Close

Overview of Proposed OCal Comparable-to-Organic Regulations

June 22, 2020

by Associate Attorney Tiffany Carrari

On April 30, 2020 the California Department of Food & Agriculture (CDFA) issued proposed regulations for the OCal Program, a statewide certification program that will establish and enforce cannabis standards that are comparable-to-organic. (Given federal oversight over the United States Department of Agriculture (USDA) organic seal, the standards cannot be officially designated as organic, and thus are referred to as comparable-to-organic or OCal.)

The OCal Program is designed to ensure that cannabis products bearing the OCal seal (shown above) have been certified as meeting consistent, uniform standards comparable to the National Organic Program (NOP). The NOP is the federal regulatory program that develops and enforces uniform national standards for organically-produced agricultural products sold in the United States § 10000(aw). We have included the proposed regulations and related documents here for historical reference:

Notice of Proposed Rulemaking – OCal Program

Proposed Text of Regulations – OCal Program

Proposed Text – Items Incorporated by Reference

Initial Statement of Reasons – OCal Program

COMPARABLE-TO-ORGANIC LEGISLATIVE OVERVIEW

California Business and Professions Code § 26062(a)(1) calls for the CDFA to establish, no later than January 1, 2021, a program for cannabis that is comparable to the National Organic Program and the California Organic Food and Farming Act. The CDFA’s answer to that mandate is the OCal Program which will promulgate a comparable-to-organic certification program for California cannabis cultivation. Existing law prohibits a person from representing, selling, or offering for sale any nonmanufactured cannabis products as organic or with the designation or certification established by the CDFA, except as provided in the OCal Program regulations. BPC § 26062.5.

The CDFA’s OCal Program for cultivation comes before the California Department of Public Health’s (CDPH) own OCal certification program for manufactured cannabis products, with a mandated establishment date of July 1, 2021. § 26062(a)(2). Until the CDPH’s own OCal certification program regulations are enacted, persons are prohibited from representing, selling, or offering for sale any manufactured cannabis products as organic or with the designation or certification established by CDPH. § 26062.5.

If the National Organic Program authorizes organic designation and certification for cannabis, the OCal Program would become inoperative and would be repealed on the following January 1. § 26062(a)(3).

 

OCAL REGS IN A NUTSHELL

The National Organic Program (NOP) accredits third party certifying agents to determine whether target operations meet NOP requirements and give certified operations the authority to sell, label and refer to products as organic. The California State Organic Program (SOP), established by the California Organic Products Act in 2003 and extended in 2016 through the California Organic Food and Farming Act, is authorized by the NOP to register “organic” operations and enforce NOP regulations. Comparable to the NOP and SOP, the OCal Program will perform accreditation, registration and enforcement activities. See the Initial Statement of Reasons (ISOR), page 3.

The CDFA’s proposed regulations will: (1) Establish the OCal Program, an organic certification program for California cannabis; (2) Establish an “OCal” seal and designation; (3) Set minimum standards for production of OCal cannabis; and (4) Establish labeling and marketing standards for use of the “OCal” seal and designation.

Anticipated benefits of creating “OCal” at the State level are as follows: (1) The OCal Program under CDFA will protect and assure consumers that nonmanufactured OCal cannabis products are uniformly certified to State comparable-to-organic standards; (2) Environmental benefits inuring from well-managed organic farming systems that create healthy soils, reduce fossil fuel needs and reduce waste; and (3) Industry benefits stemming from increased consumer confidence, product differentiation and market value. ISOR, page 4.

 

OCAL PROGRAM

The CDFA proposes the adoption of division 8, chapter 3 “OCal Program”, §§10000 to 10712. within title 3 of the California Code of Regulations. The OCal Program regulations are organized into eight (8) Articles, each containing rules for different aspects of the certification program, beginning with Article 1. Definitions. §10000. ISOR, page 5.

 

Article 1. Definitions.

