California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 1 - Definitions › Section 22000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply to this Subchapter:
"Accreditation" means a determination made by the Secretary of
						United States Department of Agriculture that authorizes a certifying agency to
						conduct certification activities as a certifying agent for the National Organic
						Program (as described in 7 CFR Part 205 ).
"Advertisement" means all representations disseminated in any
						manner or by any means for the purpose of inducing or likely to induce, directly or
						indirectly, the purchase of a product including but not limited to a display of
						written, printed, or graphic matter regarding any cannabis product including digital
						content.
"Advertise" means to represent or disseminate in any manner or
						by any means for the purpose of inducing or likely to induce, directly or
						indirectly, the purchase of a product including but not limited to a display of
						written, printed, or graphic matter regarding any cannabis product including digital
						content.
"Cannabis" has the same meaning as Section
						26001(f) of Division
						10 of the Business and Professions Code.
"Cannabis products" means cannabis that has undergone a
						process whereby the plant material has been transformed into a concentrate. This
						includes, but is not limited to, concentrated cannabis, an edible or topical product
						containing cannabis, or concentrated cannabis containing other ingredients.
"Certification" refers to an approval or credential process
						that has been finalized that generates a unique certificate number.
"Certifying agent" means any entity that has a valid federal
						accreditation by the United States Department of Agriculture under the National
						Organic Program to certify organic operations.
"Cultivation" means any activity involving the planting,
						growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Department" means California Department of Public
						Health.
"Distribution" means the procurement, sale, and transport of
						cannabis and cannabis products between licensees.
"Information panel" means any part of the cannabis product
						label that is not the primary panel or principal display panel and that contains
						required labeling information.
"Label" means a display of written, printed, or graphic matter
						upon a cannabis product container or wrapper.
"Labeling" means any label or other written, printed, or
						graphic matter upon a cannabis product, upon its container or wrapper, or that
						accompanies any cannabis product.
"Manufacture" or "Manufacturing" means all aspects of the
						extraction process, infusion process, and packaging, re-packaging, labeling, or
						re-labeling of cannabis products. It also means cooking, baking, heating, mixing,
						churning, fermenting, preserving, dehydrating, freezing, and includes jarring, or
						otherwise enclosing cannabis product in a container or synonyms of the above terms.
						It also means adding ingredients including any non-cannabis ingredients to a
						cannabis product. It does not include the repacking of cannabis products from a bulk
						shipping container by distributor or retailer where the cannabis product's original
						packaging and labeling is not altered.
"Manufacturer" means an entity which manufactures cannabis
						products that it intends to sell, label, or represent as cannabis products which are
						"sold as OCal".
"Misbranded" under this Subchapter means a cannabis product
						that is 1) labeled falsely or misleading in any particular way, 2) manufactured in
						violation of this Subchapter, and 3) labeled in violation of this Subchapter.
"National List" means the list of allowed and prohibited
						substances included in National Organic Program regulations (7 CFR Sections
						205.600 through
						205.607).
"National Organic Program" or "NOP" means the federal program
						established pursuant to the Organic Foods Production Act of 1990 (7 USC Section
						6501 et seq.) and the regulations adopted
						thereof.
"OCal" is a trademark labeling term for a comparable program
						to the National Organic Program (Section
						6517 of the federal Organic Foods
						Production Act of 1990 (7 USC
						Section 6501 et seq.) and the California Organic
						Food and Farming Act (Chapter 10 (commencing with Section
						46000) of Division 17 of the Food and
						Agricultural Code) and Article 7 (commencing with Section
						110810) of Chapter 5 of Part 5 of
						Division 104 of the Health and Safety Code.
"OCal system plan" means a plan of management between an
						OCal-certified manufacturer and a registered certifying agent that includes written
						plans concerning all aspects of cannabis product manufacturing.
"Organic" means a trademark labeling term that refers to an
						agricultural product produced in accordance with the Organic Foods Production Act
						and the National Organic Program regulations (7 CFR Part 205).
"Primary panel or principal display panel" means the part of a
						cannabis product label that is most likely to be displayed, presented, shown, or
						examined under customary conditions of display for retail sale.
"Prohibited substance" means a substance that must not be used
						in any aspect of United States Department of Agriculture Organic or OCal
						manufacturing and cultivation and is prohibited by the National Organic
						Program.
"Registration" means an approval or credential process that
						has been finalized that generates a unique registration number.
"Sold as OCal" means any use of the terms "OCal," "OCal
						grown," or grammatical variations of those terms that must include "OCal" as
						required under this Subchapter or pursuant to the regulations promulgated under
						Subsection (a) of Section
						26062 of Division 10 of the Business
						and Professions Code; whether orally or in writing; in connection with any cannabis
						product; sold or offered for sale; including, but not limited to, any use of these
						terms in labeling or advertising of any cannabis product; and any ingredient in a
						multi-ingredient cannabis product.
"Split operation" means an operation that manufactures both
						OCal-certified and noncertified cannabis products. "Split operation" does not mean
						an operation certified to produce both organic and OCal products.
1. New
						subchapter 2.5 (articles 1-11, sections
						22000-22270), article 1 (section
						22000) and section filed 7-1-2021
						pursuant to Government Code section
						11343.8;
						operative 7-1-2021. Submitted to OAL for filing and printing only pursuant to
						Business and Professions Code section
						26062(a)(2)
						(Register 2021, No. 27).
Note: Authority cited: Sections
						  100275,
						  110065,
						  110835
						  and
						  113115,
						  Health and Safety Code; and Section
						  26062(a)(2),
						  Business and Professions Code. Reference: Sections
						  110811
						  and
						  110815,
						  Health and Safety Code; and Section
						  26062.5,
						  Business and Professions Code.