reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 2 - Cannabis Appellations Program › Article 2 - Petitions › Section 9104 - Evidence of Name Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The petition shall describe the name and history of the
					 proposed appellation of origin, including:
(a) In narrative form, an explanation of how
				  the name has been used in the geographical area covered by the proposed
				  appellation of origin, supported by evidence of name usage. The relationship of
				  the name and boundary of the proposed appellation of origin should be
				  thoroughly explained; and
(b)
				  Evidence of name usage shall conform to the following requirements:
(1) Evidence shall be appropriately
				  cross-referenced in the petition;
(2) Evidence shall demonstrate the proposed
				  name is directly associated with an area in which licensed cannabis cultivation
				  exists;
(3) Evidence to support the
				  proposed name shall come from sources independent of the petitioner;
				  and
(4) Appropriate name evidence
				  sources include but are not limited to historical and modern government or
				  commercial maps, books, newspapers, magazines, tourist and other promotional
				  materials, local business or school names, and road names.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 2 - Cannabis Appellations Program › Article 2 - Petitions › Section 9105 - Maps and Boundary Description

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The petition shall describe the area and boundary of the
					 proposed appellation of origin, including:
(a) The proposed boundary shall be depicted
				  on United States Geological Survey topographical maps and shall conform to the
				  following:
(1) The scale shall be large enough
				  to show adequate geographical detail of the proposed boundary line.
(2) The exact boundary of the appellation of
				  origin shall be prominently and clearly drawn on the maps without obscuring the
				  underlying features that define the boundary line.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 2 - Cannabis Appellations Program › Article 2 - Petitions › Section 9106 - Geographical Features

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The petition shall include:
(a) A narrative description of the
				  distinctive geographical features affecting cannabis production. Examples
				  include, but are not limited to:
(1) Climate
				  information which may include temperature, precipitation, wind, fog, solar
				  orientation and radiation;
(2)
				  Geological information which may include underlying formations, landforms, and
				  such geophysical events as earthquakes, eruptions, and major floods;
(3) Soil features which may include
				  microbiology and soil series or phases of a soil series;
(4) Physical features which may include flat,
				  hilly, or mountainous topography, geographical formations, bodies of water,
				  watersheds, and irrigation resources; and
(5) Minimum and maximum
				  elevations.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 2 - Cannabis Appellations Program › Article 2 - Petitions › Section 9107 - Standard, Practice, and Cultivar Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The petition shall identify and define at least one of each
					 of the following production requirements for the proposed appellation of
					 origin: standard, practice, and cultivar.
(a) Standard, practice, and cultivar
				  requirements shall be reviewed for clarity. To satisfy this review the
				  following conditions shall be met:
(1) The
				  standard, practice, and cultivar requirements must be reasonable and logical
				  and cannot have more than one meaning;
(2) The standard, practice, and cultivar
				  requirements cannot conflict with one another or any other information provided
				  in the petition;
(3) The meaning of
				  terms used in the standard, practice, and cultivar requirements are generally
				  familiar to other licensed cultivators;
(4) The language used for the standard,
				  practice, and cultivar requirements is correct including grammar, punctuation,
				  and spelling;
(5) The standard,
				  practice, and cultivar requirements are presented in a format that is readily
				  understandable by the public; and
(6) Licensees understand the requirements
				  necessary to qualify for use of the appellation of origin.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 2 - Cannabis Appellations Program › Article 3 - Petition Review Process › Section 9200 - Petition Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall notify the petitioner by e-mail when the petition is received.
				  A petition shall not be deemed received unless the petition submission fee is
				  submitted in full along with the petition.
(b) If the department finds that the petition
				  is complete and accepts it for further review, the department shall send a
				  notice to the petitioner requesting payment of the petition proposal fee. The
				  petitioner shall pay the petition proposal fee before the notice of proposed
				  action is issued pursuant to section
				  9201. The petitioner shall have 120
				  days from the date of the request to submit the payment to the department. If
				  the petition proposal fee is not submitted in full, the department shall notify
				  the petitioner by e-mail that the petition is abandoned and shall no longer be
				  considered by the department.
