MEETING DATE: 4/16/2019
DEPARTMENT: AGRICULTURAL COMMISSIONER
DEPT HEAD/DIRECTOR: K. Overstreet
AGENDA ITEM PREPARER: K. Overstreet
SBC DEPT FILE NUMBER: 101
SUBJECT:
AGRICULTURAL COMMISSIONER - K. OVERSTREET
Provide an update on the current status of the industrial hemp registration regulations. Review proposed amendments to the California Food and Agriculture Code as it pertains to industrial hemp, Senate Bill 153. Review the requirements for an approved state plan as defined in the 2018 Farm Bill.
SBC FILE NUMBER: 1.1
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
Based on feedback from the Office of Administrative Law, the California Department Food and Agriculture (CDFA) has revised the text of the proposed regulation and initial statement of reasons pertaining to the industrial hemp cultivation registration fee. This initiated a 15 day comment period ending April 14, 2019.
The effective date decision rests with OAL and a precise date is difficult to predict, the process is as follows:
1. The 15-day public comment period will end on April 14th.
2. CDFA will have to draft responses to any public comments received and resubmit to OAL for review.
3. OAL will have 30 business days to review the revised rule making package. It is unknown if OAL will take this whole time period to review.
4. It is unknown if OAL will approve an immediate effective date for the regulations or if they will take effect on July 1st.
SB153, introduced by Senator Wilk, would revise the provisions regulating the cultivation and testing of industrial hemp to conform with the requirements for a state plan under the federal Agricultural Marketing Act of 1946, as amended by the federal Agriculture Improvement Act of 2018. These amendments include: revising the definition of industrial hemp; expanding the registration requirements to apply to growers of industrial hemp for noncommercial as well as commercial purposes; imposes new requirements on the department and county agricultural commissioners for the handling and transmittal of registration information; imposes new testing requirements, provides new enforcement procedures to be operative as of the effective date of an approved state plan and imposes new conditions on eligibility to participate in the industrial hemp program.
BUDGETED: