Section § 81000

Explanation

This section defines key terms related to California's industrial hemp program. An 'approved state plan' is a federally approved plan for California's hemp industry. The 'Board' is the Industrial Hemp Advisory Board, and 'cultivar' refers to a type of industrial hemp. 'Disposal' relates to federal regulations, while an 'established agricultural research institution' is one that conducts hemp research. A 'hemp breeder' is registered by the state to develop new hemp types. 'Industrial hemp' includes parts of the Cannabis sativa L. plant with low THC content. The 'industrial hemp program' involves growing hemp as per this division and, if applicable, the state plan. 'Measurement of uncertainty' refers to the variability in measurement results. 'Premises' aligns with business terminology, and 'THC' is a chemical compound in hemp. Lastly, a 'variety development plan' outlines a hemp breeder's strategy for creating new hemp types. This section is only valid until California's state plan is federally approved.

Definitions.
(a)CA Food And Agriculture Code § 81000(a) For purposes of this division, the following terms have the following meanings:
(1)CA Food And Agriculture Code § 81000(a)(1) “Approved state plan” means a state plan for California that is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)) and in effect.
(2)CA Food And Agriculture Code § 81000(a)(2) “Board” means the Industrial Hemp Advisory Board.
(3)CA Food And Agriculture Code § 81000(a)(3) “Cultivar” means a variety of industrial hemp.
(4)CA Food And Agriculture Code § 81000(a)(4) “Disposal” has the same meaning as defined in Section 990.1 of Title 7 of the Code of Federal Regulations.
(5)CA Food And Agriculture Code § 81000(a)(5) “Established agricultural research institution” means an institution that is either of the following:
(A)CA Food And Agriculture Code § 81000(a)(5)(A) A public or private institution or organization that maintains land or facilities for agricultural research, including colleges, universities, agricultural research centers, and conservation research centers.
(B)CA Food And Agriculture Code § 81000(a)(5)(B) 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 research conducted under an agricultural pilot program or other agricultural or academic research.
(6)CA Food And Agriculture Code § 81000(a)(6) “Hemp breeder” means an individual or a public or private institution or organization that is registered with the commissioner to develop cultivars intended for sale or research.
(7)CA Food And Agriculture Code § 81000(a)(7) “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 delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.
(8)CA Food And Agriculture Code § 81000(a)(8) “Industrial hemp program” means growth of industrial hemp pursuant to this division and, if in effect, an approved state plan.
(9)CA Food And Agriculture Code § 81000(a)(9) “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.
(10)CA Food And Agriculture Code § 81000(a)(10) “Premises” has the same meaning as defined in subdivision (ap) of Section 26001 of the Business and Professions Code.
(11)CA Food And Agriculture Code § 81000(a)(11) “THC” means delta-9 tetrahydrocannabinol.
(12)CA Food And Agriculture Code § 81000(a)(12) “Variety development plan” means a strategy devised by a hemp breeder, or applicant hemp breeder, detailing their planned approach to growing and developing a new cultivar for industrial hemp.
(b)CA Food And Agriculture Code § 81000(b) This section shall remain operative only until the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), and as of January 1 of the following year is repealed.

Section § 81000

Explanation

This section defines key terms related to industrial hemp in California. An approved state plan refers to California's compliance with federal guidelines for hemp production. The Industrial Hemp Advisory Board, or 'Board', oversees hemp-related activities. A 'cultivar' is a specific variety of hemp. Hemp breeders are registered entities developing new hemp types. Industrial hemp includes parts of the Cannabis sativa plant with very low THC levels. Institutions growing hemp for research are known as established agricultural research institutions. Terms like 'premises', 'disposal', 'THC', and plans for research or variety development are specifically defined to guide operations under this law. The law becomes active once California's state plan is federally approved.

