The following definitions apply to this Subchapter:
"Accreditation" means a determination made by the Secretary of United States Department of Agriculture that authorizes a certifying agency to conduct certification activities as a certifying agent for the National Organic Program (as described in 7 CFR Part 205).
"Advertisement" means all representations disseminated in any manner or by any means for the purpose of inducing or likely to induce, directly or indirectly, the purchase of a product including but not limited to a display of written, printed, or graphic matter regarding any cannabis product including digital content.
"Advertise" means to represent or disseminate in any manner or by any means for the purpose of inducing or likely to induce, directly or indirectly, the purchase of a product including but not limited to a display of written, printed, or graphic matter regarding any cannabis product including digital content.
"Cannabis" has the same meaning as Section 26001(f) of Division 10 of the Business and Professions Code.
"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate. This includes, but is not limited to, concentrated cannabis, an edible or topical product containing cannabis, or concentrated cannabis containing other ingredients.
"Certification" refers to an approval or credential process that has been finalized that generates a unique certificate number.
"Certifying agent" means any entity that has a valid federal accreditation by the United States Department of Agriculture under the National Organic Program to certify organic operations.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Department" means California Department of Public Health.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees.
"Information panel" means any part of the cannabis product label that is not the primary panel or principal display panel and that contains required labeling information.
"Label" means a display of written, printed, or graphic matter upon a cannabis product container or wrapper.
"Labeling" means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
"Manufacture" or "Manufacturing" means all aspects of the extraction process, infusion process, and packaging, re-packaging, labeling, or re-labeling of cannabis products. It also means cooking, baking, heating, mixing, churning, fermenting, preserving, dehydrating, freezing, and includes jarring, or otherwise enclosing cannabis product in a container or synonyms of the above terms. It also means adding ingredients including any non-cannabis ingredients to a cannabis product. It does not include the repacking of cannabis products from a bulk shipping container by distributor or retailer where the cannabis product's original packaging and labeling is not altered.
"Manufacturer" means an entity which manufactures cannabis products that it intends to sell, label, or represent as cannabis products which are "sold as OCal".
"Misbranded" under this Subchapter means a cannabis product that is 1) labeled falsely or misleading in any particular way, 2) manufactured in violation of this Subchapter, and 3) labeled in violation of this Subchapter.
"National List" means the list of allowed and prohibited substances included in National Organic Program regulations (7 CFR Sections 205.600 through 205.607).
"National Organic Program" or "NOP" means the federal program established pursuant to the Organic Foods Production Act of 1990 (7 USC Section 6501 et seq.) and the regulations adopted thereof.
"OCal" is a trademark labeling term for a comparable program to the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 USC Section 6501 et seq.) and the California Organic Food and Farming Act (Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code) and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
"OCal system plan" means a plan of management between an OCal-certified manufacturer and a registered certifying agent that includes written plans concerning all aspects of cannabis product manufacturing.
"Organic" means a trademark labeling term that refers to an agricultural product produced in accordance with the Organic Foods Production Act and the National Organic Program regulations (7 CFR Part 205).
"Primary panel or principal display panel" means the part of a cannabis product label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.
"Prohibited substance" means a substance that must not be used in any aspect of United States Department of Agriculture Organic or OCal manufacturing and cultivation and is prohibited by the National Organic Program.
"Registration" means an approval or credential process that has been finalized that generates a unique registration number.
"Sold as OCal" means any use of the terms "OCal," "OCal grown," or grammatical variations of those terms that must include "OCal" as required under this Subchapter or pursuant to the regulations promulgated under Subsection (a) of Section 26062 of Division 10 of the Business and Professions Code; whether orally or in writing; in connection with any cannabis product; sold or offered for sale; including, but not limited to, any use of these terms in labeling or advertising of any cannabis product; and any ingredient in a multi-ingredient cannabis product.
"Split operation" means an operation that manufactures both OCal-certified and noncertified cannabis products. "Split operation" does not mean an operation certified to produce both organic and OCal products.
Cal. Code Regs. Tit. 17, § 22000
Note: Authority cited: Sections 100275, 110065, 110835 and 113115, Health and Safety Code; and Section 26062(a)(2), Business and Professions Code. Reference: Sections 110811 and 110815, Health and Safety Code; and Section 26062.5, Business and Professions Code.