Section 10000 - DefinitionsThe following definitions, including definitions in section 26001 of the Business and Professions Code, and definitions included in title 4, section 16000 of the California Code of Regulations apply to this chapter.
(a) "Accreditation" means a determination made by the California Department of Food and Agriculture that authorizes a private entity or local jurisdiction to conduct certification activities when registered as a certifying agent pursuant to this chapter.(b) "Action level" means the limit at or above which the U. S. Food and Drug Administration will take legal action against a product to remove it from the market. Action levels are based on unavoidability of poisonous or deleterious substances and do not represent permissible levels of contamination where it is avoidable.(c) "Agricultural inputs" means all substances or materials used in the production of OCal cannabis or nonmanufactured cannabis products.(d) "Allowed synthetic" means a substance that is included on the National List of synthetic substances allowed for use in organic production, as provided in The National List of Allowed and Prohibited Substances, 7 Code of Federal Regulations (7 CFR) section 205.601.(e) "Applicant" means an owner of the applicant entity or sole proprietor applying for accreditation, registration, or certification pursuant to this chapter.(f) "Area of operation" means the types of operations a certifying agent may be accredited to certify pursuant to this chapter.(g) "Audit trail" means documentation that is sufficient to determine the source, transfer of ownership, and transportation of any cannabis or nonmanufactured cannabis product labeled "OCal."(h) "Biodegradable" means subject to biological decomposition into simpler biochemical or chemical components.(i) "Buffer zone" means an area located between land maintained under OCal or NOP certified Organic management and an adjacent land area not maintained under OCal or NOP certified Organic management.(j) "Certification" or "certified" means a determination made by the registered certifying agent, and documented by a certificate, that a cultivation or distribution operation is in compliance with this chapter.(k) "Certified operation" means a cannabis cultivator or distributor that has received OCal certification.(l) "Certifying agent" means any entity that currently certifies operations.(m) "Certifying agent's operation" means all sites, facilities, personnel, and records used by a certifying agent.(n) "Claims" means oral, written, implied, or symbolic representations, statements, advertising or other forms of communication presented to the public or consumers that relate to the OCal certification process or the term "OCal".(o) "Clone" means an asexually produced plant grown by taking a cutting from a mother plant or a tissue culture from a source plant that is genetically identical to the mother plant or source plant.(p) "Commercially available" means the ability to obtain a production input in an appropriate form, quality, or quantity to fulfill an essential function in a system of production as determined by the registered certifying agent in the course of reviewing the OCal system plan.(q) "Commingling" means physical contact between OCal produced and non-OCal produced cannabis and nonmanufactured cannabis products.(r) "Compost" means the product of a managed process through which microorganisms break down plant and animal materials into more available forms suitable for application to the soil.(s) "Control" means any method that reduces or limits damage by populations of pests, weeds, or diseases to levels that do not significantly reduce productivity.(t) "Crop" means pastures, cover crops, green manure crops, catch crops, or any plant or part of a plant intended to be marketed as an agricultural product, or used in the field to manage nutrients and soil fertility.(u) "Crop residues" means the plant parts remaining in a field after the harvest of a crop, which include stalks, stems, leaves, roots, and weeds.(v) "Crop rotation" means a method of reducing soil erosion and increasing soil fertility, biodiversity, and crop yield through the practice of alternating the annual crops grown on a specific field in a planned pattern or sequence in successive crop years so that crops of the same species or family are not grown repeatedly, without interruption, on the same field.(w) "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.(x) "Cultural methods" means methods used to enhance crop health and prevent weed, pest, or disease problems without the use of substances, such as the selection of appropriate varieties and planting sites, proper timing and density of plantings, irrigation, and extending or compressing a growing season by manipulating the microclimate with green houses, cold frames, or wind breaks.(y) "Detectable residue" means the amount or presence of chemical residue or sample component that can be reliably observed or found in the sample matrix by current approved analytical methodology.(z) "Disease vectors" means plants or animals that harbor or transmit disease organisms or pathogens which may attack crops.(aa) "Drift" means the physical movement of prohibited substances from the intended target site onto an OCal operation or portion thereof.(ab) "Emergency pest or disease treatment program" means a mandatory program authorized by a federal, state, or local agency for the purpose of controlling or eradicating a pest or disease.(ac) "Employee" means any person providing paid or volunteer services for the registered certifying agent.