Definitions.
(a)CA Food And Agriculture Code § 81000(a) For purposes of this division, the following terms have the following meanings:
(1)CA Food And Agriculture Code § 81000(a)(1) “Approved state plan” means a state plan for California that is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)) and in effect.
(2)CA Food And Agriculture Code § 81000(a)(2) “Board” means the Industrial Hemp Advisory Board.
(3)CA Food And Agriculture Code § 81000(a)(3) “Cultivar” means a variety of industrial hemp.
(4)CA Food And Agriculture Code § 81000(a)(4) “Disposal” has the same meaning as defined in Section 990.1 of Title 7 of the Code of Federal Regulations.
(5)CA Food And Agriculture Code § 81000(a)(5) “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.
(6)CA Food And Agriculture Code § 81000(a)(6) “Hemp breeder” means an individual or a public or private institution or organization that is registered with the commissioner to develop cultivars intended for sale or research.
(7)CA Food And Agriculture Code § 81000(a)(7) “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 delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.
(8)CA Food And Agriculture Code § 81000(a)(8) “Industrial hemp program” means growth of industrial hemp pursuant to this division and, if in effect, an approved state plan.
(9)CA Food And Agriculture Code § 81000(a)(9) “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.
(10)CA Food And Agriculture Code § 81000(a)(10) “Premises” has the same meaning as defined in subdivision (ap) of Section 26001 of the Business and Professions Code.
(11)CA Food And Agriculture Code § 81000(a)(11) “Research plan” means a strategy devised by an established agricultural research institution, or applicant established agricultural research institution, detailing its planned approach to growing or cultivating hemp for academic or agricultural research.
(12)CA Food And Agriculture Code § 81000(a)(12) “THC” means delta-9 tetrahydrocannabinol.
(13)CA Food And Agriculture Code § 81000(a)(13) “Variety development plan” means a strategy devised by a hemp breeder, or applicant hemp breeder, detailing their planned approach to growing and developing a new cultivar for industrial hemp.
(b)CA Food And Agriculture Code § 81000(b) This section shall become operative as of the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)).

Section § 81001

Explanation

This law establishes the Industrial Hemp Advisory Board in California's Department of Agriculture, consisting of 13 members appointed by the secretary. The board includes industrial hemp growers, agricultural research institution members, a representative from the California State Sheriffs' Association, a county agricultural commissioner, business representatives selling hemp products, and a public member.

The board members are expected to represent the interests of the hemp industry and are subject to conflict-of-interest rules. Board members serve three-year terms without salary but may be reimbursed for meeting-related expenses.

The board advises the secretary on issues like hemp seed laws, regulations, enforcement, budgets, and other related matters. It elects a chair annually and can meet as needed, but must meet at least once a year to discuss financial matters.

(a)CA Food And Agriculture Code § 81001(a) There is in the department an Industrial Hemp Advisory Board. The board shall consist of 13 members, appointed by the secretary as follows:
(1)CA Food And Agriculture Code § 81001(a)(1) Six of the board members shall be growers of industrial hemp that are registered pursuant to the provisions of this division.
(2)CA Food And Agriculture Code § 81001(a)(2) Two of the board members shall be members of an established agricultural research institution.
(3)CA Food And Agriculture Code § 81001(a)(3) One member of the board shall be a representative as provided by the California State Sheriffs’ Association and approved by the secretary.
(4)CA Food And Agriculture Code § 81001(a)(4) One member of the board shall be a county agricultural commissioner.
(5)CA Food And Agriculture Code § 81001(a)(5) Two members of the board shall be representatives of businesses that sell industrial hemp products.
(6)CA Food And Agriculture Code § 81001(a)(6) One member of the board shall be a member of the public.
(b)CA Food And Agriculture Code § 81001(b) It is hereby declared, as a matter of legislative determination, that growers and representatives of industrial hemp product manufacturers and businesses appointed to the board pursuant to this division are intended to represent and further the interest of a particular agricultural industry, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that persons who are appointed to the board shall be subject to the conflict-of-interest provisions described in Sections 87100 and 87103 of the Government Code.
(c)CA Food And Agriculture Code § 81001(c) The term of office for a member of the board is three years. If a vacancy exists, the secretary shall, consistent with the membership requirements described in subdivision (a), appoint a replacement member to the board for the duration of the term.
(d)CA Food And Agriculture Code § 81001(d) A member of the board shall not receive a salary but may be reimbursed by the department for attendance at meetings and other board activities authorized by the board and approved by the secretary.
(e)CA Food And Agriculture Code § 81001(e) The board shall advise the secretary and may make recommendations on all matters pertaining to this division, including, but not limited to, industrial hemp seed law and regulations, enforcement, annual budgets required to accomplish the purposes of this division, and the setting of an appropriate assessment rate necessary for the administration of this division.
(f)CA Food And Agriculture Code § 81001(f) The board shall annually elect a chair from its membership and, from time to time, other officers as it deems necessary.
(g)CA Food And Agriculture Code § 81001(g) The board shall meet at the call of its chair or the secretary, or at the request of any four members of the board. The board shall meet at least once a year to review budget proposals and fiscal matters related to the proposals.

Section § 81002

Explanation

This law outlines rules for growing industrial hemp in California. Generally, farmers must use only approved varieties of hemp unless they are a registered research institution or breeder. The approved list includes varieties certified by certain organizations like the Association of Official Seed Certifying Agencies or those certified in California.