(c)
				  If the department receives the petition proposal fee in full, the department
				  shall issue notice of proposed action on the petition pursuant to Section
				  9201.
(d) If the department finds that the petition
				  is incomplete or additional information is required to make a decision on the
				  petition, the department shall notify the petitioner in writing of what
				  information the petitioner needs to provide.
(e) If the department has not received a
				  response acknowledging receipt of an appellation petition deficiency notice
				  from the petitioner within 60 days from the date on the appellation petition
				  deficiency notice, or if the petitioner fails to provide the requested
				  information within 180 days from the date on the appellation petition
				  deficiency notice, the department shall notify the petitioner by e-mail that
				  the petition is abandoned and shall no longer be considered by the
				  department.
1. New
					 article 3 (sections
					 9200-9203) and section filed
					 11-23-2021; operative 1-1-2022 (Register 2021, No. 48). Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						26063,
						Business and Professions Code. Reference: Section
						26063,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 2 - Cannabis Appellations Program › Article 3 - Petition Review Process › Section 9201 - Notice of Proposed Action on Appellation of Origin

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Following determination that a petition is complete and payment of the petition
				  proposal fee pursuant to section
				  9200 of this chapter, the
				  department shall provide public notice of proposed action to establish or amend
				  the appellation of origin. The public will have 90 days from the initial date
				  identified in the notice to provide comments on the petition. Comments shall be
				  submitted to the contact person identified in the notice and received by the
				  final day identified in the notice. The department may extend the comment
				  period in response to a request showing a reasonable basis for
				  extension.
(b) A notice of proposed
				  action on an appellation of origin shall include weblinks to:
(1) The completed petition;
(2) A map of the area described by the
				  petition; and
(3) The standard,
				  practice, and cultivar requirements identified in the
				  petition.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 2 - Cannabis Appellations Program › Article 3 - Petition Review Process › Section 9202 - Notice of Final Decision on Appellation of Origin

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall provide notice of final decision on a petition for an
				  appellation of origin (i.e. established, amended, or denied on its website and
				  by e-mail to:
(1) The petitioner;
(2) Designated responsible parties of
				  licenses issued by the department and located within the areas directly
				  impacted by the decision; and
(3)
				  Stakeholders enrolled on the department's Cannabis Appellations Program Mailing
				  List. Enrollment on to the department's Cannabis Appellations Program Mailing
				  List can be requested by any stakeholder using an electronic request form on
				  the Department of Food and Agriculture's Cannabis Appellations Program webpage
				  or by submitting a written request to the mailing address or email address
				  listed on the Cannabis Appellations Program webpage.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 2 - Cannabis Appellations Program › Article 3 - Petition Review Process › Section 9203 - Denial of Petition for Appellation of Origin

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may deny the petition for the following
					 reasons:
(a) Evidence is not
				  sufficient to demonstrate the legacy, history, reputation, and economic
				  importance of cannabis production in the proposed geographical area pursuant to
				  section 9102, subdivision (h);
(b) Evidence is not sufficient to demonstrate
				  that the proposed appellation name has been used in direct association with a
				  cannabis production area pursuant to section
				  9104, subdivisions (b)(2) through
				  (b)(4) of this chapter;
(c)
				  Evidence is not sufficient to demonstrate that the proposed geographical area
				  is distinctive with respect to the geographical features affecting cannabis
				  pursuant to section
				  9106, subdivision (b) of this
				  chapter;
(d) Proposed geographical
				  features as described are not causally-linked to the cannabis or the causal
				  links are not maintained according to the standards set forth in section
				  9106, subdivisions (c) and (d) of
				  this chapter;
(e) Proposed
				  standard, practice, and cultivar requirements do not meet the clarity, form, or
				  recordkeeping standards set forth in section
				  9107, subdivisions (a) through (e)
				  of this chapter;
(f) Amendments to
				  the appellation of origin are not consistent with the proposed geographical
				  features according to section
				  9103, subdivisions (b) through (d)
				  of this chapter; and
(g) Any other
				  reasonable cause submitted through the public comment process that the
				  department determines would preclude the appellation from being established or
				  amended.
