2021 California Code
Food and Agricultural Code - FAC
DIVISION 24 - INDUSTRIAL HEMP
(a) For purposes of this division, the following terms have the following meanings:
(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) “Board” means the Industrial Hemp Advisory Board.
(3) “Cultivar” means a variety of industrial hemp.
(4) “Disposal” has the same meaning as defined in Section 990.1 of Title 7 of the Code of Federal Regulations.
(5) “Established agricultural research institution” means an institution that is either of the following:
(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) 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) “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) “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) “Industrial hemp program” means growth of industrial hemp pursuant to this division and, if in effect, an approved state plan.
(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) “Premises” has the same meaning as defined in subdivision (ap) of Section 26001 of the Business and Professions Code.
(11) “THC” means delta-9 tetrahydrocannabinol.
(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) 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.
(Amended (as amended by Stats. 2019, Ch. 838, Sec. 2) by Stats. 2021, Ch. 485, Sec. 1. (SB 292) Effective January 1, 2022. Repealed on the date prescribed by its own provisions. See later operative version amended by Sec. 2 of Stats. 2021, Ch. 485.)