The California Department of Food and Agriculture can update this list by adding or removing varieties, and this process doesn't follow the usual bureaucratic rules. They will consult with a board and hold public hearings to decide how new varieties are added or removed from the list. The method and procedure for these updates are documented and shared publicly.

(a)CA Food And Agriculture Code § 81002(a) Except when grown by a registered established agricultural research institution or by a registered hemp breeder developing a new cultivar, industrial hemp shall be grown only if it is on the list of approved cultivars, or produced by clonal propagation of industrial hemp that is on the list of approved cultivars.
(b)CA Food And Agriculture Code § 81002(b) The list of approved cultivars shall include all of the following:
(1)CA Food And Agriculture Code § 81002(b)(1) Industrial hemp cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association.
(2)CA Food And Agriculture Code § 81002(b)(2) Industrial hemp cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3)CA Food And Agriculture Code § 81002(b)(3) California varieties of industrial hemp cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)Copy CA Food And Agriculture Code § 81002(c)
(1)Copy CA Food And Agriculture Code § 81002(c)(1) Upon recommendation by the board or the department, the secretary may update the list of approved cultivars by adding, amending, or removing cultivars.
(2)CA Food And Agriculture Code § 81002(c)(2) The adoption, amendment, or repeal of the list of approved cultivars, and the adoption of a methodology and procedure to add, amend, or remove a cultivar from the list of approved cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(3)CA Food And Agriculture Code § 81002(c)(3) The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a cultivar is added, amended, or removed from the list of approved cultivars.
(4)CA Food And Agriculture Code § 81002(c)(4) The department shall finalize the methodology and procedure to add, amend, or remove a cultivar from the list of approved cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)CA Food And Agriculture Code § 81002(c)(4)(A) Indicate that the methodology and procedure are adopted pursuant to this division.
(B)CA Food And Agriculture Code § 81002(c)(4)(B) State that the methodology and procedure are being transmitted for filing.
(C)CA Food And Agriculture Code § 81002(c)(4)(C) Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)CA Food And Agriculture Code § 81002(d) The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved cultivars, and any addition, amendment, or removal from that list.

Section § 81003

Explanation

Before growing industrial hemp in California, you need to register with the county commissioner where you plan to cultivate. Your application must include your personal and location details, the land's map and GPS coordinates, and the type of hemp you're growing, along with a fee. Registration is valid for a year, and you must renew it annually.

If you want to change where you grow or store hemp, or the type of hemp, update your registration before making changes. The county will inform you when you can proceed. All collected data is shared with the state's department and the USDA within specified time frames, and must be kept on file for at least three years.

(a)Copy CA Food And Agriculture Code § 81003(a)
(1)Copy CA Food And Agriculture Code § 81003(a)(1) Except for an established agricultural research institution subject to Section 81004.5 or a hemp breeder subject to Section 81004, and before cultivation, a grower of industrial hemp shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(2)CA Food And Agriculture Code § 81003(a)(2) The application shall include all of the following:
(A)CA Food And Agriculture Code § 81003(a)(2)(A) The name, physical address, and mailing address of the applicant.
(B)CA Food And Agriculture Code § 81003(a)(2)(B) The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)CA Food And Agriculture Code § 81003(a)(2)(C) The approved cultivar to be grown, including the state or country of origin.
(3)CA Food And Agriculture Code § 81003(a)(3) The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(4)CA Food And Agriculture Code § 81003(a)(4) A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew the registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)CA Food And Agriculture Code § 81003(b) If the commissioner determines that the requirements for registration pursuant to this division are met and that the applicant is eligible to participate in the industrial hemp program, in accordance with Sections 81012 to 81014, inclusive, the commissioner shall issue a registration to the applicant.
(c)CA Food And Agriculture Code § 81003(c) A registrant that wishes to change or alter the land area on which the registrant conducts industrial hemp cultivation or storage, or both, shall, before any alteration or change, submit to the commissioner an updated registration with the legal description, Global Positioning System coordinates, and map specifying the proposed land change or alteration. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate industrial hemp on the changed or altered land area.
(d)CA Food And Agriculture Code § 81003(d) A registrant that wishes to change the cultivar grown shall submit to the commissioner the name of the new, approved cultivar to be grown. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate the new cultivar.
(e)Copy CA Food And Agriculture Code § 81003(e)
(1)Copy CA Food And Agriculture Code § 81003(e)(1) The commissioner shall transmit information collected under this section to the department no more than 10 business days after the date on which it is collected or the date of a change in registration status occurred.
(2)CA Food And Agriculture Code § 81003(e)(2) The department shall submit the information described in paragraph (a) of Section 990.70 of Title 7 of the Code of Federal Regulations to the United States Department of Agriculture no more than 30 business days after the date on which it is collected or the date of a change in registration status occurred.
(f)CA Food And Agriculture Code § 81003(f) The department and the commissioner shall retain information collected under this section for at least three years after collecting or receiving it.