1. New
					 section filed 11-23-2021; operative 1-1-2022 (Register 2021, No. 48). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						26063,
						Business and Professions Code. Reference: Section
						26063,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 1 - Definitions › Section 10001 - Incorporation by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following OCal guidance and instructions for registered certifying agents and
				  certified operations are incorporated by reference into this chapter:
(1) OCal 1000 Methods and Materials in OCal
				  Production, April 23, 2021
(2) OCal
				  2006 Separation of Duties in Certification Decisions, April 23, 2021
(3) OCal 2602 Recordkeeping for Certified
				  Operations, April 23, 2021
(4) OCal
				  2608 Responding to Noncompliances, April 23, 2021
(5) OCal 2609 Unannounced Inspections, April
				  23, 2021
(6) OCal 2610 Sampling
				  Procedures for OCal Cannabis Residue Testing, April 23, 2021
(7) OCal 2611 Laboratory Selection Criteria
				  for Prohibited Substance Testing, April 23, 2021
(8) OCal 2611-1 Prohibited Pesticides for
				  OCal Residue Testing, April 23, 2021
(9) OCal 2613 Responding to Results of
				  Pesticide Residue Testing, April 23, 2021
(10) OCal 2614 Technical Assistance
				  Instruction, April 23, 2021
(11)
				  OCal 2615 OCal System Plans, OCal System Plan Updates, and Notification of
				  Changes, April 23, 2021
(12) OCal
				  3012 Material Review, April 23, 2021
(13) OCal 5006 Processed Animal Manures in
				  OCal Production, April 23, 2021
(14) OCal 5008 Reassessed Inert Ingredients,
				  April 23, 2021
(15) OCal 5020
				  Natural Resources and Biodiversity Conservation, April 23, 2021
(16) OCal 5021 Compost and Vermicompost in
				  OCal Production, April 23, 2021
(17) OCal 5023 Substances Used in
				  Post-Harvest Handling of OCal Products, April 23, 2021
(18) OCal 5025 Commingling and Contamination
				  Prevention in OCal Production, April 23, 2021
(19) OCal 5026 The Use of Chlorine Materials
				  in OCal Production, April 23, 2021
(20) OCal 5029 Seeds and Planting Stock in
				  OCal Cultivation, April 23, 2021
(21) OCal 5033 Classification of Unique
				  Materials, April 23, 2021
(22) OCal
				  5033-1 Decision Tree for Classification of Materials, April 23, 2021
(23) OCal 5034 Materials for OCal Cannabis
				  Production, April 23, 2021
(24)
				  OCal 5034-1 List of Materials for Use in OCal Cannabis Production, April 23,
				  2021
(25) OCal 5034-2 List of
				  Materials Prohibited for Use in OCal Cannabis Production, April 23,
				  2021
(26) OCal 5036 Treated Lumber,
				  April 23, 2021
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 2 - Applicability › Section 10100 - Who May Certify

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  private entity or local jurisdiction shall satisfy the following criteria to
				  certify cannabis operations under the department:
(1) Be accredited by either the department
				  pursuant to sections
				  10400 through
				  10407 of this chapter or the
				  National Organic Program 7
				  CFR sections 205.500 through
				  205.510; and
(2) Be registered by the department to
				  certify under the OCal Program.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 2 - Applicability › Section 10101 - What Must be Certified

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except for operations excluded in section
				  10102 of this chapter, each
				  operation or specified portion of an operation that holds a commercial cannabis
				  license from the department or other cannabis licensing authority and produces
				  cannabis and nonmanufactured cannabis products that are intended to be sold,
				  labeled, or represented as OCal shall be certified pursuant to the provisions
				  of Article 6 of this chapter and shall meet all other applicable requirements
				  of this chapter.