(ad) "Excluded methods" means a variety of methods used to genetically modify organisms or influence their growth and development by means that are not possible under natural conditions or processes and are not considered compatible with organic and OCal production. Such methods include cell fusion (except when the donor cells/protoplasts fall within the same taxonomic plant family), microencapsulation and macroencapsulation, and recombinant DNA technology (including gene deletion, gene doubling, introducing a foreign gene, and changing the positions of genes when achieved by recombinant DNA technology). Such methods do not include the use of traditional breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture.(ae) "Fertilizer" means a single or blended substance containing one or more recognized plant nutrient(s) which is used primarily for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth.(af) "Field" means an area of land identified as a discrete unit within a production operation.(ag) "Handling" means the touching or manipulating of post-harvest OCal cannabis and nonmanufactured cannabis products, processing of OCal cannabis and nonmanufactured cannabis products, or accessing OCal cannabis and nonmanufactured cannabis products via an open container or an unsealed package at any point in the supply chain.(ah) "Immediate family" means the spouse, minor children, or blood relatives who reside in the immediate household of the registered certifying agent or an employee, inspector, contractor, or other personnel of the registered certifying agent.(ai) "Inert ingredient" means any substance (or group of substances with similar chemical structures if designated by the United States Environmental Protection Agency) other than an active ingredient which is intentionally included in any pesticide product.(aj) "Information panel" means any part of the cannabis or nonmanufactured cannabis product label that is not the primary panel and that contains required labeling information.(ak) "Ingredient" means any substance that is used in the manufacture of a cannabis product and that is intended to be present in the product's final form.(al) "Inspection" means the act of examining and evaluating an operation to determine compliance with this chapter.(am) "Inspector" means any person retained or used by the registered certifying agent to conduct inspections of certification applicants or certified operations.(an) "Label" means a display of written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.(ao) "Labeling" means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.(ap) "Laboratory or Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis and cannabis products is licensed by the Bureau of Cannabis Control and is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.(aq) "Licensee" means any person holding a cannabis cultivation or distribution license in the State of California.(ar) "Limited-access area" means an area that is only accessible to the operator and authorized personnel of an operation.(as) "Local jurisdiction" means a city, county, or city and county.(at) "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.(au) "Manure" means feces, urine, other excrement, and bedding produced by livestock that has not been composted.(av) "Mother plant" means a plant used for the sole purpose of taking cuttings or offsets in order to grow more of the same plant.(aw) "Mulch" means any nonsynthetic material, such as wood chips, leaves, or straw, or any synthetic material included on the National List for such use, such as newspaper or plastic that serves to suppress weed growth, moderate soil temperature, or conserve soil moisture.(ax) "National List" means the list of allowed and prohibited substances included in National Organic Program regulations, 7 CFR sections 205.600 through 205.607.(ay) "National Organic Program" or "NOP" means the federal regulatory program that develops and enforces uniform national standards for organically-produced agricultural products sold in the United States.(az) "Natural resources of the operation" means the physical, hydrological, and biological features of a production operation, including but not limited to soil, water, wetlands, woodlands, and wildlife.(ba) "Nonmanufactured cannabis product" means flower, shake, leaf, pre-rolls, and kief that is obtained from accumulation in containers or sifted from loose, dry cannabis flower or leaf with a mesh screen or sieve.(bb) "Nonsynthetic (natural)" means a substance that is derived from mineral, plant, or animal matter and does not undergo a synthetic process, as defined in (cd) of this section.(bc) "Nonretail container" means any container used for shipping or storage of nonmanufactured OCal cannabis products that is not used in the retail display or sale of the product.(bd) "Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.(be) "OCal" means a labeling term that refers to cannabis and nonmanufactured cannabis products produced pursuant to this chapter or a certification program for manufactured cannabis products authorized under Business and Professions Code section 26062.(bf) "OCal production" means a production system that is managed pursuant to this chapter to respond to site-specific conditions by integrating cultural, biological, and mechanical practices that foster cycling of resources, promote ecological balance, and conserve biodiversity.(bg) "OCal Program" means the program authorized by Business and Professions Code section 26062(a)(1) to assure consumers that cannabis and nonmanufactured cannabis products certified under the OCal designation are produced pursuant to this chapter and comparable to the National Organic Program regulations, 7 CFR part 205.