Most of the proposed OCal Program definitions correspond with those used by the NOP, except that definitions specific to commercial cannabis licensing and regulations have been added and conflicts that exist between NOP words or terms and commercial cannabis regulations are resolved in favor of adopting the words or terms as used in commercial cannabis regulations. ISOR, page 7.

For instance, “Clone”, “Limited-access area”, and “Mother Plant” have all been added as terms that are specific to the commercial cannabis industry. §10000(o), §10000(ap) and §10000(at). Terms such as “Laboratory or Testing Laboratory” and “Operation” have been modified to mirror commercial cannabis licensing regulations and narrow the scope of OCal applicability to commercial cannabis operations that are licensed in accordance with California law. §10000(ao) and §10000(be).

Some terms have also been added to delineate OCal from NOP. For example, “Registered Certifying Agent” is defined as any entity accredited by the CDFA or NOP and registered by the CDFA to certify the OCal Program. §10000(bp). The definition was added to clarify that a certifying agent must be registered by the CDFA, not just accredited (as the NOP requires), in order to certify under OCal. ISOR, page 17. The registration process was added to OCal as a way of incorporating certifying agents accredited by the NOP into OCal and providing OCal with oversight authority for those agents. Id. “Willful” is defined as intentional or deliberate and was included because CDFA-initiated adverse action will differentiate between non-compliant activities perceived to be unintentional and those proven to be “willful.” ISOR, page 19.

Section 10001 incorporates by reference the OCal guidance documents. ISOR, page 19. CDFA has created OCal guidance documents that are comparable to NOP’s guidance documents which are used to interpret and further refine NOP regulations in order to maintain certification consistency and assist NOP regulated entities with NOP compliance. Id. OCal determined which NOP guidance documents are necessary for certification consistency and comparability with NOP and has created OCal guidance documents to assist regulated entities with implementation of and compliance with the OCal regulations. Id. The OCal guidance documents address matters such as production methods and materials, certification decisions, recordkeeping, noncompliance, inspections, sampling procedures, laboratory selection and testing, prohibited pesticides, technical assistance, fertilizers, conservation, handling procedures, contamination, chemicals, etc. ISOR, pages 20-22.

Of particular note, is the “Methods and Materials in OCal Production” guide which provides instructions to clarify whether certain methods and materials are prohibited or permitted under the OCal regulations.

 

Article 2. Applicability.

This article sets forth the who, what, and how of OCal certification and provides an overview of the substances, ingredients and methods that are allowed and prohibited in OCal production. ISOR, page 22.

To certify cannabis operations under the CDFA, a private entity or local jurisdiction must be a) accredited by either the CDFA or NOP, and b) must be registered by the CDFA to certify under the OCal Program. §10100. Any eligible operation that holds a commercial cannabis license and intends to sell, label, or represent their cannabis and nonmanufactured cannabis products as OCal must be certified. §10100. Excluded from OCal Program requirements are laboratory and retail operations, and distribution operations if OCal cannabis products are received and remain enclosed in a properly labeled package or container while under distributor’s control. §10102. §10102 ensures that operations within the supply chain that do not handle, touch or manipulate OCal cannabis products are excluded from certification. ISOR, page 24. And although laboratory representatives do touch samples of OCal cannabis products while at the distributor, applicable regulations impose personal equipment requirements that essentially eradicate any risk of contamination. Id., page 25.

Certified operations will need to maintain, for a period of 5 years, records that detail the operators’ cultivation or distribution activities, transactions and compliance with the OCal Program. §10104; ISOR, page 26. This section is necessary because much of the proof that a certified operation is in compliance is provided in the form of records. ISOR, page 26. Operators must allow CDFA authorized representatives and the registered certifying agent to inspect and copy the records during standard business hours. Id. Also, OCal products will need to be identified as such within the Track-and-Trace system. Id.