(b) A cultivation
				  or distribution operation or specified portion of a cultivation or distribution
				  operation shall be deemed to be certified under this chapter on the date its
				  certifying agent receives registration under this chapter until the operation's
				  next certification anniversary date if the certifier can demonstrate the
				  operation's compliance with this chapter.
(c) Such recognition under subdivision (b)
				  shall only be available to those operations certified by a certifying agent
				  that is registered before January 1, 2022.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 2 - Applicability › Section 10102 - Exclusions from Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensed commercial cannabis operation that does not handle cannabis and
				  nonmanufactured cannabis products to be labeled, sold or represented as OCal is
				  excluded from the requirements of this chapter. These operations include:
(1) Distribution operations if
				  nonmanufactured OCal cannabis products:
(A)
				  Are received enclosed in a package or container;
(B) Remain enclosed in the same package or
				  container while under the control of the distributor, except for Bureau
				  sampling; and
(C) Are in a
				  container labeled pursuant to section
				  10301(a) of this
				  chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 2 - Applicability › Section 10103 - Use of the Terms Ocal and Organic

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  cannabis or nonmanufactured cannabis product that is sold, labeled, or
				  represented as OCal shall be produced pursuant to the requirements of this
				  chapter.
(b) No cannabis or
				  nonmanufactured cannabis product shall be advertised or labeled OCal or similar
				  terminology that leaves in doubt whether the product is being sold, labeled, or
				  represented as certified pursuant to the requirements of this
				  chapter.
(c) Cannabis operations
				  are prohibited from selling, labeling, or referring to their products as
				  organic, pursuant to section
				  26062.5
				  of the California Business and Professions Code.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code; Section
						46027, Food and Agriculture
						Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 2 - Applicability › Section 10104 - Recordkeeping by Certified Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  certified operation shall maintain records concerning the production of
				  cannabis and nonmanufactured cannabis products that are intended to be sold,
				  labeled, or represented as OCal.
(b) Such records shall:
(1) Fully disclose all activities and
				  transactions of the certified operation in enough detail as to be readily
				  understood and audited;
(2) Be
				  maintained for not less than five years beyond their creation; and
(3) Demonstrate compliance with the
				  regulations in this chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 2 - Applicability › Section 10105 - Allowed and Prohibited Substances and Methods in Ocal Production

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  be sold or labeled OCal, cannabis and nonmanufactured cannabis products shall
				  be produced without the use of:
(1) Synthetic
				  substances and ingredients, except as provided in The National List of Allowed
				  and Prohibited Substances 7
				  CFR section 205.601;
(2) Nonsynthetic substances prohibited in The
				  National List of Allowed and Prohibited Substances
				  7 CFR section
				  205.602;
(3) Substances prohibited for use on cannabis
				  as described in the Department of Cannabis Control regulations,
				  4 CCR
				  section 15719;
(4) Excluded methods;
(5) Ionizing radiation, as described in Food
				  and Drug Administration regulation,
				  21 CFR section
				  179.26; and
(6) Sewage sludge.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10200 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  operation intending to sell, label, or represent cannabis or nonmanufactured
				  cannabis products as "OCal," shall comply with the applicable provisions of
				  this chapter.
(b) Production
				  practices implemented in accordance with this chapter shall maintain or improve
				  the natural resources of the operation, including soil, water, wetlands,
				  woodlands, and wildlife, and respond to site-specific conditions by integrating
				  cultural, biological, and mechanical practices that foster cycling of
				  resources, promote ecological balance, and conserve biodiversity.
(c) A certified operation shall meet or
				  exceed all practice standards set forth in sections
				  10202 through
				  10209 of this chapter.
1. New
					 article 3 (sections
					 10200-10210) and section filed
					 7-14-2021; operative 7-14-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062,,
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10201 - Ocal System Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cultivator or distributor intending to sell, label, or represent cannabis or
				  nonmanufactured cannabis products as OCal shall develop an OCal system plan
				  that is agreed to by the cultivator or distributor and the registered
				  certifying agent.
