Chapter 16 — INDUSTRIAL HEMP AGRICULTURAL REGISTRATION AND REGULATIONS

Section

• 33.1601 Purpose.
• 33.1602 Definitions.
• 33.1603 County Agricultural Commissioner Registration.
• 33.1604 Cultivation Requirements.
• 33.1605 Inspection and Sampling Program.
• 33.1606 Registration Revocation or Non-Renewal.
• 33.1607 Registration Revocation Appeal.
• 33.1608 Destruction of Non-Compliant Industrial Hemp Crops.
• 33.1609 Abatement Costs and Bond.
• 33.1610 Fees.
• 33.1611 Administration and Enforcement.
• 33.1612 Registered Hemp Entity Responsible for Violations.
• 33.1613 Limitations on County Liability.

The purpose of this Chapter is to regulate industrial hemp cultivation within the unincorporated area of the County to promote agricultural diversification while protecting the environment, public safety, welfare of the County, and preventing the unlawful cultivation of cannabis under the guise of industrial hemp. Provisions of this Chapter are in addition to any other permits, licenses and/or approvals which may be required to conduct business in the County, including those found in Title 8 (the Development Code), and are in addition to any permits, licenses, registrations and/or approvals required under Federal, State or other law. All registered hemp entities must comply with the provisions of this Chapter and all applicable provisions of Federal and State law and all associated regulations, as may be amended. (Ord. 4445, passed - -2022)

The definitions in this Section are intended to apply to this Chapter only. Any term which is not specifically defined herein shall have the definition as provided by Chapter 2, Division 1 of Title 1 of the County Code. COUNTY. Refers to San Bernardino County, as a political subdivision or entity of the State of California and/or, as it relates to the land or jurisdiction to which this Chapter applies, refers to the unincorporated area of San Bernardino County. CULTIVATION. Any activity involving the propagation, planting, growing, breeding, harvesting, drying, curing, or other development of industrial hemp plants or propagative material. CULTIVATION shall not include the manufacture or retail sale of industrial hemp or industrial hemp products. CULTIVATION SITE. Contiguous land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both. ENFORCEMENT OFFICER. Shall have the same meaning as defined in § 11.0202 of the County Code. INDUSTRIAL HEMP. Shall have the same meaning as defined in Food and Agricultural Code § 81000, and as hereafter amended. INDUSTRIAL HEMP ACTIVITY or ACTIVITIES. Includes, but is not limited to the cultivation, possession, distribution, manufacture, storage, laboratory testing, packaging, labeling, transportation, delivery, dispensing or wholesale of industrial hemp. INDUSTRIAL HEMP ACTIVITIES do not include the retail sale of industrial hemp or industrial hemp products to the public. PERSON. Means without limitation, any natural person, firm, association, club, organization, corporation, partnership, business, trust, company or other entity. REGISTERED HEMP ENTITY. Any person who has properly registered an industrial hemp activity with the County. This includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, institution, or any other group or entity, or combination acting as a unit. (Ord. 4445, passed - -2022)

(a) Before cultivating industrial hemp within the County, a person must register with the County Agricultural Commissioner and comply with the registration requirements of Food and Agricultural Code §§ 81003 through 81005. (b) The County Agricultural Commissioner may refuse to accept a registration, including a renewal registration, for any premises upon which an industrial hemp activity is being conducted, or is proposed to be conducted, in violation of this Chapter. (c) Every applicant for an industrial hemp registration must show proof of ownership or a notarized lease agreement to show they have the present ability to cultivate or manufacture on the property subject to the applicable entitlements. In addition to the notarized lease agreement, an applicant that does not own the property where industrial hemp is to be grown must submit a notarized form from the owner with their registration application acknowledging that industrial hemp is to be grown on the property and that the owner understands that any violations of this Chapter may result in all applications to cultivate industrial hemp on their property being denied pursuant to § 33.1611 (Administration and Enforcement). (d) The person who registers to cultivate industrial hemp pursuant to this Chapter must provide photographic identification, in a form acceptable to the County Agricultural Commissioner, with their registration for copying and keeping by the County Agricultural Commissioner. If the person is a sole proprietor, a partnership, a limited liability corporation, or any other type of corporate form, photographic identification for all key participants, as defined by Code of Regulations Title 3, § 4902, shall be required. (e) No registration or renewal shall be granted without the proper entitlements first being issued for the property as required by Title 8 of the County Code (the Development Code). (f) The acceptance of a registration pursuant to this Chapter shall not be deemed or construed to be a permit for or approval of any violation of this Chapter. (g) Every applicant required to submit a bond pursuant to § 33.1609 shall submit a bond or other form of security acceptable to the County Agricultural Commissioner in the amount of 100 percent of the estimated cost to fully abate all industrial hemp that will be grown on the site in the event that it does not meet requirements for legal harvest under applicable laws and regulations. The financial security provided shall be released to the applicant after the County Agricultural Commissioner determines that the security is no longer needed or once the registration is no longer valid. (h) The acceptance of a registration shall not prevent an enforcement officer from thereafter requiring correction of a violation or from preventing the industrial hemp activity being carried out when in violation of this Chapter. (i) A registration issued by the County Agricultural Commissioner under this Chapter does not grant any entitlement or interest in real property, nor does it create any interest of value, and it does not run with the land. A person that has obtained a registration from the County Agricultural Commissioner shall not transfer ownership or control of the registration to another person as the registration is non-transferable and automatically terminates upon transfer of ownership. Any attempt to transfer ownership shall cause the registration to be automatically revoked. (Ord. 4445, passed - -2022)

The following standards shall apply to the cultivation of industrial hemp: (a) A registered hemp entity shall comply with all provisions of Federal law, California law, associated regulations applicable to the cultivation of industrial hemp, including, but not limited to, requirements for cultivation, sampling, laboratory testing, harvesting, and crop destruction. (b) A registered hemp entity shall submit all reports required by California law and associated regulations, including, but not limited to a planting report, pre-harvest report, harvest report, and destruction report. All reports must be submitted to the County Agricultural Commissioner within the timeframes required by the Food and Agricultural Code and associated regulations. (c) All sites used for the cultivation of industrial hemp shall have onsite signage indicating that hemp is being cultivated on site. The signs shall: (1) Be of a size so that the wording on the sign is clearly visible and readable from a distance of 25 feet; and (2) Use letters and symbols, that are of a color that sharply contrasts with their immediate background; and (3) Have the name and contact information for the responsible party for the grow site; and (4) Be posted at the corners of the parcel and at all usual points of entry to the parcel. (d) The registered hemp entity shall be actively registered with the County Agricultural Commissioner. (Ord. 4445, passed - -2022)

(a) All cultivation sites are subject to inspection and sampling by the County Agricultural Commissioner and the Sheriff, or their designees, to verify compliance with all laws including that the delta-9 tetrahydrocannabinol concentration of the hemp planted on site does not exceed 0.3 percent on a dry weight basis. The County Agricultural Commissioner or Sheriff may select any and all registered hemp entities for inspection. (b) The County Agricultural Commissioner and/or Sheriff may inspect and take samples from any site during normal business hours without advance notice. The County Agricultural Commissioner and/or Sheriff may also conduct such additional inspection and sampling to verify compliance with this Chapter and all Federal and State laws and regulations. Testing shall be in conformance with State requirements. (c) A sample test result with a delta-9 concentration on a dry weight basis greater than 0.3 percent shall constitute evidence that at least one hemp plant or part of a plant on the cultivation site contains a delta-9 concentration on a dry weight basis of more than 0.3 percent and that the registered hemp entity is not in compliance with this Chapter or State or Federal law. Sample test results with a delta-9 concentration on a dry weight basis greater than 0.3 percent shall be provided to the appropriate law enforcement agencies. (Ord. 4445, passed - -2022)

An industrial hemp cultivation registration may be revoked or not renewed by the County Agricultural Commissioner in the following situations: (a) If the County Agricultural Commissioner determines, after conducting State approved testing, that industrial hemp is being grown with a delta-9 tetrahydrocannabinol concentration of three percent or greater on a dry weight basis; (b) If, after first confirming that an industrial hemp crop has been planted, it is discovered by the County Agricultural Commissioner that the industrial hemp crop has been harvested, destroyed, or in any way removed from a cultivation site without submitting a pre-harvest report and harvest report as required by Code of Regulations Title 3, §§ 4940 and 4946 or a destruction report as required by Code of Regulations Title 3, § 4950; (c) Industrial hemp crops being removed from a property while an enforcement officer is in the process of testing samples for delta-9 tetrahydrocannabinol concentration pursuant to § 33.1611(b); (d) If a registered hemp entity fails to provide an enforcement officer with complete and unrestricted access during business hours to all industrial hemp and other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, and storage of all industrial hemp and other cannabis plants, and all locations registered as a cultivation site; (e) Falsifying a criminal history report required by Code of Regulations Title 3, § 4902(b); (f) Failing to pay all abatement costs required by § 33.1610; (g) Where a registered hemp entity commits a negligent violation three times in a five-year period. For purposes of this Section, a NEGLIGENT VIOLATION includes: (1) Growing an industrial hemp crop with a delta-9 tetrahydrocannabinol concentration greater than one percent, but less than three percent, on a dry weight basis; (2) Failing to provide a legal description of the land on which industrial hemp is grown; (3) Failing to register as required by § 33.1603; or (4) Failing to provide signage at the grow site identifying it as industrial hemp cultivation. (h) For purposes of subdivision (g), the County Agricultural Commissioner will provide the registered hemp entity a corrective action plan with a reasonable date by which the registered hemp entity shall correct the negligent violation. Failing to comply with the corrective action plan and applicable deadlines will be presumed an intentional violation of this Chapter and subject the registered hemp entity to revocation of their registration. (i) If a registration is revoked pursuant to this Section, a registered hemp entity shall not be permitted to reapply or renew their application for three years. (Ord. 4445, passed - -2022)