(bh) "OCal system plan" means a plan of management of an OCal operation that has been agreed to by an operator and the registered certifying agent and that includes written plans concerning all aspects of cannabis production described in this chapter.(bi) "Operation" means a person that holds a valid and active California commercial cannabis cultivator or distributor license.(bj) "Organic" means a labeling term that refers to an agricultural product produced in accordance with the Organic Foods Production Act and the National Organic Program regulations, 7 CFR part 205.(bk) "Organic matter" means the remains, residues, or waste products of any organism.(bl) "Pest" means any of the following that is, or is liable to become, dangerous or detrimental to the agricultural or nonagricultural environment of the state: (1) Any insect, predatory animal, rodent, nematode, or weed; and(2) Any form of terrestrial, aquatic, or aerial plant or animal virus, fungus, bacteria, or other microorganism (except viruses, fungi, bacteria, or other microorganisms on or in living man or other living animals).(bm) "Pesticide" means: (2) Any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, as defined in section 12754.5 of the Food and Agricultural Code, which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever.(bn) "Planting stock" means any plant or plant tissue, including shoots and stem cuttings, used in plant cultivation or propagation.(bo) "Practice standard" means the guidelines and requirements through which a production operation implements a required component of its OCal system plan.(bp) "Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.(bq) "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for sale.(br) "Private entity" means any domestic nongovernmental for-profit or not-for-profit organization providing certification services.(bs) "Process," "Processing," and "Processes" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.(bt) "Production" means the cultivation or distribution of cannabis or nonmanufactured cannabis products.(bu) "Prohibited substance" means a substance that shall not be used in any aspect of United States Department of Agriculture Organic or OCal production and is prohibited by the National Organic Program.(bv) "Records" means any information in written, visual, or electronic form that documents the activities undertaken by an operation or registered certifying agent to comply with this chapter.(bw) "Registered certifying agent" means any entity accredited by the department or the National Organic Program and registered by the department to certify an operation under the OCal Program pursuant to sections 10500 through 10506 of this chapter.(bx) "Registered certifying agent's operation" means all sites, facilities, personnel, and records used by the certifying agent registered by the department to conduct certification activities pursuant to this chapter.(by) "Residue testing" means an official or validated analytical procedure that detects, identifies, and measures the presence of chemical substances, their metabolites, or degradation products in or on raw or processed agricultural products.(bz) "Responsibly connected" means any person who is a partner, officer, director, holder, manager, or owner of 10 percent or more of the voting stock of an applicant or a recipient of certification, accreditation, or registration.(ca) "Sewage sludge" means a solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes but is not limited to: domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.(cb) "Soil and water quality" means observable indicators of the physical, chemical, or biological condition of soil and water, including the presence of environmental contaminants.(cc) "Split operation" means an operation that produces both certified and noncertified products. The department does not consider an operation certified to produce both organic and OCal products a "split operation." (cd) "Synthetic" means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes.(ce) "Temporary" and "Temporarily" mean occurring for a limited time only (e.g., overnight, throughout a storm, the period of time specified by the department when granting a temporary variance), not permanent or lasting.(cf) "Tolerance" means the maximum legal level of a pesticide chemical residue in or on a raw or processed agricultural commodity or processed food.(cg) "Track-and-trace system" means the state-approved system used to track commercial cannabis activity and movement.(ch) "Transplant" means a seedling which has been removed from its original place of production, transported, and replanted.(ci) "Type of operation" means the type of operation that may be certified under this chapter.(cj) "Unavoidable residual environmental contamination (UREC)" means background levels of naturally occurring or synthetic chemicals that are present in the soil or present in organically produced agricultural products that are below established tolerances.(ck) "Willful" means intentional or deliberate.Cal. Code Regs. Tit. 3, § 10000
1. New chapter 3 (articles 1-8, sections 10000-10713), article 1 (sections 10000-10001) and section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29). Note: Authority cited: Sections 26012 and 26013, Business and Professions Code. Reference: Sections 26001, 26013 and 26062, Business and Professions Code.
1. New chapter 3 (articles 1-8, sections 10000-10713), article 1 (sections 10000-10001) and section filed 7-14-2021; operative 7/14/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).