Cal. Code Regs. Tit. 3, § 4946 - Final Disposition for Registered Industrial Hemp Crops

(a) Registrants shall harvest the sampled crop only upon receipt of an electronic copy of a passing laboratory test report.

(1) Registrants shall submit a harvest report to the commissioner within 72 hours following the completion of the harvest. The harvest report shall include the:

(A) registration number,

(B) name and contact information of the registrant,

(C) harvest timeframe including start and end dates,

(D) name(s) of the cultivar(s),

(E) unique sample identification number(s) as assigned on the sample analysis request form and the percentage concentration of THC for each cultivar as reported on the laboratory test report,

(F) physical address, Global Positioning System coordinates, general description of the planting location, and total acreage or square footage of the harvested planting, and

(G) description and quantity of the material harvested.

(2) The Department shall make a template of a harvest report form available on the Department's website.

(3) Harvest shall be completed within 30 calendar days from the sampling date.

(A) Registrants may request additional sampling and testing in accordance with the procedures outlined in Section 4940 to extend the harvest timeframe.

1. The most recent laboratory test report electronically received by the commissioner in compliance with Sections 4940 through 4945 shall be considered the effective THC concentration for determining whether the planting may be harvested and determining compliance with Division 24 of the Food and Agricultural Code.

2. All previous laboratory test reports received for the same planting shall be invalid upon the commissioner's receipt of an electronic copy of the most recent laboratory test report. If the most recent laboratory test report indicates a percentage concentration of THC that is greater than the acceptable hemp THC level but does not exceed one percent, the registrant may request one additional retest in accordance with Section 4945.

(4) The commissioner may confirm the completion of the harvest by conducting field inspections. The commissioner shall be provided with complete and unrestricted access during business hours to all hemp and other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, and storage of all hemp and other cannabis plants, and all locations registered as a cultivation site.

(5) Registrant shall provide an original copy of the passing test report to any person transporting, purchasing, or obtaining the industrial hemp.

(b) Registrants shall not harvest the sampled crop that received a failed laboratory test report. Hemp crops that received a failed laboratory test report cannot be further handled or processed, except in accordance with Section 4950, and may not enter the stream of commerce.

(1) If the initial laboratory test report indicates a percentage concentration of THC that is greater than the acceptable hemp THC level but does not exceed one percent, the registrant may request one additional retest in accordance with Section 4945.

(c) Registrants shall destroy a crop that receives a failed laboratory test report within the following timeframes:

(1) If a laboratory test report indicates the percentage concentration of THC exceeds one percent, the destruction shall begin within 48 hours, and be completed within seven calendar days, after the registrant's receipt of an electronic copy of the laboratory test report. The commissioner shall issue a notice of abatement to the registrant within 48 hours of the receipt of the electronic copy of the laboratory test report.

(2) If a second laboratory test report from retesting indicates the percentage concentration of THC exceeds the acceptable hemp THC level but is less than one percent, the destruction shall take place as soon as practicable, but no later than 45 calendar days after the registrant's receipt of an electronic copy of the second laboratory test report. The commissioner shall issue a notice of abatement to the registrant within 48 hours of the receipt of the electronic copy of the laboratory test report.

(d) Registrant shall retain an original signed copy of the laboratory test report for two years from the date of sampling and make the original signed copy of the laboratory test report available to the Department, the commissioner, or law enforcement officials or their designees upon request.

Notes

Cal. Code Regs. Tit. 3, § 4946

1. New section filed 6-10-2019 as an emergency; operative 6-10-2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-10-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).
4. New section refiled 3-24-2020 as an emergency; operative 3-24-2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).
7. New section filed 1-11-2021; operative 1-11-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
8. Amendment of subsection (a)(3) filed 4-9-2021 as an emergency; operative 4-9-2021 (Register 2021, No. 15). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-4-2022 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 4-9-2021 order transmitted to OAL 11-18-2021 and filed 12-30-2021 (Register 2021, No. 53).
10. Amendment of subsection (a), new subsection (a)(5), amendment of subsections (b) and (c)(1)-(2) and new subsection (d) filed 7-11-2022 as an emergency; operative 7-11-2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (a), new subsection (a)(5), amendment of subsections (b) and (c)(1)-(2) and new subsection (d) refiled 1-3-2023 as an emergency; operative 1-3-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 1-3-2023 order transmitted to OAL 3-29-2023 and filed 5-11-2023 (Register 2023, No. 19).

Note: Authority cited: Sections 407 and 81006, Food and Agricultural Code. Reference: Section 81006, Food and Agricultural Code.

1. New section filed 6-10-2019 as an emergency; operative 6/10/2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-10-2019 as an emergency; operative 12/10/2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).
4. New section refiled 3-24-2020 as an emergency; operative 3/24/2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).
7. New section filed 1-11-2021; operative 1/11/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
8. Amendment of subsection (a)(3) filed 4-9-2021 as an emergency; operative 4/9/2021 (Register 2021, No. 15). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-4-2022 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 4-9-2021 order transmitted to OAL 11-18-2021 and filed 12/30/2021 (Register 2021, No. 53).
10. Amendment of subsection (a), new subsection (a)(5), amendment of subsections (b) and (c)(1)-(2) and new subsection (d) filed 7-11-2022 as an emergency; operative 7/11/2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (a), new subsection (a)(5), amendment of subsections (b) and (c)(1)-(2) and new subsection (d) refiled 1-3-2023 as an emergency; operative 1/3/2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 1-3-2023 order transmitted to OAL 3-29-2023 and filed 5/11/2023 (Register 2023, No. 19).