(b) An OCal
				  system plan shall meet the requirements set forth in this chapter for OCal
				  production.
(c) A certified
				  operation shall use the practice standards set forth in sections
				  10202 through
				  10209 of this article to define and
				  implement required components of its OCal system plan. The OCal system plan
				  shall include:
(1) A description of practices
				  and procedures to be performed and maintained, including the frequency with
				  which they will be performed;
(2) A
				  list of each substance to be used as an OCal production input and material,
				  indicating its composition, source, location(s) where it will be used, and
				  documenting commercial availability, as applicable;
(A) Documentation of commercial availability
				  of OCal seeds and planting stock is not required for the first 12 months of the
				  program.
(3) A
				  description of the monitoring practices and procedures to be performed and
				  maintained, including the frequency with which they will be performed, to
				  verify that the plan is effectively implemented;
(4) A description of the recordkeeping system
				  implemented to comply with the requirements established in section
				  10104 of this chapter;
(5) A description of the management practices
				  and physical barriers established to prevent commingling of OCal and non-OCal
				  or non-organic products on a split operation and to prevent contact of OCal
				  operations and products with prohibited substances;
(6) A description of practices implemented to
				  maintain or improve the natural resources of the operation, including soil,
				  water, wetlands, woodlands, and wildlife, and respond to site-specific
				  conditions by integrating cultural, biological, and mechanical practices that
				  foster cycling of resources, promote ecological balance, and conserve
				  biodiversity. These practices may also be integrated into subdivisions (1)
				  through (5) above; and
(7)
				  Additional information deemed necessary by the registered certifying agent to
				  evaluate compliance with this chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10202 - Land Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  field or farm parcel from which harvested cannabis is intended to be sold,
				  labeled, or represented as "OCal" shall:
(1)
				  Have been managed pursuant to sections
				  10203 through
				  10206 of this chapter;
(2) Have had no prohibited substances,
				  pursuant to section
				  10105 of this chapter, applied to
				  it for a period of three years immediately preceding harvest of cannabis;
				  and
(3) Have on the operator's
				  field or farm parcel distinct, defined boundaries and buffer zones sufficient
				  in size or other features (e.g. windbreaks or a diversion ditch) to prevent the
				  unintended application of a prohibited substance to the cannabis or contact
				  with a prohibited substance applied to adjoining land that is not under organic
				  management. Split operations shall use obviously visible onsite signage to
				  identify OCal and non-OCal production areas.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10203 - Soil Fertility and Crop Nutrient Management Practice Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cultivator shall select and implement tillage and cultivation practices that
				  maintain or improve the physical, chemical, and biological condition of soil
				  and minimize soil erosion.
(b) A
				  cultivator shall manage crop nutrients and soil fertility through rotations,
				  cover crops, intercropping, alley cropping, hedgerows or the application of
				  plant and animal materials.
