INDUSTRIAL HEMP

CULTIVATIONRegistration for Growers and Seed Breeders

March 29 and April 3, 2019

The County of San Diego Department of Agriculture, Weights & Measures

Overview

• Purpose

• CA Industrial Hemp Farming Act

• History of Industrial Hemp Law

• Approved Cultivars

• Registration requirements

HISTORY OF INDUSTRIAL HEMP LAW

• 2013 – Senate Bill 566o California Industrial Hemp Farming Act

o Inoperative until authorized by federal law

• 2014 – Federal Agricultural Act of 2014 (Farm Bill)o Authorized states to create pilot programs

• 2016 – Proposition 64o Removed requirement that hemp be legal at the federal level

o California Industrial Hemp Farming Act became operative

• 2018 – Senate Bill 1409o Refined requirements of California Industrial Hemp Farming Act

• 2018 – Federal Agriculture Improvement Act (Farm Bill)o Formally removes hemp-derived products from Schedule 1 status

under the Controlled Substances Act

CA INDUSTRIAL HEMP FARMING ACTFOOD AND AGRICULTURAL CODE, DIVISION 24 §81000-81011

• Defines “industrial hemp” as types of the plant Cannabis sativa L.having no more than 0.3% tetrahydrocannabinol (THC).

• Creates the Industrial Hemp Advisory Board to advise the Secretaryof CDFA on laws, regulations, and other aspects of the CaliforniaIndustrial Hemp Cultivation Program

• Requires that industrial hemp be cultivated from approved cultivars

• Exceptions for research and seed breeders developing newcultivars

• Requires growers and seed breeders to register with the CountyAgricultural Commissioner prior to cultivation

• Requires sampling and testing prior to harvest to verify THC content< 0.3%

APPROVED CULTIVARS

Seed or propagative material… Documentation to Satisfy 3CCR§4920

1. Certified • Confirm via CCIA

https://ccia.ucdavis.edu/standards/crop-

standards/hemp-crop-standards

2. Produced by an authorized

participant in a state industrial

hemp agricultural pilot program

• Proof of authorization to cultivate in the

origin state

• Test analysis*

3. Imported from outside US in

accordance with federal

importation requirements

• Test analysis*

4. Produced in accordance with

the CA Industrial Hemp Farming

Act

• Proof of registration or copy of notification

to county (Established Agricultural Research

Institute)

• Test analysis*

*Crop from which seed or propagative material is harvested must be tested

by a department-approved laboratory to document THC < 0.3%

CULTIVATION REGISTRATION REQUIREMENTS

A. Register with the County Agricultural Commissioner prior to cultivation

B. Registration fee of $900 each for grower and seed breeder,

checks only will be accepted and payable to CDFA Cashier

C. Provide the following:

1. Name, physical address and mailing address

2. Legal description, GPS coordinates, and map of each property where cultivation or storage will occur

3. Approved cultivar(s) to be grown and state or county of origin

4. Documentation to verify that cultivars are approved

5. Acreage of each plot to be grown

6. Estimated planting and harvest dates

7. If not property owner, lease agreement authorizing use of property for industrial hemp cultivation and/or storage

PROPERTY OPERATORAWM REQUIREMENTS FOR BUSINESS ENTITIES AND PROPERTY LEASES

• An individual who owns or has a lease over a specific land area

• Corporate business entities or partnerships must provide proof of the corporation, usually a filing with the California Secretary of State

• Every person intending to cultivate Industrial Hemp on property not owned by them shall provide AWM, at the time of application, a copy of the current written lease agreement which contains the following:

✓ Accurate description of the leased property, dimensions of

farm operation, and location

✓ Date of the agreement and signatures of all parties

Involved (i.e. property owner and lessee)

✓ Land owner’s contact information

CULTIVATION SITE

• Cultivation site means a contiguous area with no breaks (fences, roads, trees, etc.) dividing the field

➢ Each contiguous field is considered a separate site

➢ Indoor and outdoor growing areas to be treated as

separate sites

• Planting size must at least by 1/10 Acre (or 4,356 sqft)

• For seed breeders, dedicated areas is at least 1/10 Acre, but doesn’t all need to be planted

• All plots shall have signage indicating they are industrial hemp

MAPPING REQUIREMENTSPER SITE

1. A separate map for each cultivation site

2. Ok to have one map with multiple sites

3. Each map must include the following information:

✓Applicant’s full name

✓Physical address of each site or legal description (if available); cross-streets and APN number

✓GPS coordinate must in decimal degrees up to six (6) decimals and all Longitude coordinates will be a negative. For example,

1220 N. St. Sacramento, CA 95814 (38.574826, -121.492316)

✓Label all roadways

✓Label for each site (Site 1, Site 2, etc.) that corresponds to the application

✓Outline of each site

REGISTRATION REQUIREMENTS

• Seed breeders developing new cultivars provide:• Name of agency that will certify seed

• Varieties to be used to develop the new cultivar

• Seed development plan

• Seed development plan must describe the following:• How the new cultivar will be developed

• How unlawful use of cultivars will be prevented

• How records will be maintained documenting the development

NOTE: Registrants must notify AWM and receive approval

prior to changing any of the following information:

• Cultivation or storage sites

• Cultivar(s) to be grown

• Seed development plan

REGISTRATION PROCESS

Step 1: Download grower or seed breeder

registration application from the CDFA website:

https://www.cdfa.ca.gov/plant/industrialhemp/

Step 2: Submit application and supporting

materials along with $900 check payable to CDFA Cashier to the San Diego Department of Agriculture, Weights & Measures

Step 3: After reviewing application packet,

AWM mails or will have registration ready for pick-up, valid for 1-year from issue date

CONTACT INFORMATIONCounty of San Diego Department of Agriculture, Weights & Measures (AWM) –

Office Locations:

EXECUTIVE OFFICE SAN MARCOS OFFICE9325 Hazard Way, Suite 100 151 E. Carmel StreetSan Diego, CA 92123 San Marcos, 92078

CONTACT

AWM – Industrial Hemp Cultivation Program

Phone: (858) 614-7786

Email: AgStandards.AWM@sdcounty.ca.gov

WebPage: https://www.sandiegocounty.gov/awm/industrialhemp.html

CDFA – California Industrial Hemp Program

Phone: (916) 654-0435

Email: industrialhemp@cdfa.ca.gov

WebPage: https://www.cdfa.ca.gov/plant/industrialhemp/