California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 1 - Definitions › Section 10000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions, including definitions in section
					 26001
					 of the Business and Professions Code, and definitions included in title 4,
					 section 16000 of the California Code of
					 Regulations apply to this chapter.
(a)
				  "Accreditation" means a determination made by the California Department of Food
				  and Agriculture that authorizes a private entity or local jurisdiction to
				  conduct certification activities when registered as a certifying agent pursuant
				  to this chapter.
(b) "Action level"
				  means the limit at or above which the U. S. Food and Drug Administration will
				  take legal action against a product to remove it from the market. Action levels
				  are based on unavoidability of poisonous or deleterious substances and do not
				  represent permissible levels of contamination where it is avoidable.
(c) "Agricultural inputs" means all
				  substances or materials used in the production of OCal cannabis or
				  nonmanufactured cannabis products.
(d) "Allowed synthetic" means a substance
				  that is included on the National List of synthetic substances allowed for use
				  in organic production, as provided in The National List of Allowed and
				  Prohibited Substances, 7 Code of Federal Regulations (7 CFR) section
				  205.601.
(e) "Applicant" means an owner of the
				  applicant entity or sole proprietor applying for accreditation, registration,
				  or certification pursuant to this chapter.
(f) "Area of operation" means the types of
				  operations a certifying agent may be accredited to certify pursuant to this
				  chapter.
(g) "Audit trail" means
				  documentation that is sufficient to determine the source, transfer of
				  ownership, and transportation of any cannabis or nonmanufactured cannabis
				  product labeled "OCal."
(h)
				  "Biodegradable" means subject to biological decomposition into simpler
				  biochemical or chemical components.
(i) "Buffer zone" means an area located
				  between land maintained under OCal or NOP certified Organic management and an
				  adjacent land area not maintained under OCal or NOP certified Organic
				  management.
(j) "Certification" or
				  "certified" means a determination made by the registered certifying agent, and
				  documented by a certificate, that a cultivation or distribution operation is in
				  compliance with this chapter.
(k)
				  "Certified operation" means a cannabis cultivator or distributor that has
				  received OCal certification.
(l)
				  "Certifying agent" means any entity that currently certifies
				  operations.
(m) "Certifying agent's
				  operation" means all sites, facilities, personnel, and records used by a
				  certifying agent.
(n) "Claims"
				  means oral, written, implied, or symbolic representations, statements,
				  advertising or other forms of communication presented to the public or
				  consumers that relate to the OCal certification process or the term
				  "OCal".
(o) "Clone" means an
				  asexually produced plant grown by taking a cutting from a mother plant or a
				  tissue culture from a source plant that is genetically identical to the mother
				  plant or source plant.
(p)
				  "Commercially available" means the ability to obtain a production input in an
				  appropriate form, quality, or quantity to fulfill an essential function in a
				  system of production as determined by the registered certifying agent in the
				  course of reviewing the OCal system plan.
(q) "Commingling" means physical contact
				  between OCal produced and non-OCal produced cannabis and nonmanufactured
				  cannabis products.
(r) "Compost"
				  means the product of a managed process through which microorganisms break down
				  plant and animal materials into more available forms suitable for application
				  to the soil.
(s) "Control" means
				  any method that reduces or limits damage by populations of pests, weeds, or
				  diseases to levels that do not significantly reduce productivity.
(t) "Crop" means pastures, cover crops, green
				  manure crops, catch crops, or any plant or part of a plant intended to be
				  marketed as an agricultural product, or used in the field to manage nutrients
				  and soil fertility.
(u) "Crop
				  residues" means the plant parts remaining in a field after the harvest of a
				  crop, which include stalks, stems, leaves, roots, and weeds.
(v) "Crop rotation" means a method of
				  reducing soil erosion and increasing soil fertility, biodiversity, and crop
				  yield through the practice of alternating the annual crops grown on a specific
				  field in a planned pattern or sequence in successive crop years so that crops
				  of the same species or family are not grown repeatedly, without interruption,
				  on the same field.
