Section 10210 - Temporary Variances(a) The department may establish temporary variances from the requirements in sections 10203 through 10208 for: (1) A disaster for which the Governor has proclaimed a state of emergency in accordance with Government Code sections 8558 and 8625, or for which a local jurisdiction has proclaimed an emergency or disaster in accordance with Government Code sections 8558 and 8630. For the purposes of this chapter, "disaster" means the condition of extreme peril to the safety of persons and property within the state or a county, city and county, or city caused by conditions such as, fire, flood, storm, epidemic, drought, sudden and severe energy shortage, plant or animal infestation or disease, an earthquake, or similar public calamity; and(2) Conduct of research or trials of techniques, varieties, or ingredients used in OCal cultivation.(b) The registered certifying agent shall submit a written request for temporary variance to the department accompanied by a copy of the emergency proclamation.(c) The department will provide written notification to registered certifying agents upon establishing a temporary variance that is applicable to the registered certifying agent's certified operations. The temporary variance shall specify the period of time it shall remain in effect, subject to extension as the department deems necessary.(d) The registered certifying agent, when notified that the department has established a temporary variance, shall notify each cultivation or distribution operation it certifies to which the temporary variance applies.(e) Temporary variances will not be granted for any practice, material, or procedure prohibited under section 10105 of this chapter.Cal. Code Regs. Tit. 3, § 10210
1. New section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29). Note: Authority cited: Sections 26012 and 26013, Business and Professions Code. Reference: Sections 26013, 26062 and 26062.5, Business and Professions Code.
1. New section filed 7-14-2021; operative 7/14/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).