§ 10105 establishes and specifies the substances, methods and ingredients that OCal certified operations can and cannot use in the production, handling and processing of OCal cannabis and nonmanufactured cannabis products. See also §10207. Specifically, OCal products shall be produced without the use of synthetic and prohibited nonsynthetic substances, except as provided in The National List of Allowed and Prohibited Substances (National List); without substances prohibited by the California Department of Pesticide Regulation for use on cannabis; and without the use of excluded methods, ionizing radiation and sewage sludge. §10105(a). Neither are agricultural inputs (such as cover crops) that utilize OCal prohibited substances, methods and ingredients permitted. §10105(a); ISOR page 28. Additionally, only those fertilizing materials enumerated at 3 C.C.R. section 2320.3 Fertilizing Materials Registration requirements for Organic Input Materials are permitted. §10105(b).

 

Article 3. OCal Cultivation and Distribution Requirements.

This article sets forth all requirements that a licensed cultivation or distribution operation must meet to be granted OCal certification by the CDFA and establishes organic practice standards that CDFA OCal certified operations must meet or exceed for land; soil fertility and nutrient management; seeds and planting stock; and pest, weed, and disease management. ISOR, page 29. Notably, §10200(b) charges OCal certified operators with maintaining or improving the natural resources of their operations, including soil, water, wetlands, woodlands, and wildlife, and integrating appropriate cultural, biological, and mechanical practices that foster cycling of resources, promote ecological balance, and conserve biodiversity (Conservation Efforts).

Pursuant to §10201, CDFA OCal certified cultivation and distribution operators must develop site-specific “system plans” that give detailed descriptions re: general practices and procedures, sourcing and use of production input and material substances (e.g. seeds and planting stock), monitoring practices and procedures, recordkeeping, management practices and physical barriers to prevent commingling of OCal and non-organic products and prohibited substances, and Conservation Efforts. The registered certifying agent will have authority to approve the proposed OCal system plan, as well as any subsequent amendments, and must concur that the plan fulfills OCal Program requirements. ISOR, page 30. 

Section 10202 requires that field and farm parcels from which OCal cannabis is harvested be managed in accordance with OCal Program requirements and shall be physically and distinctly separated and protected from coming into contact with prohibited substances, whether from adjoining land that is not under organic management or otherwise. Furthermore, prohibited substances shall not have been applied to land on which OCal cannabis is cultivated for the 3-year period immediately preceding harvest. §10202(b). Similarly, OCal cannabis shall never be commingled with non-OCal cannabis or come into contact with containers or packaging materials that contain prohibited substances or have been previously used for non-OCal cannabis. §10209.

Soil fertility and crop nutrient management practice standards are found in Section 10203 which requires cultivators to implement crop rotation and farming techniques that minimize erosion and maintain or improve soil nutrition, fertility, and composition. §10203(a); §10205. Cultivators are also directed to manage soil amendments and additives such as manure, plant materials, vermicompost, permitted synthetic and mined substances, and ash to maintain or improve organic matter content, biodiversity, nutrient cycling, and microbial activity in a manner that does not contribute to nutrient, pathogen, heavy metal, or prohibited substances contamination. §10203 (b)-(d). Finally, cultivators are specifically prohibited from using materials that contain synthetic substances not included on the National List of Allowed and Prohibited Substances, sewage sludge, lumber treated with prohibited materials, or burning as a means of disposal for crop residues (note: burning is allowed to suppress the spread of disease or to stimulate seed germination). §10203(e) and §10206(f).

Seeds and planting stock practice standards used in OCal cannabis production require that OCal certified cultivators either self-source cannabis seeds and planting stock or obtain them from a CDFA licensed and OCal certified nursery. §10204. When OCal seeds are not commercially available, cultivators may use non-OCal grown seeds and planting stock that have been treated with a substance allowed for use in organic crop production pursuant to the National List. §10204(a) and (b). Cultivators can also use non-OCal seeds and planting stock when a temporary variance has been granted, as well as use seeds and planting stock treated with prohibited substances when such treatment is required by federal or state phytosanitary regulations. §10204 (c) and (d).

