reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 5 - Registration and Requirements of Certifying Agents › Section 22100 - List of Ocal-Certified Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the request of the department, a registered certifying
						agent must, at the end of each calendar quarter, prepare a list by name of all
						manufacturers whose cannabis product is OCal-certified or pending OCal certification
						by the certifying agent. This list may be made publicly available on the
						department's web site.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 5 - Registration and Requirements of Certifying Agents › Section 22105 - Site Evaluations for Registered Certifying Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department may conduct site evaluations
					 for the purpose of examining the certifying agent's operations and evaluating its
					 compliance with the regulations in this Subchapter. Site evaluations may include an
					 on-site review of the registered certifying agent's OCal certification procedures,
					 decisions, facilities, administrative and management systems, and operations
					 certified by the registered certifying agent. Site evaluations will be conducted by
					 a representative of the department.
(b)
					 One or more site evaluations may be conducted at any time during the registration
					 period to determine registered certifying agent's compliance with this
					 Subchapter.
(c) A representative from
					 the department may accompany a certifying agent on a site evaluation of a
					 manufacturer to ensure the certifying agent's compliance with this
					 Subchapter.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 5 - Registration and Requirements of Certifying Agents › Section 22110 - Investigation of Manufacturers by Registered Certifying Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The registered certifying agent must conduct
					 an inspection of their OCal-certified manufacturers at least once a year.
(b) The registered certifying agent must
					 investigate suspected noncompliance(s) and credible complaints of noncompliance with
					 this Subchapter concerning manufacturers certified as OCal by the registered
					 certifying agent.
(c) The registered
					 certifying agent must notify the department of all noncompliance proceedings and
					 actions taken pursuant to this Subchapter.
(d) The department may assign a complaint against
					 a certified manufacturer to its registered certifying agent for investigation.
(1) The registered certifying agent must
					 investigate and resolve a complaint against a manufacturer within 90 days unless
					 otherwise specified by the department.
(2) The registered certifying agent must provide
					 the department written documentation of all complaint outcomes and
					 findings.
(3) If the registered
					 certifying agent is unable to resolve the complaint, the registered certifying agent
					 must provide the department written explanation for its inability to reach a
					 conclusion along with all findings.
(4)
					 If the registered certifying agent fails to comply with paragraphs (1) through (3)
					 of this section, the department may resolve the complaint or may begin noncompliance
					 proceedings against the registered certifying agent pursuant to this
					 Subchapter.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 6 - Registration and Requirements of Ocal Manufacturers › Section 22115 - Minimum Requirements for Department Registration of Ocal Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every person engaged in this state in the
					 manufacturing of cannabis products for human or animal consumption or use sold as
					 OCal, must register with the department, and must annually renew its registration
					 unless no longer so engaged in manufacturing.
(b) Manufacturers only claiming OCal or organic
					 ingredients in the ingredients statement on the information panel must register with
					 the department and are exempt from certification by a registered certifying
					 agent.
(c) To obtain registration from
					 the department under this Subchapter, manufacturers must comply as follows:
(1) Possess valid, current cannabis licenses
					 issued by the cannabis licensing authority under Division 10 of the Business and
					 Professions Code;
(2) Possess a valid
					 and current OCal certification by a department-registered certifying agent for each
					 operation or specified portion of an operation that meets all applicable
					 requirements of this Subchapter. Except for operations excluded under Sections
					 22005(d),
					 22030, and
					 22115(b) of this
					 Subchapter;
(3) Develop, maintain, and
					 adhere to the recordkeeping system necessary for compliance with Recordkeeping by
					 Manufacturers pursuant to Section
					 22140, OCal System Plan pursuant to
					 Section 22040, and Facility Pest Management
					 Practice Standard pursuant to Section
					 22045;
(4) Permit on-site inspections of the premises by
					 the department and by the registered certifying agent to ensure compliance with this
					 Subchapter;
(5) Immediately notify the
					 department and registered certifying agent regarding any change in operation or any
					 portion of operation that may affect its compliance with this