(c) A
				  cultivator shall manage plant and animal materials to maintain or improve soil
				  organic matter content, biological diversity, nutrient cycling, and microbial
				  activity in a manner that does not contribute to contamination of crops, soil,
				  or water by plant nutrients, pathogenic organisms, heavy metals, or residues of
				  prohibited substances. Animal and plant materials include:
(1) Raw animal manure, which shall be
				  composted unless it is:
(A) Incorporated into
				  the soil not less than 120 days prior to the harvest of cannabis whose
				  consumable portion has direct contact with the soil surface or soil particles;
				  or
(B) Incorporated into the soil
				  not less than 90 days prior to the harvest of cannabis whose consumable portion
				  does not have direct contact with the soil surface or soil
				  particles.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10204 - Seeds and Planting Stock Practice Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cultivator shall use its own OCal grown cannabis seeds and planting stock or
				  OCal seeds and planting stock from a nursery licensed by the department and
				  certified pursuant to the requirements of this chapter except under the
				  following conditions:
(1) Non-OCal grown
				  untreated seeds and planting stock may be used to produce OCal cannabis when
				  equivalent OCal grown seeds and planting stock are not commercially
				  available;
(2) Non-OCal grown seeds
				  and planting stock that have been treated with a substance allowed for use in
				  organic crop production pursuant to the National List of Allowed and Prohibited
				  Substances may be used to produce OCal cannabis when an equivalent OCal grown
				  or untreated variety is not commercially available;
(3) Non-OCal grown seeds and planting stock
				  may be used to produce an OCal crop when a temporary variance has been granted
				  in accordance with section
				  10210(d) of this
				  chapter; and
(4) Seeds and planting
				  stock treated with prohibited substances may be used to produce OCal cannabis
				  when the application of the materials is a requirement of federal or state
				  phytosanitary regulations.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10205 - Crop Rotation Practice Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cultivator shall implement a crop rotation which may include but is not limited
				  to sod, cover crops, green manure crops, and catch crops.
As applicable to the operation, crops shall:
(1) Maintain or improve soil organic matter
				  content;
(2) Provide for pest
				  management;
(3) Manage deficient or
				  excess plant nutrients; and
(4)
				  Provide erosion control.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10206 - Crop Pest, Weed, and Disease Management Practice Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cultivator shall use management practices to prevent crop pests, weeds, and
				  diseases, including but not limited to:
(1)
				  Crop rotation and soil and crop nutrient management practices, as provided for
				  in section 10203 and section
				  10205 of this chapter;
(2) Sanitation measures to remove disease
				  vectors, weed seeds, and habitat for pest organisms; and
(3) Cultural practices that enhance crop
				  health, including selection of plant species and varieties with regard to
				  suitability to site-specific conditions and resistance to prevalent pests,
				  weeds, and diseases.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10207 - Ocal Handling Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cultivator or processor may process by drying, curing, grading, trimming,
				  rolling, packaging, re-packaging, labeling, or re-labeling cannabis or
				  nonmanufactured cannabis products intended to be sold, labeled, or represented
				  as OCal.
(b) A distributor may
				  process by packaging, re-packaging, labeling, re-labeling, or rolling cannabis
				  or nonmanufactured cannabis products intended to be sold, labeled, or
				  represented as OCal.
(c) A
				  cultivator or distributor shall not use substances or methods prohibited in
				  paragraph (a) of section
				  10105 of this chapter in or on
				  cannabis or nonmanufactured cannabis products intended to be sold, labeled, or
				  represented as OCal.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10208 - Facility Pest Management Practice Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Pest prevention practices at a facility that produces OCal products may include
				  but are not limited to:
(1) Removal of pest
				  habitat, food sources, and breeding areas;
(2) Prevention of access to facilities in
				  which cannabis products are handled; and
(3) Management of environmental factors, such
				  as temperature, light, humidity, atmosphere, and air circulation, to prevent
				  pest reproduction.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10209 - Commingling and Contact with Prohibited Substance Prevention Practice Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cultivator or distributor shall implement measures necessary to prevent the
				  commingling of OCal and non-OCal cannabis and nonmanufactured cannabis products
				  and protect OCal cannabis and nonmanufactured OCal cannabis products from
				  contact with prohibited substances.
