Section 4920 - List of Approved Cultivars(a) The Secretary, as provided in Section 81002 of the Food and Agricultural Code, adopts the following list of approved cultivars. (1) Industrial hemp seed or propagative materials certified as breeder, foundation, registered, or certified seed or stock by one of the following agencies:(A) Member organizations of the Association of Official Seed Certifying Agencies,(B) Organization of Economic Cooperation and Development, or(C) An officially approved and recognized seed-certifying agency listed in Title 3, California Code of Regulations, Section 3875, as provided in Section 52401 of the Food and Agricultural Code.(2) Industrial hemp seed or propagative materials produced in a quality assurance program approved by one of the following agencies: (A) Member organizations of the Association of Official Seed Certifying Agencies,(B) Organization of Economic Cooperation and Development, or(C) An officially approved and recognized seed-certifying agency listed in Title 3, California Code of Regulations, Section 3875, as provided in Section 52401 of the Food and Agricultural Code.(3) Industrial hemp seed or propagative materials produced by an authorized participant in a state industrial hemp agricultural pilot program, pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) or an authorized participant under an approved state, tribal, or federal regulatory plan for hemp production pursuant to Section 297 B of the federal Agriculture Improvement Act of 2018 (December 20, 2018) (Public Law 115-334). (A) The crop from which the seed or propagative materials were harvested from shall have been tested in accordance with a testing method approved by the regulatory authority in the state of origin and found to have no more than three-tenths of one percent tetrahydrocannabinol (THC) on a dry weight basis.(B) The commissioner shall be notified of the importation of all propagative materials into the county. The shipment is subject to inspection by the commissioner and shall not be used for cultivation until released by the commissioner (California Food and Agricultural Code Division 4, Part 2, Chapter 2 Sections 6401 and 6501).(4) Industrial hemp seeds or tissue culture plants imported from outside the United States that meets federal importation requirements. (A) The crop from which the seeds or tissue culture plants were harvested from shall have been tested in accordance with a testing method approved by the department of agriculture in the country of origin and found to have no more than three-tenths of one percent THC on a dry weight basis.(B) The commissioner shall be notified of the importation of all propagative materials into the county. The shipment is subject to inspection by the commissioner and shall not be used for cultivation until released by the commissioner (California Food and Agricultural Code Division 4, Part 2, Chapter 2 Sections 6401 and 6501).(C) For the purposes of this section, the term "tissue culture" means in vitro material introduced into culture from nodal cuttings at a particular time and from a single plant and grown in aseptic conditions to be used as a source of propagative material.(5) Industrial hemp seed or propagative materials produced in California in accordance with the provisions of Division 24 of the Food and Agricultural Code and this chapter. (A) The crop from which the seed or propagative materials were harvested from shall have been tested by a department-approved laboratory and found to have no more than three-tenths of one percent THC on a dry weight basis.(B) The commissioner shall be notified of the importation of all propagative materials into the county. The shipment is subject to inspection by the commissioner and shall not be used for cultivation until released by the commissioner (California Food and Agricultural Code Division 4, Part 2, Chapter 2 Sections 6401 and 6501).Cal. Code Regs. Tit. 3, § 4920
1. New section filed 2-28-2019; operative 2-28-2019. This regulatory action is exempt from the Administrative Procedure Act and OAL review pursuant to Food and Agricultural Code section 81002(c)(2) (Register 2019, No. 9).
2. Amendment of section heading, subsections (a), (a)(3), (a)(3)(B) and (a)(4)(B) and new subsection (a)(5)(B) filed 8-12-2022; operative 8-12-2022. This regulatory action is exempt from the Administrative Procedure Act and OAL review and submitted to OAL for filing and printing only pursuant to Food and Agricultural Code section 81002(c)(2) (Register 2022, No. 32). Note: Authority cited: Sections 407 and 81002, Food and Agricultural Code. Reference: Sections 81001 and 81002, Food and Agricultural Code.
1. New section filed 2-28-2019; operative 2/28/2019. This regulatory action is exempt from the Administrative Procedure Act and OAL review pursuant to Food and Agricultural Code section 81002(c)(2) (Register 2019, No. 9).
2. Amendment of subsections (a), (a)(3), (a)(3)(B) and (a)(4)(B) and new subsection (a)(5)(B) filed 8-12-2022; operative 8/12/2022. This regulatory action is exempt from the Administrative Procedure Act and OAL review and submitted to OAL for filing and printing only pursuant to Food and Agricultural Code section 81002(c)(2) (Register 2022, No. 32).