Cal. Code Regs. tit. 3 § 4940

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 4940 - Sampling Timeframe and Pre-Harvest Notification for Industrial Hemp

(a) Sampling Timeframe.

(1) Samples shall be collected no more than 11 calendar days prior to the anticipated harvest start date listed on the Sample Analysis Request Form.

(2) Any changes to the harvest date that result in harvest activities to occur more than 30 calendar days after the sample collection date shall require additional sampling for THC concentration prior to harvest.

(b) Sample Analysis Request.

(1) In order to request sampling, registrants shall submit a Sample Analysis Request Form for each composite sample to be taken to the commissioner at least 30 calendar days before the anticipated harvest start date to initiate the sampling process. The Sample Analysis Request Form shall include:

(A) name, contact information, and signature of the sample analysis requester,

(B) registrant's registration number,

(C) name and contact information of the commissioner,

(D) physical address, general description of the planting location, and total acreage or square footage of the planting sampled,

(E) lot identification number as provided by United States Department of Agriculture Farm Service Agency,

(F) the anticipated harvest start date

(G) name of the cultivar sampled,

(H) description of the planting to be sampled including estimated average height, appearance, approximate density, homogeneity, condition of the plants, and degree of maturity of flowering material,

(I) unique sample identification number for the composite sample,

(J) number of the samples taken,

(K) date and time of the sample collection,

(L) name and signature of the sampler,

(M) name and contact information of the approved laboratory conducting the THC testing,

(N) name and signature of the person testing the sample,

(O) date and time of the sample testing,

(P) testing instrumentation used to analyze the sample for THC concentration,

(Q) laboratory determination of THC concentration in accordance with Section 4890(a)(25) and limit of detection (LOD), and

(R) chain of custody information including the name and signature of the person who received and delivered the sample, and the date, time, and location of each possession or transfer of the sample.

(2) The Department shall make a template of a sample analysis request form available on the Department's website.

(3) The sampler, as described in Section 4941(a)(1), shall schedule a sampling date.

(4) Registrants shall notify the commissioner of any changes to the above information no less than two calendar days prior to the scheduled sampling date.

Cal. Code Regs. Tit. 3, § 4940

1. New section filed 6-10-2019 as an emergency; operative 6-10-2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-10-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).
4. New section refiled 3-24-2020 as an emergency; operative 3-24-2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).
7. New section filed 1-11-2021; operative 1-11-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
8. Amendment of subsections (a)(1)-(2) and (b)(1) filed 4-9-2021 as an emergency; operative 4-9-2021 (Register 2021, No. 15). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-4-2022 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 4-9-2021 order transmitted to OAL 11-18-2021 and filed 12-30-2021 (Register 2021, No. 53).
10. Amendment of subsections (b)(3), (b)(3)(B), (b)(3)(E) and (b)(3)(P) filed 7-11-2022 as an emergency; operative 7-11-2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsections (b)(3), (b)(3)(E) and (b)(3)(P) refiled 1-3-2023 as an emergency; operative 1-3-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 1-3-2023 order, including further amendment of section, transmitted to OAL 3-29-2023 and filed 5-11-2023; amendments effective 5-11-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 19).

Note: Authority cited: Sections 407 and 81006, Food and Agricultural Code. Reference: Section 81006, Food and Agricultural Code.

1. New section filed 6-10-2019 as an emergency; operative 6/10/2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-10-2019 as an emergency; operative 12/10/2019 (Register 2019, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2020, No. 13).
4. New section refiled 3-24-2020 as an emergency; operative 3/24/2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-22-2020 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 3-24-2020 as an emergency; operative 3-24-2020. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 3).
7. New section filed 1-11-2021; operative 1/11/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
8. Amendment of subsections (a)(1)-(2) and (b)(1) filed 4-9-2021 as an emergency; operative 4/9/2021 (Register 2021, No. 15). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-4-2022 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 4-9-2021 order transmitted to OAL 11-18-2021 and filed 12/30/2021 (Register 2021, No. 53).
10. Amendment of subsections (b)(3), (b)(3)(B), (b)(3)(E) and (b)(3)(P) filed 7-11-2022 as an emergency; operative 7/11/2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsections (b)(3), (b)(3)(E) and (b)(3)(P) refiled 1-3-2023 as an emergency; operative 1/3/2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 1-3-2023 order, including further amendment of section, transmitted to OAL 3-29-2023 and filed 5-11-2023; amendments effective 5/11/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 19).