level pursuant to Part 990.3 in Title 7 of the Code of
				  Federal Regulations (October 31, 2019) which is hereby incorporated by
				  reference, and
b. Industrial hemp
				  produced by registered established agricultural research institutions that
				  enters the stream of commerce shall be sampled in accordance with the sampling
				  procedures outlined in Sections
				  4940 through
				  4941 and tested in accordance with
				  the testing procedures outlined in Sections
				  4942 through
				  4944.
3. the measures that will be taken to destroy
				  any plants with THC concentrations that test above the acceptable hemp THC
				  level, given that,
a. Any hemp destruction
				  shall be conducted in accordance with Section
				  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,
b. Registered
				  established agricultural research institutions registered with the United
				  States Drug Enforcement Administration to handle marijuana may possess
				  industrial hemp with a laboratory test report that indicates a percentage
				  concentration of THC that is greater than the acceptable hemp THC level if the
				  possession contributes to the development of types of industrial hemp that will
				  fall within the acceptable hemp THC level, until the end of the study, at which
				  point the industrial hemp testing greater than the acceptable hemp THC level
				  must be disposed of according to Section
				  4901(a)(4)(E)3.a.
4. a procedure for the maintenance
				  of records documenting the agricultural or academic research, and
(F) the applicant's signature
				  certifying the following:
1. the information
				  provided on the application is true and correct,
2. the cultivation site(s) to be registered
				  for industrial hemp cultivation is(are) not on premises licensed by the
				  Department of Cannabis Control to cultivate or process cannabis,
3. the applicant shall comply with all the
				  requirements outlined in Division 24 of the Food and Agricultural Code and this
				  chapter, and
4. any changes to the
				  registration shall be provided to the commissioner in accordance with Section
				  4901(b).
(5) Each registration
				  application, except for established agricultural research institutions, shall
				  be accompanied with the registration or renewal fee in accordance with Section
				  4900.
(6) Each registration application shall be
				  accompanied by criminal history reports for all key participants in accordance
				  with Section
				  4902.