Section § 81004

Explanation

Before growing industrial hemp, breeders must register with their local county commissioner unless they are an established research institution. The application needs to include details about the applicant and the land where hemp will be cultivated, along with a plan for developing hemp varieties. This plan should explain how new varieties will be certified, include testing procedures, and detail measures for handling plants with high THC levels. Registrations last one year and need renewal with a fee.

If there are changes to the land or cultivar, breeders must notify the commissioner and update their registration. Breeders must keep all records about their variety development plan and make them available for inspection.

The commissioner reports this information to the state department quickly, and the state forwards relevant details to the USDA. Information collected must be kept for at least three years.

(a)Copy CA Food And Agriculture Code § 81004(a)
(1)Copy CA Food And Agriculture Code § 81004(a)(1) Except when grown by an established agricultural research institution subject to Section 81004.5, and before cultivation, a hemp breeder shall register with the commissioner of the county in which the hemp breeder intends to engage in industrial hemp cultivation.
(2)CA Food And Agriculture Code § 81004(a)(2) The application shall include all of the following:
(A)CA Food And Agriculture Code § 81004(a)(2)(A) The name, physical address, and mailing address of the applicant.
(B)CA Food And Agriculture Code § 81004(a)(2)(B) The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)CA Food And Agriculture Code § 81004(a)(2)(C) A variety development plan, which shall include all of the following:
(i)CA Food And Agriculture Code § 81004(a)(2)(C)(i) If a new cultivar is to be certified by a seed-certifying agency, the name of the seed-certifying agency that will be conducting the certification.
(ii)CA Food And Agriculture Code § 81004(a)(2)(C)(ii) The industrial hemp varieties that will be used and, if applicable, how those varieties will be used in the development of a new cultivar.
(iii)CA Food And Agriculture Code § 81004(a)(2)(C)(iii) A plan for testing a representative sample of the plants grown.
(iv)CA Food And Agriculture Code § 81004(a)(2)(C)(iv) The measures that will be taken to destroy or dispose of any plants with THC concentrations that test above 0.3 percent.
(v)CA Food And Agriculture Code § 81004(a)(2)(C)(v) The measures that will be taken to prevent the unlawful use of industrial hemp under this division.
(vi)CA Food And Agriculture Code § 81004(a)(2)(C)(vi) A procedure for the maintenance of records documenting the development of the new cultivar.
(3)CA Food And Agriculture Code § 81004(a)(3) The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(4)CA Food And Agriculture Code § 81004(a)(4) A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)CA Food And Agriculture Code § 81004(b) If the commissioner determines that the requirements for registration pursuant to this division are met and that the applicant is eligible to participate in the industrial hemp program, in accordance with Sections 81012 to 81014, inclusive, the commissioner shall issue a hemp breeder registration to the applicant.
(c)CA Food And Agriculture Code § 81004(c) A registrant that wishes to change or alter the land area on which the registrant conducts industrial hemp cultivation or storage, or both, shall, before any alteration or change, submit to the commissioner an updated registration with the legal description, Global Positioning System coordinates, and map specifying the proposed land change or alteration. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate industrial hemp on the changed or altered land area.
(d)CA Food And Agriculture Code § 81004(d) A registrant that wishes to change the cultivar grown shall submit to the commissioner the name of the new, approved cultivar to be grown. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate the new cultivar.
(e)CA Food And Agriculture Code § 81004(e) A registrant developing a new cultivar who wishes to change any provision of the variety development plan shall submit to the commissioner the revised variety development plan. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that the registrant may cultivate under the revised variety development plan.
(f)CA Food And Agriculture Code § 81004(f) All records pertaining to the variety development plan shall be kept and maintained by the hemp breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agency.
(g)Copy CA Food And Agriculture Code § 81004(g)
(1)Copy CA Food And Agriculture Code § 81004(g)(1) The commissioner shall transmit information collected under this section to the department no more than 10 business days after the date on which it is collected or the date of a change in registration status occurred.
(2)CA Food And Agriculture Code § 81004(g)(2) The department shall submit the information described in paragraph (a) of Section 990.70 of Title 7 of the Code of Federal Regulations to the United States Department of Agriculture no more than 30 business days after the date on which it is collected or the date of a change in registration status occurred.
(h)CA Food And Agriculture Code § 81004(h) The department and the commissioner shall retain information collected under this section for at least three years after collecting or receiving it.

