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§ 8300 (a) Cannabis plants maintained outside of the designated canopy area(s) for specialty cottage, specialty, small, and medium licenses are prohibited from flowering. Should plants outside of the canopy area(s) begin to flower, a UID shall be
applied, the plant(s) shall be moved to the designated canopy area without delay, and reported in the track-and-trace
system.
§ 8300 (b) All plants or portions of a plant used for seed production shall be tagged with a UID pursuant to section 8403 of this chapter.
§ 8300 (c) Licensees propagating immature plants for distribution or seed for distribution to another licensee shall obtain a nursery license.
§ 8300 (d) Licensees shall process their harvested cannabis only in area(s) designated for processing in their cultivation plan
provided they are compliant with packaging and labeling requirements pursuant to section 8212 of this chapter, or transfer their harvested cannabis to a licensed processor, manufacturer, or distributor via a licensed distributor.
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013, 26060, and 26120, Business and Professions Code.
Nursery licensees producing seed for distribution shall tag all mature plants with a UID pursuant to section 8403(b)(4) of this chapter. All products, except seed, derived from these plants are prohibited from entering the commercial distribution chain.
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013, 26060, and 26067, Business and Professions Code.
Nursery licensees may maintain a research and development area, as identified in their cultivation plan, for the cultivation of mature plants. All mature plants shall be tagged with a UID pursuant to section 8403 of this chapter. All products derived from these plants are prohibited from entering the commercial distribution chain.
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013, 26060, and 26067, Business and Professions Code.
Processor licensees shall comply with all of the following requirements:
§ 8303 (a) All aggregation of product shall adhere to track-and-trace requirements pursuant to sections 8405 and 8406 of this chapter;
§ 8303 (b) Licensees may produce nonmanufactured cannabis products without a manufacturing license, provided packaging and labeling requirements are met pursuant to section 8212 of this chapter; and
§ 8303 (c) Cultivation of cannabis plants is prohibited at a licensed processor premises.
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26067, 26069, and 26120, Business and Professions Code.
All licensees shall comply with all of the following environmental protection measures:
§ 8304 (a) Compliance with section 13149 of the Water Code as implemented by the State Water Resources Control Board, Regional Water Quality Control Boards, or California Department of Fish and Wildlife;
§ 8304 (b) Compliance with any conditions requested by the California Department of Fish and Wildlife or the State Water
Resources Control Board under section 26060.1(b)(1) of the Business and Professions Code;
§ 8304 (c) All outdoor lighting used for security purposes shall be shielded and downward facing;
§ 8304 (d) Immediately halt cultivation activities and implement section 7050.5 of the Health and Safety Code if human remains are discovered;
§ 8304 (e) Requirements for generators pursuant to section 8306 of this chapter;
§ 8304 (f) Compliance with pesticide laws and regulations pursuant to section 8307 of this chapter;
§ 8304 (g) Mixed-light license types of all tiers and sizes shall ensure that lights used for cultivation are shielded from sunset to sunrise to avoid nighttime glare.
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26066, and 26201, Business and Professions Code.
Beginning January 1, 2023, all indoor, tier 2 mixed-light license types of all sizes, and nurseries using indoor or tier 2 mixedlight techniques, shall ensure that electrical power used for commercial cannabis activity meets the average electricity greenhouse gas emissions intensity required by their local utility provider pursuant to the California Renewables Portfolio Standard Program, division 1, part 1, chapter 2.3, article 16 (commencing with section 399.11) of the Public Utilities Code. As evidence of meeting the standard, licensees shall comply with the following:
§ 8305 (a) If a licensee’s average weighted greenhouse gas emission intensity as provided in section 8203(g)(4) is greater than the local utility provider’s greenhouse gas emission intensity, the licensee shall provide evidence of carbon offsets from any of the following sources to cover the excess in carbon emissions from the previous annual licensed period:
(1) Voluntary greenhouse gas offset credits purchased from any of the following recognized and reputable voluntary carbon registries:
(A) American Carbon Registry;
(B) Climate Action Reserve;
(C) Verified Carbon Standard.
