Section 81002 Of Division 24. Industrial Hemp From California Food And Agricultural Code >> Division 24.
81002
. (a) Except when grown by an established agricultural
research institution or by a registered seed breeder developing a new
California seed cultivar, industrial hemp shall only be grown if it
is on the list of approved seed cultivars.
(b) The list of approved seed cultivars shall include all of the
following:
(1) Industrial hemp seed cultivars that have been certified on or
before January 1, 2013, by member organizations of the Association of
Official Seed Certifying Agencies, including, but not limited to,
the Canadian Seed Growers' Association.
(2) Industrial hemp seed cultivars that have been certified on or
before January 1, 2013, by the Organization of Economic Cooperation
and Development.
(3) California varieties of industrial hemp seed cultivars that
have been certified by a seed-certifying agency pursuant to Article
6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c) Upon recommendation by the board or the department, the
secretary may update the list of approved seed cultivars by adding,
amending, or removing seed cultivars.
(1) The adoption, amendment, or repeal of the list of approved
seed cultivars, and the adoption of a methodology and procedure to
add, amend, or remove a seed cultivar from the list of approved seed
cultivars, pursuant to this section shall not be subject to the
requirements of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).
(2) The department, in consultation with the board, shall hold at
least one public hearing with public comment to determine the
methodology and procedure by which a seed cultivar is added, amended,
or removed from the list of approved seed cultivars.
(3) The department shall finalize the methodology and procedure to
add, amend, or remove a seed cultivar from the list of approved seed
cultivars and send the methodology and procedure to the Office of
Administrative Law. The Office of Administrative Law shall file the
methodology and procedure promptly with the Secretary of State
without further review pursuant to Article 6 (commencing with Section
11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the
Government Code. The methodology and procedure shall do all of the
following:
(A) Indicate that the methodology and procedure are adopted
pursuant to this division.
(B) State that the methodology and procedure are being transmitted
for filing.
(C) Request that the Office of Administrative Law publish a notice
of the filing of the methodology and procedure and print an
appropriate reference in Title 3 of the California Code of
Regulations.
(d) The department, in consultation with the board, may determine
the manner in which the public is given notice of the list of
approved seed cultivars, and any addition, amendment, or removal from
that list.