(w)
				  "Cultivation" means any activity involving the planting, growing, harvesting,
				  drying, curing, grading, or trimming of cannabis.
(x) "Cultural methods" means methods used to
				  enhance crop health and prevent weed, pest, or disease problems without the use
				  of substances, such as the selection of appropriate varieties and planting
				  sites, proper timing and density of plantings, irrigation, and extending or
				  compressing a growing season by manipulating the microclimate with green
				  houses, cold frames, or wind breaks.
(y) "Detectable residue" means the amount or
				  presence of chemical residue or sample component that can be reliably observed
				  or found in the sample matrix by current approved analytical
				  methodology.
(z) "Disease vectors"
				  means plants or animals that harbor or transmit disease organisms or pathogens
				  which may attack crops.
(aa)
				  "Drift" means the physical movement of prohibited substances from the intended
				  target site onto an OCal operation or portion thereof.
(ab) "Emergency pest or disease treatment
				  program" means a mandatory program authorized by a federal, state, or local
				  agency for the purpose of controlling or eradicating a pest or
				  disease.
(ac) "Employee" means any
				  person providing paid or volunteer services for the registered certifying
				  agent.
(ad) "Excluded methods"
				  means a variety of methods used to genetically modify organisms or influence
				  their growth and development by means that are not possible under natural
				  conditions or processes and are not considered compatible with organic and OCal
				  production. Such methods include cell fusion (except when the donor
				  cells/protoplasts fall within the same taxonomic plant family),
				  microencapsulation and macroencapsulation, and recombinant DNA technology
				  (including gene deletion, gene doubling, introducing a foreign gene, and
				  changing the positions of genes when achieved by recombinant DNA technology).
				  Such methods do not include the use of traditional breeding, conjugation,
				  fermentation, hybridization,
in vitro fertilization
, or tissue
				  culture.
(ae) "Fertilizer" means a
				  single or blended substance containing one or more recognized plant nutrient(s)
				  which is used primarily for its plant nutrient content and which is designed
				  for use or claimed to have value in promoting plant growth.
(af) "Field" means an area of land identified
				  as a discrete unit within a production operation.
(ag) "Handling" means the touching or
				  manipulating of post-harvest OCal cannabis and nonmanufactured cannabis
				  products, processing of OCal cannabis and nonmanufactured cannabis products, or
				  accessing OCal cannabis and nonmanufactured cannabis products via an open
				  container or an unsealed package at any point in the supply chain.
(ah) "Immediate family" means the spouse,
				  minor children, or blood relatives who reside in the immediate household of the
				  registered certifying agent or an employee, inspector, contractor, or other
				  personnel of the registered certifying agent.
(ai) "Inert ingredient" means any substance
				  (or group of substances with similar chemical structures if designated by the
				  United States Environmental Protection Agency) other than an active ingredient
				  which is intentionally included in any pesticide product.
(aj) "Information panel" means any part of
				  the cannabis or nonmanufactured cannabis product label that is not the primary
				  panel and that contains required labeling information.
(ak) "Ingredient" means any substance that is
				  used in the manufacture of a cannabis product and that is intended to be
				  present in the product's final form.
(al) "Inspection" means the act of examining
				  and evaluating an operation to determine compliance with this
				  chapter.
(am) "Inspector" means any
				  person retained or used by the registered certifying agent to conduct
				  inspections of certification applicants or certified operations.
(an) "Label" means a display of written,
				  printed, or graphic matter upon a cannabis product, upon its container or
				  wrapper, or that accompanies any cannabis product.
(ao) "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.
(ap) "Laboratory or Testing laboratory" means
				  a laboratory, facility, or entity in the state that offers or performs tests of
				  cannabis and cannabis products is licensed by the Bureau of Cannabis Control
				  and is accredited by an accrediting body that is independent from all other
				  persons involved in commercial cannabis activity in the state.
