Cal. Code Regs. tit. 3 § 9203

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 9203 - Denial of Petition for Appellation of Origin

The Department may deny the petition for the following reasons:

(a) Evidence is not sufficient to demonstrate the legacy, history, reputation, and economic importance of cannabis production in the proposed geographical area pursuant to section 9102, subdivision (h);

(b) Evidence is not sufficient to demonstrate that the proposed appellation name has been used in direct association with a cannabis production area pursuant to section 9104, subdivisions (b)(2) through (b)(4) of this chapter;

(c) Evidence is not sufficient to demonstrate that the proposed geographical area is distinctive with respect to the geographical features affecting cannabis pursuant to section 9106, subdivision (b) of this chapter;

(d) Proposed geographical features as described are not causally-linked to the cannabis or the causal links are not maintained according to the standards set forth in section 9106, subdivisions (c) and (d) of this chapter;

(e) Proposed standard, practice, and cultivar requirements do not meet the clarity, form, or recordkeeping standards set forth in section 9107, subdivisions (a) through (e) of this chapter;

(f) Amendments to the appellation of origin are not consistent with the proposed geographical features according to section 9103, subdivisions (b) through (d) of this chapter; and

(g) Any other reasonable cause submitted through the public comment process that the department determines would preclude the appellation from being established or amended.

Cal. Code Regs. Tit. 3, § 9203

1. New section filed 11-23-2021; operative 1-1-2022 (Register 2021, No. 48). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Section 26063, Business and Professions Code. Reference: Section 26063, Business and Professions Code.

1. New section filed 11-23-2021; operative 1/1/2022 (Register 2021, No. 48). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.