Cultivators must first manage and control crop pests, weeds and diseases by implementing crop rotation, soil and crop nutrient practices, sanitation measures, and site-specific enhancements. §10206 (a). Pest and weed control problems can then be addressed through the introduction of and habitat development for pest enemies, traps and repellants, mowing, grazing, weeding, flame, heat, electricity, removable plastic or synthetic mulch, etc. §10206 (b) and (c). Finally, nonsynthetic biological, botanical, or mineral inputs and synthetic substances included on the National List of synthetic substances allowed for use in organic crop production can be used when the above discussed preventative practices fail to prevent or control pests, weeds and diseases. §10206 (d) and (e). (see ISOR, page 25 which discusses OCal mandated order of operations applicable to pest, weed, and disease abatement). §10208 addresses pest prevention in OCal production facilities which deviate from techniques allowable in the fields insofar as they permit the use of otherwise prohibited substances if necessary and 1) steps are taken to prevent contamination, and 2) such use is included in the system plan and approved by the registered certifying agent, or 3) as required by federal, state or local laws and steps are taken to prevent contact with OCal cannabis products.

The last section of Article 3 establishes a process for the CDFA to grant temporary variances from Article 3 requirements when necessitated by a California or local disaster for which a state of emergency has been proclaimed or to accommodate research or trials of OCal cultivation techniques, varieties or ingredients. §10210.

 

Article 4. Labels, Labeling, and Market Information.

The first section of Article 4 makes clear that CDFA OCal labeled cannabis and nonmanufactured cannabis products must contain 100% OCal produced cannabis. §10300. It is important to mention that the CDPH has been given statutory authority over establishing a program for certifying manufacturers and manufactured products, which may contain ingredients other than OCal cannabis. ISOR, page 41.

OCal cannabis and marketing products will be permitted to freely and prominently display the term OCal and the OCal seal, as well as a less prominent identifying mark of and business information for the registered certifying agent. Id. Also, nonretail containers used to store or transport nonmanufactured OCal cannabis products must display obviously visible OCal identifiers. §10301. This is important so that supply chain operators exempt from certification because they do not handle OCal cannabis do not need to open containers (or handle the cannabis) to identify the contents. ISOR, page 42.

§10302 shows the OCal seal in both color (green and orange) and monochrome and mandates that OCal products bearing the seal must replicate the form and design shown in either 1) color against a white background, or 2) monochrome against a white or transparent background. Registered certifying agents are permitted to establish their own logos but cannot require the use of such mark as a condition of certification or impose requirements beyond the scope of OCal as a condition for the use of their mark. §10303.

Article 5. Accreditation and Registration of Certifying Agents.

This article establishes requirements for CDFA accreditation and registration of OCal certifying agents. Accreditations shall be active for up to 5 years. §10400. Application and submission requirements for certifying agent accreditations and applicant withdrawal procedures are set out at §10402 and §10403. CDFA review guidelines, approval, denial, and renewal procedures are detailed at §§10404-10407.

In order to be and remain accredited as a certifying agent, a private entity or local jurisdiction must be capable of achieving the following (as more thoroughly explained at §10401):

  • have expertise in organic production; demonstrate the ability to comply with accreditation requirements;
  • carry out all OCal Program regulations; have enough trained and knowledgeable personnel to implement regulations;
  • ensure that inspection, analysis and decision-making are carried out by those with ample relevant expertise;
  • conduct annual performance evaluations of persons involved in the certification process;
  • conduct an annual 3rd party internal program review;
  • actively provide information to persons seeking certification;
  • meet record maintenance requirements;
  • maintain confidentiality;
  • avoid and address conflicts of interest;
  • accept decisions made by another registered certifying agent;
  • refrain from making false or misleading claims;
  • charge applicants and operations in accordance with CDFA fee schedules;
  • pay accreditation fees;
  • provide inspectors with previous reports and decisions;
  • and accept all applications within its certification types and certify all qualified applicants. §10401.