Section § 81004.5

Explanation

If you're an agricultural research institution in California and you want to grow hemp for research, you must first register with the local county. Your application must include your contact info, a detailed map of where you'll grow or store hemp, a research plan, and how you plan to handle hemp that exceeds legal THC levels. Registration lasts one year, and any changes to your research area or plan need to be updated with the county. The county then checks everything and notifies you if you're good to go. Records of your research must be maintained and accessible to officials. The local county and state department have specific timelines to share and retain this registration information with federal authorities. The law becomes active when California's state plan gets federal approval.

(a)Copy CA Food And Agriculture Code § 81004.5(a)
(1)Copy CA Food And Agriculture Code § 81004.5(a)(1) Before cultivating hemp for agricultural or academic research, an established agricultural research institution shall register with the commissioner of the county in which it intends to cultivate.
(2)CA Food And Agriculture Code § 81004.5(a)(2) The registration application shall include all of the following:
(A)CA Food And Agriculture Code § 81004.5(a)(2)(A) The name, physical address, and mailing address of the applicant.
(B)CA Food And Agriculture Code § 81004.5(a)(2)(B) The legal description, Global Positioning System coordinates, and map of the geographic area where the applicant plans to engage in hemp cultivation or storage, or both.
(C)CA Food And Agriculture Code § 81004.5(a)(2)(C) A research plan that shall include all of the following:
(i)CA Food And Agriculture Code § 81004.5(a)(2)(C)(i) The hemp varieties that will be used and, if applicable, how those varieties will be used for purposes of agricultural or academic research.
(ii)CA Food And Agriculture Code § 81004.5(a)(2)(C)(ii) A plan for testing a representative sample of the plants cultivated.
(iii)CA Food And Agriculture Code § 81004.5(a)(2)(C)(iii) The measures that will be taken to destroy or dispose of any plants with THC concentrations that test above 0.3 percent.
(iv)CA Food And Agriculture Code § 81004.5(a)(2)(C)(iv) A procedure for the maintenance of records documenting the agricultural or academic research.
(3)CA Food And Agriculture Code § 81004.5(a)(3) A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew its registration if it will continue cultivating hemp beyond that term.
(b)CA Food And Agriculture Code § 81004.5(b) If the commissioner determines that the requirements for registration pursuant to this division are met and that the applicant is eligible to participate in the hemp program, in accordance with Sections 81012 to 81014, inclusive, the commissioner shall issue an established agricultural research institution registration to the applicant.
(c)CA Food And Agriculture Code § 81004.5(c) A registrant that wishes to change or alter the land area on which the registrant conducts hemp cultivation or storage, or both, shall, before any alteration or change, submit to the commissioner an updated registration with the legal description, Global Positioning System coordinates, and map specifying the proposed land change or alteration. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate hemp on the changed or altered land area.
(d)CA Food And Agriculture Code § 81004.5(d) A registrant conducting agricultural or academic research who wishes to change any provision of the research plan shall submit to the commissioner a revised research plan. Once the commissioner has received the revised research plan, and the commissioner determines that the requirements of this division are met, the commissioner shall notify the registrant that it may cultivate under the revised research plan.
(e)CA Food And Agriculture Code § 81004.5(e) All records pertaining to the research plan shall be kept and maintained by the established agricultural research institution and be available upon request by the commissioner or a law enforcement agency.
(f)Copy CA Food And Agriculture Code § 81004.5(f)
(1)Copy CA Food And Agriculture Code § 81004.5(f)(1) The commissioner shall transmit information collected under this section to the department no more than 10 business days after the date on which it is collected or the date of a change in registration status occurred.
(2)CA Food And Agriculture Code § 81004.5(f)(2) The department shall submit the information described in paragraph (a) of Section 990.70 of Title 7 of the Code of Federal Regulations to the United States Department of Agriculture no more than 30 business days after the date on which it is collected or the date of a change in registration status occurred.
(g)CA Food And Agriculture Code § 81004.5(g) The department and the commissioner shall retain information collected under this section for at least three years after collecting or receiving it.
(h)CA Food And Agriculture Code § 81004.5(h) This section shall become operative as of the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)).

Section § 81004.6

Explanation

This law requires every registered agricultural research institution, industrial hemp grower, and hemp breeder in California to report their hemp production details to the Farm Service Agency of the USDA. They need to provide the street address and if possible, the exact geospatial location for each hemp production site within the state.

Also, they must report the acreage or square footage used for hemp production at each location, along with the corresponding license or registration number for those sites.