(b) The following are prohibited for use in
				  the handling of any cannabis or nonmanufactured cannabis product to be sold,
				  labeled, or represented as OCal:
(1)
				  Packaging materials, storage containers, or bins that contain a synthetic
				  fungicide, preservative, or fumigant;
(2) Use or reuse of any bag or container that
				  has been in contact with any substance in such a manner as to compromise the
				  integrity of OCal cannabis and nonmanufactured cannabis products placed in
				  those containers, unless such reusable bag or container has been thoroughly
				  cleaned and poses no risk of contact of OCal cannabis and nonmanufactured
				  cannabis products with the substance used.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 3 - Ocal Cultivation and Distribution Requirements › Section 10210 - Temporary Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department may establish temporary variances from the requirements in sections
				  10203 through
				  10208 for:
(1) A disaster for which the Governor has
				  proclaimed a state of emergency in accordance with Government Code sections
				  8558 and
				  8625, or
				  for which a local jurisdiction has proclaimed an emergency or disaster in
				  accordance with Government Code sections
				  8558 and
				  8630. For
				  the purposes of this chapter, "disaster" means the condition of extreme peril
				  to the safety of persons and property within the state or a county, city and
				  county, or city caused by conditions such as, fire, flood, storm, epidemic,
				  drought, sudden and severe energy shortage, plant or animal infestation or
				  disease, an earthquake, or similar public calamity; and
(2) Conduct of research or trials of
				  techniques, varieties, or ingredients used in OCal
				  cultivation.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 4 - Labels, Labeling, and Market Information › Section 10300 - Cannabis and Nonmanufactured Cannabis Products Labeled Ocal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Cannabis or a nonmanufactured cannabis product to be sold, labeled, or
				  represented as OCal must contain 100 percent OCal produced cannabis. The OCal
				  cannabis or nonmanufactured cannabis product shall be labeled pursuant to
				  section 10302 of this chapter.
(b) The ingredient statement of
				  nonmanufactured OCal cannabis products shall not include ingredients:
(1) produced using excluded methods, pursuant
				  to section 10105(a) of this
				  chapter;
(2) produced using
				  ionizing radiation, pursuant to section
				  10105(a)(5) of
				  this chapter; and
(3) processed
				  using sewage sludge, pursuant to section
				  10105(a)(6) of
				  this chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 4 - Labels, Labeling, and Market Information › Section 10301 - Storage and Transport of Nonretail Containers Used for Nonmanufactured Ocal Cannabis Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nonretail containers used to store or transport
					 nonmanufactured OCal cannabis products shall display on the outside of the
					 container obviously visible OCal identifiers.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 4 - Labels, Labeling, and Market Information › Section 10302 - Ocal Seal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  OCal seal described in paragraph (b) of this section may be used only for
				  cannabis products described in section
				  10300 of this chapter.
(b) The OCal seal must replicate the form and
				  design of the example in figure 1 and must be printed legibly and
				  conspicuously:
(1) On a white background and
				  with the term "OCal" ("O" in green with white cannabis flower inside "O" and
				  "Cal" in orange overlapping the "O").
(2) On a white or transparent background with
				  the term "OCal" ("O" in dark gray with white cannabis flower inside "O" and
				  "Cal" in black overlapping the "O").
Click
					 here to view image
Figure 1
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 4 - Labels, Labeling, and Market Information › Section 10303 - Registered Certifying Agent Seal, Logo, or Other Identifying Mark

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  private entity or local jurisdiction registered as a certifying agent under
				  this chapter may establish a seal, logo, or other identifying mark to be used
				  by cultivation operations certified by the registered certifying agent to
				  indicate affiliation with the registered certifying agent provided that the
				  registered certifying agent:
(1) Does not
				  require as a condition of certification use of its seal, logo, or other
				  identifying mark on any product sold, labeled, or represented as OCal;
				  and
(2) Does not require as a
				  condition of use of its identifying mark compliance with any cultivation or
				  distribution practices other than those provided for in this
				  chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10400 - Areas and Duration of Accreditation and Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall accredit or register a qualified applicant to certify cannabis
				  operations under the OCal Program.
(b) Accreditation shall be for a period of
				  five years from the date of approval of accreditation pursuant to section
				  10405 of this chapter.
(c) Registration shall be until January 1 of
				  the following year pursuant to section
				  10409 of this chapter.