The accreditation process should ensure that certifying agents have the necessary expertise and ability to determine whether an operation’s system plan meets OCal Program requirements and that such determinations are consistent throughout the state. ISOR, page 45.

Section 10408 contains CDFA registration requirements for certifying agents to be granted authority to certify under the OCal Program. This section makes it so that certifying agents accredited by the NOP can register and become certifying agents for the OCal Program without being accredited by the OCal Program. ISOR, page 58.

In order to be and remain registered as an accredited certifying agent, a private entity or local jurisdiction must: be accredited by the CDFA or NOP; carry out all OCal Program regulations; annually renew registration and report activities; provide certification records to CDFA on cessation of registration; pay registration fees; and submit to on-site evaluations and compliance review by CDFA representatives. §10408 and §10412. Registrations are valid until January 1 of each year and shall expire unless renewed prior to that date on which all registration renewals will take place. §10400 and §10409; ISOR, page 44. Registration submission requirements for certifying agent registrations are set out at §10409 and registration renewal timelines, fees, procedures and reporting guidelines are detailed at §10410.

 

Article 6. Certification of Operations.

This article establishes requirements for cultivation and distribution operations that wish to sell, label or represent their products as OCal. Persons seeking to receive or maintain OCal certification must: have an active and valid California commercial cannabis license; comply with OCal Program requirements; complete, implement and annually update an OCal system plan; submit to on-site CDFA and registered certifying agent inspections; comply with recordkeeping requirements; and pay application fees. §10500 (a)-(f).

OCal certified operators are required to immediately notify the registered certifying agent of: 1) any application (including drift) of a prohibited substance to any OCal certified product, field, production unit, site or facility; 2) any change in a certified operation or portion thereof that may affect OCal Program compliance; or 2) any change in the operation’s commercial cannabis licensing status that would render the operation ineligible for certification. §10500(g).

Application submission requirements for an operator seeking OCal certification for their cultivation or distribution operation are itemized at §10501, while registered certifying agent review guidelines and applicant withdrawal procedures are covered at §10502. As part of the OCal certification application process, the registered certifying agent will conduct an initial on-site inspection, an annual on-site inspection and additional on-site compliance inspections as necessary. §10503(a)(1) and (a)(2)(A). Such inspections are intended to verify compliance; check accuracy of information provided; confirm implementation of system plans; and conduct testing of soil, water, waste, seeds, plant tissue, plant or cannabis product samples to rule out prohibited substance contamination. §10503(c). It is important to note that the inspector must conduct an exit interview while still onsite so that applicant is aware of the inspector’s findings and to ensure any miscommunications or inaccuracies in the report are corrected before the report is transmitted to the certifying agent. ISOR, page 73.

Upon completion of the initial on-site inspection, the registered certifying agent shall determine OCal Program eligibility grant certification or issue notification of non-compliance (and in some cases a notification of denial) in accordance with §10504 and §10505. §10505(b) provides that the applicant may response to a notice of non-compliance by correcting non-compliances and submitting evidence thereof to the registered certifying agent, submitting a new application to another registered certifying agent, or by submitting a written rebuttal. Following issuance of a notification of non-compliance, the registered certifying agent shall: 1) evaluate and re-determine certification eligibility for an applicant that has taken corrective action or submitted a rebuttal, or 2) issue a notice of denial to an applicant that fails to respond, and 3) provide notice of approval or denial to the CDFA. §10505(c). A notice of denial must state the reasons for denial and inform the applicant of their right to reapply, request mediation, or file an appeal. §10505(d). Any applicant that has received a notice of non-compliance or denial may re-apply for certification at any time with any registered certifying agent; the new application shall include copies of the unfavorable notices and descriptions of any corrective actions. §10505(e). Requirements for continuation of certification are detailed at §10506.

 

Article 7. Fees.

