2020 California Code
Food and Agricultural Code - FAC
DIVISION 24 - INDUSTRIAL HEMP
Section 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) The application shall include all of the following:
(A) The name, physical address, and mailing address of the applicant.
(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) A variety development plan, which shall include all of the following:
(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) 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) A plan for testing all of the plants grown.
(iv) The measures that will be taken to destroy any plants with THC concentrations that test above 0.3 percent.
(v) The measures that will be taken to prevent the unlawful use of industrial hemp under this division.
(vi) A procedure for the maintenance of records documenting the development of the new cultivar.
(3) The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(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) 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) 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) 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) 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) 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) (1) The commissioner shall transmit information collected under this section to the department.
(2) The following information shall be transmitted by the commissioner to the department no more than 10 business days, and submitted by the department to the United States Department of Agriculture no more than 30 business days, after the date on which it is collected, or, in the case of subparagraph (C), the date of a change in registration status:
(A) Contact information for each hemp breeder.
(B) A legal description of the land on which the hemp breeder engages in industrial hemp cultivation.
(C) Registration status of the hemp breeder.
(h) The department and the commissioner shall retain information collected under this section for at least three years after collecting or receiving it.
(Amended by Stats. 2019, Ch. 838, Sec. 7. (SB 153) Effective January 1, 2020.)