					 Subchapter;
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 6 - Registration and Requirements of Ocal Manufacturers › Section 22120 - Application for Registration of Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each applicant must provide all requested
					 information on the application to be approved by the department.
(b) At a minimum, each applicant must provide the
					 following information:
(1) The OCal certification
					 number issued to the firm and a copy of the OCal certification document pursuant to
					 Section 22115, if applicable;
(2) The cannabis license number and expiration
					 date issued to the firm by the cannabis licensing authority and a copy of the
					 cannabis license pursuant to Section
					 22115;
(3) For renewal applications only, the total
					 annual OCal gross revenue received from manufacturing OCal cannabis products in
					 dollars, for the previous 12 months;
(4)
					 For renewal applications only, the quantity (in pounds) of all finished cannabis
					 products sold as OCal by product type (commodity) as determined by the department
					 for the previous 12 months; and
(5)
					 Documents requested by the department or supplied by the applicant under paragraphs
					 (3) and (4) above must be marked "confidential financial documents" by the
					 applicant.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 6 - Registration and Requirements of Ocal Manufacturers › Section 22125 - Review of Registration Application for Ocal Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an application is incomplete, the applicant
					 must submit the missing information, fee, payment, or fine no later than 30 calendar
					 days from the date of notification from the department.
(b) The application will be deemed abandoned if
					 the missing information, fee, payment, or fine is not submitted within the specified
					 timeframe.
(c) If the application is
					 deemed abandoned, the applicant may reapply and pay a new registration
					 fee.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 6 - Registration and Requirements of Ocal Manufacturers › Section 22130 - Withdrawal of Application for Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant may withdraw an application at any time prior to
						the department's approval, denial, suspension, or revocation of registration.
(a) Requests to withdraw an application must be
					 submitted to the department in writing, dated, and signed by the firm
					 owner(s).
(b) The department will not
					 refund registration fees for a withdrawn application.
(c) An applicant may reapply and pay a new
					 registration fee following the withdrawal of an application.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 6 - Registration and Requirements of Ocal Manufacturers › Section 22135 - Registration Renewal for Ocal Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Manufacturers must renew their registration
					 with the department annually prior to the registration expiration date. Any
					 manufacturer that does not pay the registration fee within 30 days of the date on
					 which the fee is due and payable must pay a penalty of 1.5 percent per month on the
					 unpaid balance.
(b) When the
					 registration fee is not paid within 60 days from the expiration date, the account
					 may be considered closed and the registration voided. A notification may be sent to
					 the registrant that they are no longer able to advertise or sell cannabis products
					 as OCal until the account is paid in full.
(c) Any registration that is more than 60 days
					 late will be considered invalid and it is a violation if cannabis product is sold as
					 OCal.
(d) The manufacturer will receive
					 a registration certificate, which includes the registration number and the
					 expiration date only when:
(1) All required
					 information has been submitted pursuant to this article;
(2) Required fee(s) or fine(s) have been paid
					 pursuant to this article; and
(3) The
					 department approves the renewal application.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 6 - Registration and Requirements of Ocal Manufacturers › Section 22140 - Recordkeeping by Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 manufacturer registered by the department must maintain the following documents
					 onsite for cannabis products intended to be sold, labeled, or represented as OCal:
(1) OCal system plan;
(2) Sales invoices and receipts of cannabis and
					 organic ingredients purchased for use in OCal cannabis products;
(3) The name and address of all persons, to whom
					 or from whom the OCal cannabis products are sold, purchased, or otherwise
					 transferred, the quantity of product sold or otherwise transferred, and the date of
					 the transaction;
(4) Invoices, bills of
					 lading, or other documents that show transfer of title of certified cannabis
					 products must indicate the product is "OCal" or "certified OCal"; and
(5) All substances applied to the product or used
					 in or around any area where product is kept, including the quantity applied and the
					 date of each application. All pesticide chemicals must be identified by brand name,
					 if any, and by source.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22145