Accreditation and accreditation renewal for certifying agents include a $500 application fee, in addition to an hourly fee of $55 for time spent on accreditation and renewal. §10600 (a) and (b). Hourly rates will be applied to application review time, travel time, the conduct of on-site evaluations, review of annual reports and interim updates, preparing reports and other documents, etc. ISOR, page 78.  Additionally, travel expenses, per diem charges and costs will be passed through to the certifying agent seeking accreditation or renewal. §10600 (c) and (d).

Registration and registration renewal fees charged to certifying agents include an initial registration fee of $1,000 if a certifying agent is registered during the first three quarters of 2021, but only $750 if registered in the last quarter. §10601(a)(1). Beginning in 2022 and continuing thereafter, a certifying agent who is registered during the first three quarters of the year will be charged an initial registration fee of $5,000; the fee will drop to $3,000 if the certifying agent is registered in the final quarter of any year. §10601(a)(2). The lower 2021 fee is intended to incentivize OCal Program participation during the first year, which will be crucial to the OCal Program’s success. ISOR, page 80.

The annual registration renewal fee shall be twenty-six percent (26%) of gross revenue earned from certification during the previous calendar year or a flat fee of $100, whichever is higher. §10601(b)(1). Registered certifying agents are required to notify the CDFA in writing of receipt of payment and the amount paid for OCal certification or recertification before CDFA will issue a certification number to an operation. §10408(b). The CDFA requires the amount paid for certification as a method of verifying that the annual renewal fee paid by the certifying agent is correct. ISOR, page 60.

 

Article 8. Compliance.

This final Article begins with stating that the CDFA may inspect, audit, review or investigate a certified operation’s or a registered certifying agent’s compliance with the OCal Program with or without prior notice. §10700. For instance, the department will conduct random spot checks and take field samples to confirm a certified operation’s compliance in connection with an investigation, when necessary. ISOR, page 82.

Article 8 authorizes the CDFA to initiate the following adverse actions against a registration, accreditation, or certification: Notice of Non-Compliance, Notice of Proposed Suspension, Notice of Proposed Revocation, or Notice of Suspension or Revocation. §10701(a). Likewise, a registered certifying agent may initiate the following actions on a certification: Notice of Non-Compliance, Notice of Proposed Suspension, or Notice of Proposed Revocation. §10701(b).

Notably, the CDFA may issue administrative fines of up to $17,952 per violation for knowingly labeling or selling products as “OCal” unless in accordance with the OCal Program or “Organic” unless in accordance with federal law. §10701(e)(1). A certified operation may be fined up to $20,000 and a registered certifying agent up to $25,000 for violating OCal Program regulations. §10701(e)(2) and (3).

Section 10702 charges the registered certifying agent with investigating suspected OCal non-compliance and credible complaints of OCal non-compliance by operations certified by that agent. The registered certifying agent is also required to notify the CDFA of the same and conduct their investigation pursuant to and in accordance with CDFA oversight. §10702 (b)-(g).

A written notification of non-compliance shall be sent to any certified operation when an inspection, audit or review by the registered certifying agent reveals any non-compliance. §10703(b). Such notice of non-compliance will provide a date by which the OCal operator shall submit a rebuttal or evidence of correction for each issue of non-compliance. §10703(b)(3). In accordance with §10703(c) and (d), and depending on the operation’s response, the registered certifying agent will issue either a notification of resolution or a proposed suspension or revocation. A notification of proposed suspension or revocation shall state the right to request mediation or an appeal. §10703(d)(5).

If the registered certifying agent or CDFA has reason to believe that a certified operation has willfully violated OCal Program regulations, the registered certifying agent or CDFA shall send the certified operation a notice of proposed suspension or revocation of certification of the entire operation or a portion of the operation, as appropriate. §10703(e). If the certified operator fails to correct the non-compliance, successfully rebut the alleged violation, request mediation or file an appeal, the CDFA shall issue a written notice of suspension or revocation that includes applicable fines. §10703(f). If the certified operation has requested mediation or filed an appeal, a notification of suspension or revocation shall not issue while final resolution of either is pending. §10703(f)(1). A certified operation whose certification has been suspended may apply for reinstatement in accordance with §10703(g)(1). However, a certified operation whose certification has been revoked will be ineligible for certification for a period of 5 years. §10703(g)(3). Any certification dispute, whether based on denial, suspension or revocation may be mediated in accordance with §10704.