1. New
					 article 5 (sections
					 10400-10412) and section filed
					 7-14-2021; operative 7-14-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10402 - Application for Accreditation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for certifying agent accreditation shall be
					 submitted by mail to the physical or email address listed on the OCal Program
					 website, or such other address as required by the department. Each application
					 shall include the following, if applicable:
(a) Business information:
(1) Legal name;
(2) Employer Identification or Taxpayer
				  Identification Number;
(3) Primary
				  office physical address, mailing address, web address, and name of the
				  person(s) responsible for the applicant's day-to-day operations and their
				  contact number(s) and email address;
(4) Subsidiary office(s) physical
				  address(es), mailing address(es), phone number(s), and a contact name(s) and
				  number(s) for each subsidiary office;
(5) Business entity structure, including, but
				  not limited to, a corporation, general partnership, joint venture, limited
				  liability company, limited liability partnership, sovereign entity, sole
				  proprietorship, not for profit corporation, and/or trust;
(6) For a local jurisdiction, a copy of the
				  official's authority to conduct certification activities under this
				  chapter;
(7) For a private entity,
				  copies of all formation documents, which may include, but are not limited to,
				  articles of incorporation, operating agreements, partnership agreements, and/or
				  fictitious business name statements. The applicant shall also provide all
				  documents filed with the California Secretary of State, which may include, but
				  are not limited to, articles of incorporation, certificates of stock, articles
				  of organization, certificates of limited partnership, and/or statements of
				  partnership authority. If the applicant is a foreign corporation, the applicant
				  shall provide a certificate of qualification issued by the California Secretary
				  of State; and
(8) Each area of
				  operation for which accreditation is requested and the estimated number of each
				  type of operation anticipated to be certified annually by the applicant along
				  with a copy of the applicant's schedule of fees for all services to be provided
				  under these regulations by the applicant.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10403 - Review of Accreditation Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall notify the applicant in writing:
(1) That the application is complete and
				  accepted for further review.
(2)
				  That the application is incomplete, the reasons for incompleteness, and the
				  date by which any missing information, fee, payment or fine (10601, 10603 or
				  10701(e)) is due.
(A) The department shall
				  receive the missing information, fee, payment, or fine from the applicant no
				  later than 30 calendar days from the date of notification from the department.
				  The application will be deemed abandoned if the missing information, fee,
				  payment, or fines is not provided within the specified timeframe.
(B) If the application is deemed abandoned,
				  the applicant may reapply and pay a new application
				  fee.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10404 - Withdrawal of Accreditation Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  applicant may withdraw an application at any time prior to the department's
				  issuance of accreditation or denial of accreditation.
(b) Requests to withdraw an application shall
				  be submitted to the department in writing, dated, and signed by the
				  applicant.
(c) The department will
				  not refund application fees for a withdrawn application.
(d) The applicant may reapply and pay a new
				  application fee at any time following the withdrawal of an
				  application.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10405 - Granting Accreditation and Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the department determines the accreditation applicant meets the requirements
				  for accreditation, pursuant to section
				  10401 of this chapter, the
				  department shall notify the accreditation applicant in writing of the
				  determination and bill the amount due. Payment shall be due 10 calendar days
				  past the date the notice was issued.
(b) Accreditation shall be granted and the
				  accredited certifying agent shall be registered when the required payment has
				  been submitted pursuant to section
				  10600 of this chapter.
(c) The department shall notify the
				  accredited certifying agent of the granting of accreditation and registration
				  in writing. The notice shall state the effective and expiration dates of
				  accreditation, the type(s) of certification for which the accreditation is
				  granted, and the registration effective and expiration dates.
(d) The accredited certifying agent shall be
				  registered pursuant to section
				  10409(e) of this
				  chapter.
(e) The accreditation
				  shall be valid for a period of five years from the effective date of
				  accreditation. The department shall grant the accredited certifying agent a
				  grace period between the accreditation date and January 1 of the following year
				  so that accreditation and registration renewals may be applied for and
				  completed concurrently. Accreditation may be renewed pursuant to section
				  10407 of this chapter unless the
				  accredited certifying agent voluntarily ceases its certification activities or
				  the accreditation is suspended or revoked pursuant to the requirements of
				  section 10703 of this chapter.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.