(aq) "Licensee" means any person holding a
				  cannabis cultivation or distribution license in the State of
				  California.
(ar) "Limited-access
				  area" means an area that is only accessible to the operator and authorized
				  personnel of an operation.
(as)
				  "Local jurisdiction" means a city, county, or city and county.
(at) "Manufacture" means to compound, blend,
				  extract, infuse, or otherwise make or prepare a cannabis product.
(au) "Manure" means feces, urine, other
				  excrement, and bedding produced by livestock that has not been
				  composted.
(av) "Mother plant"
				  means a plant used for the sole purpose of taking cuttings or offsets in order
				  to grow more of the same plant.
(aw) "Mulch" means any nonsynthetic material,
				  such as wood chips, leaves, or straw, or any synthetic material included on the
				  National List for such use, such as newspaper or plastic that serves to
				  suppress weed growth, moderate soil temperature, or conserve soil
				  moisture.
(ax) "National List"
				  means the list of allowed and prohibited substances included in National
				  Organic Program regulations, 7 CFR sections 205.600 through
				  205.607.
(ay) "National Organic Program" or "NOP"
				  means the federal regulatory program that develops and enforces uniform
				  national standards for organically-produced agricultural products sold in the
				  United States.
(az) "Natural
				  resources of the operation" means the physical, hydrological, and biological
				  features of a production operation, including but not limited to soil, water,
				  wetlands, woodlands, and wildlife.
(ba) "Nonmanufactured cannabis product" means
				  flower, shake, leaf, pre-rolls, and kief that is obtained from accumulation in
				  containers or sifted from loose, dry cannabis flower or leaf with a mesh screen
				  or sieve.
(bb) "Nonsynthetic
				  (natural)" means a substance that is derived from mineral, plant, or animal
				  matter and does not undergo a synthetic process, as defined in (cd) of this
				  section.
(bc) "Nonretail container"
				  means any container used for shipping or storage of nonmanufactured OCal
				  cannabis products that is not used in the retail display or sale of the
				  product.
(bd) "Nursery" means all
				  activities associated with producing clones, immature plants, seeds, and other
				  agricultural products used specifically for the propagation and cultivation of
				  cannabis.
(be) "OCal" means a
				  labeling term that refers to cannabis and nonmanufactured cannabis products
				  produced pursuant to this chapter or a certification program for manufactured
				  cannabis products authorized under Business and Professions Code section
				  26062.
(bf) "OCal production" means a production
				  system that is managed pursuant to this chapter to respond to site-specific
				  conditions by integrating cultural, biological, and mechanical practices that
				  foster cycling of resources, promote ecological balance, and conserve
				  biodiversity.
(bg) "OCal Program"
				  means the program authorized by Business and Professions Code section
				  26062(a)(1)
				  to assure consumers that cannabis and nonmanufactured cannabis products
				  certified under the OCal designation are produced pursuant to this chapter and
				  comparable to the National Organic Program regulations, 7 CFR part
				  205.
(bh) "OCal system plan" means
				  a plan of management of an OCal operation that has been agreed to by an
				  operator and the registered certifying agent and that includes written plans
				  concerning all aspects of cannabis production described in this
				  chapter.
(bi) "Operation" means a
				  person that holds a valid and active California commercial cannabis cultivator
				  or distributor license.
(bj)
				  "Organic" means a 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.
(bk) "Organic matter" means the remains,
				  residues, or waste products of any organism.
(bl) "Pest" means any of the following that
				  is, or is liable to become, dangerous or detrimental to the agricultural or
				  nonagricultural environment of the state:
(1)
				  Any insect, predatory animal, rodent, nematode, or weed; and
(2) Any form of terrestrial, aquatic, or
				  aerial plant or animal virus, fungus, bacteria, or other microorganism (except
				  viruses, fungi, bacteria, or other microorganisms on or in living man or other
				  living animals).