The non-compliance procedure for registered certifying agents is laid out at §10705. The procedure closely tracks that for addressing non-compliance by certified operators except that adverse action is taken against a registered certifying agent’s OCal accreditation or registration, as opposed to an operator’s OCal certification. §10705(c). If a registered certifying agent’s accreditation or registration is suspended or revoked, that agent shall cease all certification activities and shall transfer all OCal certification records to the CDFA. §10705(f). A certifying agent whose accreditation or registration is suspended may submit a request for reinstatement, but a certifying agent whose accreditation or registration has been revoked will be ineligible to be accredited or registered for a period of at least 3 years. §10705(g).

Section 10706 introduces an appeals process for a certified operation or certifying agent (respondent) to appeal a denial, fines, or proposed notice of suspension or revocation. Appeals must be submitted within 30 calendar days as a written request for informal hearing in accordance with §10707 and shall be processed and heard in accordance with the procedures set forth at §10708 – §10710. Within 30 days from the dated of decision, respondent may seek review in the Superior Court of an appeal that is overruled.  §10710(d).

The final sections of the CDFA’s proposed regulations address OCal testing for prohibited substances. §10711 requires certified operators to make their OCal production materials and cannabis products available for examination and sampling by the CDFA and registered certifying agent. Registered Certifying Agents must conduct periodic residue testing of OCal cannabis and shall, on an annual basis, sample and test from a minimum of 5% of the operations they certify. §10711(c) and (d). In addition, certified operations must provide their registered certifying agents with a copy of the Certificate of Analysis for any batch tested that is destroyed. §10711(h). If a batch was held or destroyed due to residue from prohibited substances, or if a registered certifying agent detects such residue through its own testing, an investigation shall take place. §10711(g) and (h). When residue testing detects contamination or prohibited substances at levels greater than 0.01 parts per million, the cannabis product shall not be sold, labeled or represented as OCal. §10712. Likewise, when a prohibited substance is applied to an otherwise compliant certified operation due to a federal or state emergency pest or disease treatment program, the certification status of such operation shall not be affected, but any harvested cannabis that has had contact with the prohibited substance cannot be identified, marketed or sold as OCal. §10713.

 

PUBLIC COMMENT ON PROPOSED OCAL REGULATIONS

The 45-day public comment period on the proposed regulations remains open.Written comments on the proposed regulations are due by July 7, 2020. Comments should be sent via email to CDFA.CalCannabis_OCal@cdfa.ca.gov or by mail to:

California Department of Food and Agriculture

Attn: Kristi Armstrong

CalCannabis Cultivation Licensing Division

Proposed OCal Regulations

P.O. Box 942871

Sacramento, CA 94271

 

CDFA VIDEO “INTRODUCING CDFA’S OCAL PROGRAM”

The California Department of Food and Agriculture (CDFA) has released a video entitled “Introducing CDFA’s OCal Program” with a quick overview of the proposed statewide certification program intended to establish comparable-to-organic cannabis standards:

youtube.com/watch?v=3eQ-B8VhAAk&feature=youtu.be

 

MORE INFORMATION

If you or your business need help submitting comments or presenting feedback on the proposed regulations, or planning new business ventures in compliance with the OCal Program, please reach out to The Law Offices of Omar Figueroa.  We’re happy to have earned a reputation for high quality legal advice, assistance, and representation!

 

This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding CDFA’s OCal Program or other topics related to cannabis or hemp, please contact the Law Offices of Omar Figueroa at info@omarfigueroa.com or 707-829-0215 to schedule a confidential legal consultation.

Skip to content