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to sell, offer for sale,
						advertise, or label cannabis products in noncompliance of this
						Subchapter.
1. New article
						7 (sections 22145-22210) 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22150

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person other than the department to
						register OCal cannabis manufacturers.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22155

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to certify cannabis products as
						OCal unless duly registered with the department and federally accredited as a
						certification organization under the NOP.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22160

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to willfully make a false
						statement or representation, or knowingly fail to disclose a fact required to be
						disclosed, on a registration application or document. False means
						untruthful.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22165

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to sell, label, advertise, cause
						in any way to appear in advertisement or similar, or otherwise refer to cannabis
						products as organic except as permitted under section
						22055.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22170

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to manufacture cannabis products
						sold as OCal unless registered by the department and in compliance with this
						Subchapter.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22175

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to forge, falsify, fail to
						retain, fail to obtain, or fail to disclose records pursuant to section
						22140.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22180

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to represent the registration
						number, any logo or trademark of the department or status of the registration in
						advertising or labeling.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22185

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to alter any OCal certification
						or certification documents.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22190

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to alter any OCal registration
						certificate or registration document.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22195

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to falsify any
						document.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22200

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to use the term "transitional
						OCal" or "OCal when available" or similar terminology to represent a cannabis
						product for sale.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22205

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to use or represent the word
						"OCal" or the OCal seal regarding a cannabis product unless in compliance with this
						Subchapter.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 7 - Compliance › Section 22210

