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 4890 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of this chapter, the following definitions apply:
(1) "Acceptable hemp THC level" means a THC
				  concentration that falls within the distribution or range that includes
				  three-tenths of one percent or less that is produced when the measurement of
				  uncertainty is applied to the reported THC concentration. For example, if the
				  reported THC concentration of a sample is 0.35% and the measurement of
				  uncertainty is ± 0.06%, the measured THC concentration would range from
				  0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is
				  within the acceptable hemp THC level.
(2) "Cannabis" has the same meaning as
				  defined in subdivision (e) of Section
				  26001
				  of the Business and Professions Code.
(3) "Central cola" means a cut stem that
				  could develop into a bud of the flowering top of the plant.
(4) "Criminal history report" means the
				  Federal Bureau of Investigation's Identity History Summary.
(5) "Cultivar" means a cultivated variety of
				  industrial hemp.
(6) "Cultivation"
				  means the planting, growing, irrigation, or harvesting of an industrial hemp
				  plant or crop.
(7) "Cultivation
				  site" means contiguous land area on which the applicant plans to engage in
				  industrial hemp cultivation, storage, or both.
(8) "Cultivator" means a person, or
				  institution planting, cultivating, growing, irrigating, or harvesting
				  industrial hemp plants or crop.
(9)
				  "Destroy" or "dispose" means an activity that transitions the product into a
				  non-retrievable or non-ingestible form. Such activities include plowing,
				  tilling, or disking plant material into the soil; mulching, composting,
				  chopping, or bush mowing plant material into green manure; burning plant
				  material; burying plant material into the earth and covering with
				  soil.
(10) "Disqualifying
				  conviction" means any plea of guilty or nolo contendere, or any finding of
				  guilt for a State or Federal felony related to a controlled substance, except:
(A) when the finding of guilt is subsequently
				  overturned on appeal, pardoned, or expunged, or
(B) where an individual is allowed to
				  withdraw an original plea of guilty or nolo contendere and enter a plea of not
				  guilty and the case is subsequently dismissed.
(11) "Established agricultural research
				  institution" means an institution of higher education, as defined in Section
				  101 of the federal Higher Education
				  Act of 1965 (20 U.S.C. Sec.
				  1001), that grows, cultivates, or
				  manufactures industrial hemp for purposes of agricultural or academic research.
				  If the hemp to be registered is owned, or the cultivated land is owned or
				  leased, by a party other than an established agriculture institution, then the
				  applicant shall register as a grower.
(12) "Gross negligence" is defined as a lack
				  of care that demonstrates reckless disregard for the safety or lives of others,
				  which is so great it appears to be a conscious violation of other people's
				  rights to safety.
(13) "Grower"
				  means a person that is registered with the commissioner to cultivate hemp for
				  sale.
(14) "Harvest" means the
				  collection of any portion of industrial hemp plant.
(15) "Hemp breeder" means a person that is
				  registered with the commissioner to develop cultivars intended for sale or
				  research.
(16) "Industrial hemp" or
				  "hemp" means an agricultural product, whether growing or not, that is limited
				  to types of the plant
Cannabis sativa
L. and any part of that
				  plant, including the seeds of the plant and all derivatives, extracts, the
				  resin extracted from any part of the plant, cannabinoids, isomers, acids,
				  salts, and salts of isomers, with a total delta-9 tetrahydrocannabinol
				  concentration of no more than 0.3 percent on a dry weight basis.
(17) "Industrial hemp nursery stock" means
				  any industrial hemp plant or any part of an industrial hemp plant for planting
				  or propagation.
(18) "Key
				  participants" includes the registrant and means any person in the entity
				  producing industrial hemp who is:
(A) a sole
				  proprietor, a partner in partnership, or a person with executive managerial
				  control in a corporation producing industrial hemp, or
(B) a person with executive managerial
				  control over the entity producing industrial hemp, including persons such as a
				  chief executive officer, chief operating officer and chief financial
				  officer.
(C) This definition does
				  not include a person in a management position with no executive managerial
				  control over the entity producing industrial hemp, such as farm, field, or
				  shift managers.
(D) For established
				  agricultural research institutions, this definition does not include a person
				  that is a member of the leadership of the established agricultural research
				  institution unless the member of the leadership exercises executive managerial
				  control over the hemp production.
(19) "Measurement of uncertainty" means the
				  parameter associated with the result of a measurement that characterizes the
				  dispersion of the values that could reasonably be attributed to the particular
				  quantity subject to measurement.
(20) "Person" means any individual,
				  partnership, association, corporation, limited liability company, or any
				  organized group of persons whether incorporated or not.
(21) "Premises" has the same meaning as
				  defined in subdivision (aq) of Section
				  26001
				  of the Business and Professions Code.
(22) "Recklessness" is defined as a lack of
				  regard for the danger or consequences of one's actions
(23) "Registration class" means the status of
				  a registration as either a grower, hemp breeder, or established agricultural
				  research institution.
(24) Research
				  plan" means a strategy devised by an established agricultural research
				  institution, or applicant established agricultural research institution,
				  detailing its approach to growing or cultivating hemp for academic or
				  agricultural research. Agricultural and academic purposes do not include
				  proprietary development.
(25) "THC
				  concentration" or "percentage concentration of THC" means the
				  post-decarboxylated value of the percentage of delta-9 THC content derived from
				  the sum of THC and THCA (Tetrahydrocannabinolic acid) content and reported on a
				  dry weight basis to the nearest thousandth, or three decimal places. The
				  percentage concentration of THC may be measured by using either:
(A) a suitable analytical instrumentation
				  described in Section
				  4942(b) that
				  results in the decarboxylation of THC-acid to delta-9 THC, or
(B) a calculated value using a conversion
				  formula of the percentage concentration of delta-9 THC plus eighty-seven and
				  seven tenths (87.7) percent of the percentage concentration of THC-acid when a
				  suitable analytical instrumentation described in Section
				  4942(b) does not
				  result in the decarboxylation of THC-acid to delta-9 THC.
(26) "Tissue culture" means in vitro material
				  introduced into culture from nodal cuttings at a particular time and from a
				  single plant and grown in aseptic conditions to be used as a source of
				  propagative plant material.
(27)
				  "Valid registration" means the registration is unexpired, unsuspended, and
				  unrevoked.
(28) "Variety
				  development plan" means a strategy devised by a hemp breeder, or applicant hemp
				  breeder, detailing their approach to growing and developing a new cultivar for
				  industrial hemp.