Section 4921 - Methodology and Procedure to Update the List of Approved Cultivars(a) The Secretary adopts the following methodology and procedure to add, amend or remove a cultivar from the list of approved cultivars. (1) Upon request from the chair of the Board, or of any four members of the Board, the Department shall schedule a public hearing to consider a proposal to update the list of approved cultivars by adding, amending, or removing cultivars. A notice and text of the proposal shall be made available to the public no less than 30 days prior to the hearing.(2) The public hearing to consider a proposal to update the list of approved cultivars shall be part of a regularly scheduled meeting of the Industrial Hemp Advisory board.(3) The public hearing shall include: (A) Presentation of the proposal to update the list of approved cultivars;(B) Presentation of the purpose for the update; and(C) Opportunity for public comment, pursuant to Section 11125.7 of the Government Code.(4) After receiving comments from the public, the Board shall vote to accept, amend and accept, or deny a proposal for recommendation to the Secretary.(5) Upon recommendation by the Board to adopt a proposal and approval by the Secretary, the Department shall amend the list of approved cultivars and shall submit the amended list to the Office of Administrative Law to be filed promptly with the Secretary of State. Pursuant to Section 81002 of the Food and Agricultural Code, the proposal shall not be subject to further review.(6) The Department shall post the list of approved cultivars to its website and shall provide electronic and/or mail notification of amendments to list of approved cultivars to parties that have requested notification. An interested party may go to the Department's website and elect to receive automatic notifications of any changes to the list of approved cultivars via an electronic mail listserv.(b) Amendment of the methodology and procedure. (1) By motion, the Board may recommend amending the methodology and procedure in subsection (a). In consultation with the chair of the Board, the Department shall schedule a public hearing to consider the recommendation, and a notice and text of the proposed amendment shall be made available to the public no less than 30 days prior to the hearing.(2) The public hearing to consider a proposal to amend the methodology and procedure shall be part of a regularly scheduled meeting of the Industrial Hemp Advisory Board.(3) The public hearing shall include: (A) Presentation of the proposal to amend the methodology and procedure;(B) Presentation of the purpose for the amendment; and(C) Opportunity for public comment, pursuant to Section 11125.7 of the Government Code.(4) After receiving comments from the public, the Board shall vote to accept, amend and accept, or deny the proposal for recommendation to the Secretary.(5) Upon recommendation by the Board to adopt the amendment and approval by the Secretary, the Department shall amend the methodology and procedure, and shall submit the amended methodology and procedure to the Office of Administrative Law to be filed promptly with the Secretary of State. Pursuant to Section 81002 of the Food and Agricultural Code, the proposal shall not be subject to further review.(6) The Department shall provide electronic and/or mail notification of the amendment to the methodology and procedure to parties that have requested notification. An interested party may go to the Department's website and elect to receive automatic notifications of any changes to the methodology and procedure via an electronic mail listserv.Cal. Code Regs. Tit. 3, § 4921
1. New chapter 8 (article 2, section 4921), article 2 (section 4921) and section filed 12-18-2018; operative 12-18-2018. This regulatory action is exempt from the Administrative Procedure Act and OAL review pursuant to Food and Agricultural Code sections 81002(c)(1) and 81002(c)(3) (Register 2018, No. 51).
2. Amendment of section heading and subsections (a)-(a)(2), (a)(3)(A) and (a)(5)-(6) 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 chapter 8 (article 2, section 4921), article 2 (section 4921) and section filed 12-18-2018; operative 12/18/2018. This regulatory action is exempt from the Administrative Procedure Act and OAL review pursuant to Food and Agricultural Code sections 81002(c)(1) and 81002(c)(3) (Register 2018, No. 51).
2. Amendment of subsections (a)-(a)(2), (a)(3)(A) and (a)(5)-(6) 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).