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to disseminate any false
						advertisement for cannabis products under this Subchapter. An advertisement is false
						if it is untruthful or misleading.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 8 - Actions upon a Manufacturer or Certifying Agent › Section 22215 - Adverse Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 department may initiate one or a combination of the following actions on a
					 manufacturer or certifying agent:
(1) Notice of
					 Noncompliance;
(2) Suspension;
(3) Revocation;
(4) Denial;
(5) Penalty; or
(6) Fine.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 9 - Actions Between a Certifying Agent and a Manufacturer › Section 22220 - Noncompliance Procedures for Manufacturers by Registered Certifying Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The registered
					 certifying agent must notify the manufacturer and the department of any denial of
					 OCal certification or proposed fine, proposed suspension, or proposed revocation of
					 an OCal certification pursuant to this Subchapter.
(b) Notice of noncompliance. When an inspection,
					 audit, or review of a manufacturer by the registered certifying agent reveals any
					 noncompliance with this Subchapter, a written notification of noncompliance must be
					 sent to the manufacturer. Such notification must provide at a minimum:
(1) A description of each noncompliance;
(2) The facts upon which the notification of
					 noncompliance is based; and
(3) The date
					 by which the manufacturer must rebut or correct each noncompliance and submit
					 supporting documentation of each such correction when correction is
					 possible.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 9 - Actions Between a Certifying Agent and a Manufacturer › Section 22225 - Mediation for Manufacturers and Registered Certifying Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any dispute with respect to denial of OCal
					 certification or proposed suspension or revocation of certification under this
					 Subchapter between a manufacturer and a registered certifying agent may be mediated
					 at the request of the manufacturer.
(b)
					 Mediation must be requested in writing to the department within 30 calendar days
					 from the notice by the registered certifying agent regarding the manufacturer's
					 certification status.
(c) If mediation
					 is unsuccessful, the manufacturer must have 30 calendar days from termination of
					 mediation to appeal the registered certifying agent's decision pursuant to Section
					 22230.
(d) The department will document in writing the
					 results of such mediation including any agreement reached.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 9 - Actions Between a Certifying Agent and a Manufacturer › Section 22230 - Appeal Between Manufacturers and Registered Certifying Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a request pursuant to Section
					 22225, a manufacturer seeking OCal
					 certification may request appeal of a decision by a registered certifying agent as
					 follows:
(1) Submitting a written request for
					 appeal to the Chief of the Food and Drug Branch, and
(2) The request for appeal must be postmarked or
					 received by the department no later than 30 calendar days after the date of the
					 registered certifying agent's notice of decision to the manufacturer or applicant,
					 and
(3) The request must include the
					 following:
(A) A copy of the department's written
					 report of mediation, if applicable.
(B)
					 A copy of the registered certifying agent's notice of noncompliance and any
					 documented resolution of noncompliance.
(C) A copy of the registered certifying agent's
					 decision of denial of OCal certification, proposed suspension, or
					 revocation.
(D) All documentation that
					 support the request for appeal.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 10 - Department Actions and Appeals › Section 22235 - Noncompliance Procedures for Certifying Agents and Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notice of Noncompliance.
(1) When the department issues written
					 notification of noncompliance, the certifying agent or manufacturer must demonstrate
					 that each noncompliance has been resolved within an agreed upon timeframe.
(2) The department may send a written notification
					 of noncompliance resolution, if applicable.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 10 - Department Actions and Appeals › Section 22240 - Appeals-General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the department
					 seeks action against a certifying agent or manufacturer, an opportunity to appeal
					 the action must be afforded.
(b) The
					 certifying agent whose registration has been denied, suspended, pending revocation
					 or is revoked may request an appeal by filing a written notice with the department
					 no later than 30 calendar days after the date of the department's written notice of
					 the suspension, denial, intent to revoke, or revocation.
(c) The manufacturer whose registration has been
					 denied, suspended, pending revocation or is revoked may request an appeal by filing
					 a written notice with the department no later than 30 calendar days after the date
					 of the department's written notice of the suspension, denial, intent to revoke, or
					 revocation.
(d) If certifying agent or
					 manufacturer fails to submit a timely written request for appeal pursuant to this
					 section, the department may proceed without a hearing.
(e) Any appeal requested under this section must
					 be conducted pursuant to the procedures specified in Section
					 131071 of Division 101 of the Health
					 and Safety Code.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 10 - Department Actions and Appeals › Section 22245 - Evidence Provided by Certifying Agent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the department seeks suspension, revocation, denial, or penalty against a
					 manufacturer, the department may request evidence from the certifying agent to
					 support the proposed suspension, revocation, or denial action or penalty.
(b) Within 30 calendar days from the date of the
					 request by the department, the certifying agent must provide or submit all
					 information supporting the proposed suspension, revocation, or denial action or
					 penalty to the department. The certifying agent must also be available for
					 department interview and for any testimony needed in an appeal.
(c) If the certifying agent fails to submit
					 supporting information to the department within the specified time frame or is not
					 available for department interview or testimony, the department may revoke the
					 registration of the certifying agent.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 11 - Penalties › Section 22250 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department may
					 levy a civil penalty against any person who violates this Subchapter, in an amount
					 not more than $5,000 for each violation. The amount of the penalty assessed for each
					 violation must be based upon the nature of the violation, the seriousness of the
					 effect of the violation upon effectuation of the purposes and provisions of this
					 Subchapter, and the impact of the penalty on the violator, including the deterrent
					 effect on future violations.
(b)
					 Notwithstanding the penalties prescribed in paragraph (a), if the department finds
					 that a violation was not intentional, the department may levy a civil penalty of not
					 more than $2,500 for each violation.
(c)
					 For a first offense, in lieu of a civil penalty as prescribed in paragraphs (a) and
					 (b), the department may issue a notice of noncompliance, if the department finds
					 that the violation is minor.
(d) Any
					 fees and civil penalties collected pursuant to this Subchapter must be deposited in
					 the Food Safety Fund established pursuant to Section
					 110050 of Division 104 of the Health
					 and Safety Code.
(e) A person against
					 whom a civil penalty is levied must be afforded an opportunity for a hearing before
					 the department pursuant to Section
					 131071 of Division 101 of the Health
					 and Safety Code. If no hearing is requested, the civil penalty must constitute a
					 final and nonreviewable order.
1. New article
						11 (sections 22250-22270) 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 11 - Penalties › Section 22255 - Embargo