(2) Offsets purchased from any other source are subject to verification and approval by the Department.
§ 8305 (b) New licensees, without a record of weighted greenhouse gas emissions intensity from the previous calendar year, shall report the average weighted greenhouse gas emissions intensity, as provided in section 8203(g)(4), used during their licensed period at the time of license renewal. If a licensee’s average weighted greenhouse gas emissions intensity is
greater than the local utility provider’s greenhouse gas emissions intensity for the most recent calendar year, the
licensee shall provide evidence of carbon offsets or allowances to cover the excess in carbon emissions from any of the
sources provided in subsection (a).
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26066, and 26201, Business and Professions Code.
§ 8306 (a) For the purposes of this section, “generator” is defined as a stationary or portable compression ignition engine pursuant to title 17, division 3, chapter 1, subchapter 7.5, section 93115.4 of the California Code of Regulations.
§ 8306 (b) Licensees using generators rated at fifty (50) horsepower and greater shall demonstrate compliance with either, as applicable, the Airborne Toxic Control Measure for stationary engines pursuant to title 17, division 3, chapter 1,
subchapter 7.5, sections 93115 through 93115.15 of the California Code of Regulations, or the Airborne Toxic Control
Measure for portable engines pursuant to title 17, division 3, chapter 1, subchapter 7.5, sections 93116 through 93116.5
of the California Code of Regulations. Compliance shall be demonstrated by providing a copy of one of the following to
the department upon request:
(1) For portable engines, a Portable Equipment Registration Certificate provided by the California Air Resources Board; or
(2) For portable or stationary engines, a Permit to Operate, or other proof of engine registration, obtained from the Local Air District with jurisdiction over the licensed premises.
§ 8306 (c) Licensees using generators rated below fifty (50) horsepower shall comply with the following by 2023:
(1) Either (A) or (B):
(A) Meet the “emergency” definition for portable engines in title 17, division 3, chapter 1, subchapter 7.5, sections 93116.2(a)(12) of the California Code of Regulations, or the “emergency use” definition for stationary engines in title 17, division 3, chapter 1, subchapter 7.5, section 93115.4(a)(30); or
(B) Operate eighty (80) hours or less in a calendar year; and
(2) Either (A) or (B):
(A) Meet Tier 3 with Level 3 diesel particulate filter requirements pursuant to title 13, division 3, chapter 14,
sections 2700 through 2711 of the California Code of Regulations;
§ 8306 (d) All generators shall be equipped with non-resettable hour-meters. If a generator does not come equipped with a non-resettable hour-meter an after-market non-resettable hour-meter shall be installed.
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26066, and 26201, Business and Professions Code.
§ 8307 (a) Licensees shall comply with all pesticide laws and regulations enforced by the Department of Pesticide Regulation.
§ 8307 (b) For all pesticides that are exempt from registration requirements, licensees shall comply with all pesticide laws and regulations enforced by the Department of Pesticide regulation and with the following pesticide application and storage protocols:
(1) Comply with all pesticide label directions;
(2) Store chemicals in a secure building or shed to prevent access by wildlife;
(3) Contain any chemical leaks and immediately clean up any spills;
(4) Apply the minimum amount of product necessary to control the target pest;
(5) Prevent offsite drift;
(6) Do not apply pesticides when pollinators are present;
(7) Do not allow drift to flowering plants attractive to pollinators;
(8) Do not spray directly to surface water or allow pesticide product to drift to surface water. Spray only when wind is blowing away from surface water bodies;
(9) Do not apply pesticides when they may reach surface water or groundwater; and
(10) Only use properly labeled pesticides. If no label is available consult the Department of Pesticide Regulation.
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26066, and 26201, Business and Professions Code.
§ 8308 (a) For the purposes of this section, “cannabis waste” is organic waste, as defined in section 42649.8(c) of the Public
Resources Code.