Each registered established agricultural research institution, registered grower of industrial hemp, and registered hemp breeder shall report on its hemp production in the state and any changes to the location where it will produce hemp to the Farm Service Agency of the United States Department of Agriculture and shall provide, at minimum, all of the following information:
(a)CA Food And Agriculture Code § 81004.6(a) Street address and, to the extent practicable, geospatial location of the lot, parcel, greenhouse, building, or site of all locations in the state where hemp will be produced.
(b)CA Food And Agriculture Code § 81004.6(b) The acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp, for each location in the state where hemp will be produced.
(c)CA Food And Agriculture Code § 81004.6(c) The license or registration number associated with each location in the state where hemp will be produced.

Section § 81005

Explanation

This law section outlines the fees that must be paid by growers of industrial hemp and hemp breeders for registration and renewal. It excludes established agricultural research institutions from these fees. The fees are intended to cover the costs of implementing, managing, and enforcing hemp regulations.

Counties can also establish their own fees to cover costs involved in these processes if they're not already covered by the state-collected fees. The collected fees are mainly forwarded to the state's Department of Food and Agriculture but a portion can be retained to cover local collection costs.

(a)CA Food And Agriculture Code § 81005(a) The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp and hemp breeders, not including an established agricultural research institution, to cover the actual costs of implementing, administering, and enforcing the provisions of this division.
(b)CA Food And Agriculture Code § 81005(b) Fees established pursuant to subdivision (a) that are collected by the commissioners upon registration or renewal pursuant to Section 81003 or 81004, except for amounts retained pursuant to this subdivision, shall be forwarded, according to procedures set by the department, to the department for deposit into the Department of Food and Agriculture Fund to be used for the administration and enforcement of this division. A commissioner or the county, as appropriate, may retain the amount of a fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
(c)CA Food And Agriculture Code § 81005(c) The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate.

Section § 81006

Explanation

This law outlines specific regulations for the cultivation of industrial hemp. First, it must be grown in plots of at least one-tenth of an acre, unless it is managed by registered research institutions or breeders. All hemp plots require signage, and clandestine growing is prohibited. Furthermore, hemp and cannabis can't be cultivated on the same premises without designated permissions.

Importantly, hemp must undergo laboratory testing before harvesting to ensure THC levels do not exceed 0.3%. Testing involves sampling with specific procedures, and if THC is under 0.3%, the crop is labeled as industrial hemp. If THC measures above 1%, the hemp must be destroyed. Those cultivating hemp correctly won't be prosecuted, even if THC is above the limit but under 1%.

Special rules apply for research institutions and breeders. They can grow hemp with THC over 0.3% if it contributes to developing compliant hemp. Documentation from test results must be retained for two years and shared upon request with officials or purchasers.

Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)CA Food And Agriculture Code § 81006(a) Except when grown by a registered established agricultural research institution or a registered hemp breeder, industrial hemp shall be grown in acreages of not less than one-tenth of an acre at the same time.
(b)CA Food And Agriculture Code § 81006(b) Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)CA Food And Agriculture Code § 81006(c) Industrial hemp shall not be cultivated on a premises licensed by the Department of Cannabis Control to cultivate or process cannabis. Industrial hemp, regardless of its THC content, that is cultivated on a premises licensed by the Department of Cannabis Control for cannabis cultivation shall be considered cannabis as defined in Section 26001 of the Business and Professions Code and subject to licensing and regulatory requirements for cannabis pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.
(d)CA Food And Agriculture Code § 81006(d) Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(e)Copy CA Food And Agriculture Code § 81006(e)
(1)Copy CA Food And Agriculture Code § 81006(e)(1) Except when industrial hemp is grown by a registered established agricultural research institution and tested in accordance with an approved research plan or by a registered hemp breeder and tested in accordance with an approved variety development plan, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(2)CA Food And Agriculture Code § 81006(e)(2) Sampling shall occur within the timeframe established by the department.
(3)CA Food And Agriculture Code § 81006(e)(3) The sample collected for THC testing shall be taken with the grower or hemp breeder present. The department shall establish, by regulation, the sampling procedures, including all of the following:
(A)CA Food And Agriculture Code § 81006(e)(3)(A) The number of plants to be sampled per field, and any compositing of samples.
(B)CA Food And Agriculture Code § 81006(e)(3)(B) The portions of the plant to be sampled.
(C)CA Food And Agriculture Code § 81006(e)(3)(C) The plant parts to be included in a sample.
(D)CA Food And Agriculture Code § 81006(e)(3)(D) Additional procedures as necessary to ensure accuracy and the sanitation of samples and fields.
(4)CA Food And Agriculture Code § 81006(e)(4) The sample collected for THC testing shall be accompanied by the registrant’s proof of registration.
(5)CA Food And Agriculture Code § 81006(e)(5) The laboratory test report shall be issued by a laboratory approved by the department, using a department-approved testing method. The testing method shall use postdecarboxylation or similarly reliable methods for determining THC concentration levels. The laboratory test report shall indicate the percentage concentration of THC on a dry-weight basis, indicate the date and location of samples taken, and state the Global Positioning System coordinates and total acreage of the crop. If the laboratory test report indicates a percentage concentration of THC that is equal to or less than 0.3 percent, the words “PASSED AS CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage concentration of THC that is greater than 0.3 percent, the words “FAILED AS CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the top of the laboratory test report. The laboratory test report shall also include an estimate of the measurement of uncertainty associated with the test results. A laboratory shall use appropriate, validated methods and procedures for all testing activities and estimates of the measurement of uncertainty.
(6)CA Food And Agriculture Code § 81006(e)(6) If the laboratory test report indicates a percentage concentration of THC that is equal to or less than 0.3 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(7)CA Food And Agriculture Code § 81006(e)(7) If the laboratory test report indicates a percentage concentration of THC that is greater than 0.3 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(8)CA Food And Agriculture Code § 81006(e)(8) A registrant that grows industrial hemp shall destroy or dispose of the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage concentration of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (7) indicating a percentage concentration of THC that exceeds 0.3 percent but is less than 1 percent. If the percentage concentration of THC exceeds 1 percent, the destruction or disposal shall begin within 48 hours, and be completed within seven days, after receipt of the laboratory test report. If the percentage concentration of THC in the second laboratory test report exceeds 0.3 percent but is less than 1 percent, the destruction or disposal shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(9)CA Food And Agriculture Code § 81006(e)(9) A registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage concentration of THC that is greater than 0.3 percent but does not exceed 1 percent.
(10)CA Food And Agriculture Code § 81006(e)(10) A registered established agricultural research institution or a registered hemp breeder shall obtain laboratory results in accordance with its approved research plan or variety development plan. The secretary may authorize a registered established agricultural research institution or hemp breeder to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage concentration of THC that is greater than 0.3 percent in accordance with its approved research plan or variety development plan if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the 0.3 percent THC limit established in this division.
(11)CA Food And Agriculture Code § 81006(e)(11) A registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.

Section § 81007

Explanation

This law allows a department in California to start an agricultural pilot program as part of a registration system. The program should adhere to a federal law from 2014 aimed at agricultural innovation.

This section of the law will only be active until California's own agricultural plan is approved under a more recent 2018 federal law. Once approved, this section will be repealed the following January.

(a)CA Food And Agriculture Code § 81007(a) As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
(b)CA Food And Agriculture Code § 81007(b) This section shall remain operative only until the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), and as of January 1 of the following year is repealed.

Section § 81009

Explanation

By January 1, 2019, or five years after federal authorization, a board, working with the Hemp Industries Association, must report on industrial hemp in California. The report goes to the Assembly and Senate Committees on Agriculture and Public Safety.

The report needs to cover the economic effects of hemp farming and manufacturing in California. It should also compare these impacts with other states where hemp farming might be allowed.

Not later than January 1, 2019, or five years after the provisions of this division are authorized under federal law, whichever is later, the board, in consultation with the Hemp Industries Association, or its successor industry association, shall report the following to the Assembly and Senate Committees on Agriculture and the Assembly and Senate Committees on Public Safety:
(a)CA Food And Agriculture Code § 81009(a) The economic impacts of industrial hemp cultivation, processing, and product manufacturing in California.
(b)CA Food And Agriculture Code § 81009(b) The economic impacts of industrial hemp cultivation, processing, and product manufacturing in other states that may have permitted industrial hemp cultivation.

Section § 81010

Explanation

This regulation, along with Section 221, started being in effect from January 1, 2017.

This division, and Section 221 shall become operative on January 1, 2017.

Section § 81011

Explanation

Before growing industrial hemp, research institutions must give the GPS coordinates of their cultivation site to the county's agricultural commissioner.

This rule is only temporary and will stop being effective once California's state hemp plan gets approved under certain federal laws. After approval, this law section will be repealed the next January 1st.

(a)CA Food And Agriculture Code § 81011(a) Before cultivating industrial hemp, an established agricultural research institution shall provide the Global Positioning System coordinates of the planned cultivation site to the commissioner of the county in which the site is located.
(b)CA Food And Agriculture Code § 81011(b) This section shall remain operative only until the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), and as of January 1 of the following year is repealed.