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever an agent of the department finds, or has probable
						cause to believe, that a cannabis product subject to this Subchapter is misbranded
						or falsely advertised (orally, in printed form, or in any other form of media), that
						agent must affix to the affected cannabis products a tag or other appropriate
						marking. The agent must describe the misbranded or false advertising violations and
						that the cannabis products have been embargoed, and that no person may remove or
						dispose of cannabis products until permission for removal or disposal is given by an
						agent of the department or the court.
1. New 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,
						  111860
						  and
						  113115,
						  Health and Safety Code; and Section
						  26062(a)(2),
						  Business and Professions Code. Reference: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 11 - Penalties › Section 22260

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for any person to remove, sell, or dispose of
						detained or embargoed cannabis products without permission of an authorized agent of
						the department or the court.
1. New 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,
						  111865
						  and
						  113115,
						  Health and Safety Code; and Section
						  26062(a)(2),
						  Business and Professions Code. Reference: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 11 - Penalties › Section 22265

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an agent of the department finds, or has reasonable cause
						to believe, that the embargo will be violated, that agent may remove the embargoed
						product to a place of safekeeping.
1. New 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,
						  111875
						  and
						  113115,
						  Health and Safety Code; and Section
						  26062(a)(2),
						  Business and Professions Code. Reference: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 11 - Penalties › Section 22267

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any superior court of this state may condemn any cannabis
						product under this Subchapter. In the absence of an order, the cannabis product may
						be destroyed by the owner, a responsible party with written consent of the owner,
						the owner's attorney, or an authorized representative, and while under the
						supervision of an authorized agent of the department. The destruction is at the
						expense of the owner.
1. New 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,
						  111885,
						  111890,
						  111895
						  and
						  113115,
						  Health and Safety Code; and Section
						  26062(a)(2),
						  Business and Professions Code. Reference: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.5 - Ocal › Article 11 - Penalties › Section 22270

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The remedies under this section are in addition to, and do not
						supersede, or limit, any and all other remedies, civil or
						criminal.
1. New 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: Section
						  26062.5,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.6 - Industrial Hemp › Article 4 - Registration, License, Authorization, and Fees for Industrial Hemp Manufacturers › Section 23200 - Industrial Hemp Manufacturer Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every person in this state who manufactures
					 only industrial hemp extract, and every person outside this state who manufactures
					 industrial hemp extract for import into this state, must:
(1) Obtain a processed food registration and pay
					 fees pursuant to section
					 23205(a),
(2) Obtain industrial hemp enrollment and
					 oversight authorization pursuant to the requirements in sections
					 23210 and
					 23215, and
(3) Pay industrial hemp enrollment and oversight
					 authorization fees pursuant to section
					 23230(b) for
					 extract.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2.6 - Industrial Hemp › Article 4 - Registration, License, Authorization, and Fees for Industrial Hemp Manufacturers › Section 23205 - Requirements for Registration or License for Extract, Human Food, Processed Pet Food, and Cosmetics Industrial Hemp Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Extract. Every person in this state who
					 manufactures only industrial hemp extract and every person outside this state who
					 manufactures industrial hemp extract for import into this state, must obtain and
					 maintain a valid processed food registration with the department, renew annually,
					 and pay applicable nonrefundable fees pursuant to Health and Safety Code, Division
					 104, Part 5, Chapter 5, Article 2 (commencing with section
					 110460).
(b) Human food. Every person in this state who
					 manufactures industrial hemp human food must, according to food type, do as follows:
(1) For food, beverage, or dietary supplements:
(A) Obtain and maintain a valid processed food
					 registration with the department, renew annually, and pay applicable nonrefundable
					 fees pursuant to Health and Safety Code, Division 104, Part 5, Chapter 5, Article 2
					 (commencing with section
					 110460), and
(B) Pay all required additional fees pursuant to
					 Health and Safety Code, Division 104, Part 5 and Part 6.