EXPLAINED: CDFA CULTIVATOR LICENSE INSPECTION CHECKLISTS

by Gianna Geil, July 31, 2019 (with Omar Figueroa)

CDFA Cultivator Inspection Forms

Our last two-part blog series covered the Bureau of Cannabis Control (BCC) Inspection Sheets for retailers and distributors, which are used by the BCC to assess a licensee’s regulatory compliance. 

This post will explain items on the California Department of Food and Agriculture (CDFA) Cultivator Inspection Forms. The documents were produced in July of 2019 by the California Department of Food and Agriculture in response to a California Public Records Act request submitted by the Law Offices of Omar Figueroa. While these documents do not purport to encompass annual or provisional licenses, they do provide insight into best practices for cultivators. Some of the items require clarification from CDFA, as noted in each relevant section, and this blog post will be updated in the event of a response from CDFA. 

The CDFA regulations referenced in the Inspection Sheet are included in our free online reduced-size PDF containing the Combined Final Permanent Regulations. We have also crafted a hardcover book, a carefully curated compendium designed to give readers a deep understanding of the laws governing cannabis and hemp in California, which contains the regulations.

Based on the Cultivator License Inspection Sheets, CDFA inspections cover background information, premises requirements, pesticide use, waste disposal, energy or power, weighing, and record retention.

Background Information. This includes basic information such as the licensee’s contact information, license information, and the date of inspection. All information should align with the license application submitted to CDFA.

Premises. Inspectors will conduct both physical and visual inspections of the premises. Basic requirements include displaying the license where it can easily be viewed and ensuring there are no hazards on site, or, if hazards are present, that protocols are in place to protect employee’s health and safety. (§ 8202(e); § 8102(q)). 

The layout of the premises should align with both the property diagram and cultivation plan including, but not limited to, lighting diagrams for indoor and mixed-light licensees as well as designated areas for flowering plants, immature plants, and harvested cannabis. (§ 8106). Further, cultivators are required to identify all sources of their water supply. (§ 8107; Cal. Bus. & Prof. Code § 26060.1). When applicable, inspectors will assess the research and development area or on-site processing areas. (§ 8302; § 8303). If a licensee plans to process cannabis on site, ensure all packaging and labeling requirements are followed. (§ 8212). 

Pesticides. Any use of pesticides should align with the pest management plan provided by the licensee in the cultivation plan. (§ 8106). If licensee’s plan to purchase and use pesticides rather than hire out for pest control, they must first obtain an operator identification number from the agricultural commissioner. (Cal. Code Regs. tit. 3, § 6622). All pesticides stored on-site should be kept in secure areas with proper labels. (§ 8307). 

Cannabis Waste. All licensees are required to have a cannabis waste management plan identifying the chosen method(s) for cannabis waste disposal. (§ 8108). Cannabis waste should be stored in secured areas with accessibility limited to the licensee, employees of the licensee, waste haulers, and the local agency. (§ 8308). 

Note: The “evidence of burn piles” question on page 001 likely refers to improper cannabis waste techniques. 

Energy/Power. Indoor and mixed-light licensees must identify all power sources used for lighting, heating, cooling, and ventilation. (§ 8102). Additional renewable energy requirements will be implemented in 2023, requiring certain licensees to meet the average electricity greenhouse gas emissions intensity required by their local utility provider. (§ 8305). 

Note: References on page 001 to CO2, gasoline containers, 55-gallon drums, and propane cylinders likely refer to generator requirements for licensees. (§ 8306). It is unclear what the “notable odors” question is in reference to, but perhaps it has to do with gasoline or fuel odors.  

Weighing. Every licensee’s weighing devices must be approved, registered, tested, and sealed. (§ 8213). Weighing devices should be used when cannabis or cannabis products are bought or sold by weight or count, packaged for sale by weight or count, or weighed or counted for entry into the track and trace system. (Id). Licensed weighmaster certificates are required if payment for cannabis or cannabis products, or any charge for service or processing, is dependent on quantity as determined by weight or count. (Id). 

Record Retention. Records should be stored in a secure manner, maintained for seven years and be easily accessible upon request by the inspector. (§ 8400). Required records include, but are not limited to, contracts with other licensed cannabis businesses, sales invoices, compliance with environmental protection, track and trace documentation, and personnel records. (§ 8400). Inspectors may assess sales invoices to ensure they contain descriptions of each item (i.e. flower, pre-rolls, etc.) and the license number of each purchaser. (§ 8401). 

Supplementary Information. The sheets contain a few select supplementary questions including how a licensee plans to sell cannabis, how many harvests are projected each year, and how many people on the premises. 

Conclusion

The CDFA Cultivator Inspection Forms make clear that cultivators preparing for inspections should verify compliance with respect to a host of issues, including, but not limited to: premises requirements, pesticide use, waste disposal, energy and power, weighing, and record retention. While providing useful and practical insight to possible areas of focus by inspectors, this information should be used with caution due to its limited scope. Inspections for annual licenses are anticipated to be more in-depth. 

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