§ 8308 (b) A licensee shall manage all hazardous waste, as defined in section 40141 of the Public Resources Code, in compliance with all applicable hazardous waste statutes and regulations.
§ 8308 (c) A licensee shall manage all cannabis waste in compliance with division 30, part 3, chapters 12.8, 12.9, and 13.1 of the Public Resources Code. In addition, licensees are obligated to obtain all required permits, licenses, or other clearances
and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not
limited to, local health agencies, regional water quality control boards, air quality management districts, or air pollution
control districts, local land use authorities, and fire authorities.
§ 8308 (d) A licensee shall dispose of cannabis waste in a secured waste receptacle or in a secured area on the licensed premises designated on the licensee’s premises diagram and as identified in the licensee’s cultivation plan. For the purposes of this section, “secure waste receptacle” or “secured area” means physical access to the receptacle or area is restricted to only the licensee, employees of the licensee, the local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by the local agency. Public access to the designated receptacle or area shall be strictly prohibited.
§ 8308 (e) A licensee shall comply with the method(s) for managing cannabis waste identified on its cannabis waste management plan in accordance with section 8108.
§ 8308 (f) If composting cannabis waste on the licensed premises, a licensee shall do so in compliance with title 14 of the
California Code of Regulations, division 7, chapter 3.1 (commencing with section 17850).
§ 8308 (g) If a local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by a local agency is being used to collect and process cannabis waste, a licensee shall do all the following:
(1) Obtain and retain the following information from the local agency, waste hauler franchised or contracted by the local agency, or private waste hauler permitted by the local agency that will collect and process the licensee’s
cannabis waste:
(A) Name of local agency providing waste hauling services, if applicable;
(B) Company name of the waste hauler franchised or contracted by a local agency or private waste hauler
permitted by the local agency, if applicable;
(C) Local agency or company business address; and
(D) Name of the primary contact person at the local agency or company and contact person’s phone number.
(2) Obtain and retain a copy of a receipt from the local agency, waste hauler franchised or contracted by the local
agency, or private waste hauler permitted by the local agency evidencing subscription to a waste collection service; and
(3) Cannabis waste may be collected from a licensee in conjunction with a regular organic waste collection route used by the local agency, the waste hauler franchised or contracted by a local agency, or private waste hauler permitted by the local agency.
§ 8308 (h) If self-hauling cannabis waste to one or more of the solid waste facilities in section 8108(c) of this chapter, a licensee shall obtain and retain, for each delivery of cannabis waste by the licensee, a copy of a certified weight ticket or receipt documenting delivery prepared by a representative(s) of the solid waste facility receiving the self-hauled cannabis
waste. Transportation of self-hauled cannabis waste shall only be performed by the licensee or employees of the
licensee.
§ 8308 (i) If cannabis waste is hauled to a recycling center that meets the requirements of section 8108(c)(6), in addition to the tracking requirement set forth in section 8405 and 8406 of this chapter, a licensee shall use the track-and-trace system and documentation required pursuant to this section to ensure the cannabis waste is identified, weighed, and tracked while on the licensed premises.
§ 8308 (j) In addition to all other tracking requirements set forth in sections 8405 and 8406 of this chapter, a licensee shall use the track-and-trace system and documentation required pursuant to this section to ensure the cannabis waste is identified, weighed, and tracked while on the licensed premises and when disposed of in accordance with subsections (f), (g), (h), and (i) above.
§ 8308 (k) A licensee shall maintain accurate and comprehensive records regarding cannabis waste that account for, reconcile, and evidence all activity related to the generation or disposition of cannabis waste. All records required by this section are records subject to inspection by the department and shall be kept pursuant to section 8400 of this chapter.
Authority: Sections 26012 and 26013, Business and Professions Code.
Reference: Sections 26013 and 26060, Business and Professions Code.
Our newsletter provides valuable information for businesses, often including the latest legal developments affecting the industries we serve.
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