Section § 81012

Explanation

This law outlines the enforcement procedures for California's state plan related to the cultivation of industrial hemp. Growers, research institutions, and breeders must comply with federal guidelines, including providing legal land descriptions, registering properly, and staying within THC limits (0.3%). If they negligently violate rules, they must follow a corrective plan or face a five-year program ban after three violations. Intentional or severe violations require reporting to federal and state Attorney Generals. The law takes effect only after the state plan is federally approved.

(a)CA Food And Agriculture Code § 81012(a) Enforcement of the approved state plan shall comply with Section 297B(e) of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)).
(b)CA Food And Agriculture Code § 81012(b) A grower of industrial hemp, established agricultural research institution, or hemp breeder that the secretary determines has violated a provision of this division listed in the approved state plan or an additional requirement listed pursuant to subdivision (b) of Section 81015, including, but not limited to, by failing to provide a legal description of the land on which industrial hemp is grown, failing to register as required, or exceeding the 0.3 percent THC limit established in this division, shall be subject to the following consequences:
(1)CA Food And Agriculture Code § 81012(b)(1) For a negligent violation, as determined by the secretary, the consequences under state laws for a violation of this division shall be as follows:
(A)CA Food And Agriculture Code § 81012(b)(1)(A) If the violation is not a repeat violation subject to subparagraph (B), the grower of industrial hemp, established agricultural research institution, or hemp breeder shall comply with a corrective action plan, to be established by the secretary, that includes both of the following:
(i)CA Food And Agriculture Code § 81012(b)(1)(A)(i) A reasonable date by which the grower of industrial hemp, established agricultural research institution, or hemp breeder shall correct the negligent violation.
(ii)CA Food And Agriculture Code § 81012(b)(1)(A)(ii) A requirement that the grower of industrial hemp, established agricultural research institution, or hemp breeder shall periodically report to the secretary, for a period of at least the next two calendar years, on its compliance with this division or the approved state plan.
(B)CA Food And Agriculture Code § 81012(b)(1)(B) A grower of industrial hemp, established agricultural research institution, or hemp breeder that commits a negligent violation three times in a five-year period shall be ineligible to participate in the industrial hemp program for a period of five years beginning on the date of the finding of the third violation.
(C)CA Food And Agriculture Code § 81012(b)(1)(C) A grower of industrial hemp, established agricultural research institution, or hemp breeder shall not, as a result of a negligent violation, be subject to any criminal enforcement action by the state or a local government.
(2)CA Food And Agriculture Code § 81012(b)(2) For a violation committed intentionally, or with recklessness or gross negligence, the secretary shall immediately report the grower of industrial hemp, established agricultural research institution, or hemp breeder to the Attorney General of the United States and the Attorney General of this state, as applicable.
(c)CA Food And Agriculture Code § 81012(c) This section shall become operative as of the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)).

Section § 81013

Explanation

If someone is convicted of a felony involving controlled substances, they cannot join the industrial hemp program for 10 years after the conviction date. This rule applies to any convictions happening before, on, or after January 1, 2020.

Any person convicted of a felony relating to a controlled substance under state or federal law before, on, or after January 1, 2020, shall be ineligible, during the 10-year period following the date of the conviction, to participate in the industrial hemp program.

Section § 81014

Explanation

If someone knowingly gives false information on applications related to the industrial hemp program, they cannot take part in the program.

A person that materially falsifies any information contained in an application or registration under Section 81003 or 81004, or other application to participate in the industrial hemp program, shall be ineligible to participate in the industrial hemp program.

Section § 81015

Explanation

This law section requires California's Secretary, in consultation with the Governor and the Attorney General, to create and submit a plan to the U.S. Secretary of Agriculture by May 1, 2020. The plan must comply with federal requirements under the Agricultural Marketing Act of 1946 and confirm that the state can implement the necessary agricultural practices and procedures. The Secretary must also add an annex listing the included state plan provisions and any extra enforcement requirements.

(a)CA Food And Agriculture Code § 81015(a) On or before May 1, 2020, the secretary, in consultation with the Governor and the Attorney General, shall develop and submit to the United States Secretary of Agriculture a state plan, consistent with this division, pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), including a certification that the state has the resources and personnel to carry out the practices and procedures described in clauses (i) to (iv), inclusive, of subparagraph (A) of paragraph (2) of subsection (a) of that section.
(b)CA Food And Agriculture Code § 81015(b) In an annex to the state plan, the secretary shall list the provisions of this division that are included in the state plan, and any additional requirements in the state plan, that shall be subject to enforcement pursuant to Section 81012.