Notwithstanding any other administrative procedure of this jurisdiction, and unless otherwise specified by State law or within this Code, the following administrative procedure shall be applied for all County Agricultural Commissioner hearings pertaining to the revocation or non-renewal of an industrial hemp cultivation registration issued pursuant to § 33.1603. (a) An appeal made under this Section shall be made in writing, addressed to the County Agricultural Commissioner, within 30 calendar days of notice of the denial, suspension, or revocation of the industrial hemp cultivation registration. (b) The hearing officer shall be appointed by the County Agricultural Commissioner to hear such appeals. Any such appointee shall be a person who has no knowledge of the facts of the particular case at the outset of the hearing, and a person not immediately involved with enforcement activities pertaining to industrial hemp cultivation. As an alternative to the preceding, the County Agricultural Commissioner may instead contract with the Office of Administrative Hearings of the State of California pursuant to Government Code § 27727. (c) The hearing shall be held within 45 calendar days after receipt of a request for a hearing. Upon written request of the permit holder, the hearing officer may postpone the hearing date or it may be postponed or continued by stipulation of the parties. If the party notified does not respond or appear, no further hearing procedure shall be required. (d) At the hearing, the registered hemp entity shall be given an opportunity to review the County Agricultural Commissioner’s evidence and to present evidence on its own behalf. Any witness shall swear or affirm to tell the truth. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing and irrelevant and unduly repetitious evidence shall be excluded. (e) If an administrative hearing is requested, a proposed decision and order shall be made by a hearing officer within 60 calendar days of the conclusion of the hearing. The final decision and order shall be made by the County Agricultural Commissioner. This order shall be mailed to the appealing party and is effective as of the date on the notice. (Ord. 4445, passed - -2022)

(a) Industrial hemp that does not comply with all provisions of Federal law, State law, this Chapter and the associated regulations applicable to the cultivation of industrial hemp, including, but not limited to, requirements for cultivation, laboratory testing, harvesting, destructions, and reporting, shall be destroyed. (b) Destruction shall proceed as provided for in all applicable laws and regulations, including, but not limited to, Food and Agricultural Code § 81006 and Code of Regulations Title 3, §§ 4950 and 4950.1, as may be amended. (c) A registered hemp entity that fails to destroy industrial hemp as described in the approved destruction plan shall forfeit the bond required by this Chapter up to the amount that is necessary to reimburse all actual costs of County initiated abatement and the County Agricultural Commissioner shall proceed to destroy the non-compliant hemp. (d) Industrial hemp that is non-compliant or has been abandoned by the registered hemp entity shall be abated in a manner approved by the County Agricultural Commissioner. The registered hemp entity and the property owner shall be liable for all costs incurred by the County to abate the non-compliant hemp beyond the amount of the forfeited bond. In the event that no bond was required for issuance or renewal of the registration pursuant to § 33.1609(c), the registered hemp entity and property owner shall be liable for all costs incurred by the County. (e) Once an industrial hemp crop is harvested, destroyed or removed, the registered hemp entity and the property owner, if different, are jointly responsible for abating all regrowth from the harvested or destroyed crop. Failure to comply will result in the County abating the property and the registered hemp entity and property owner, if different, will be severally liable for applicable costs. (Ord. 4445, passed - -2022)

(a) County staff shall be reimbursed for all time, services, and materials required to implement, administer, and enforce this Chapter, Federal law, State law, and all applicable regulations associated with the cultivation, testing, etc. of hemp. (b) An applicant’s or registered hemp entity’s failure to pay all fees attributable to County costs incurred pursuant to this Chapter shall be cause for denial or non-renewal of a registration until all outstanding obligations have been paid in full. (c) A bond in the amount of $1,250.00 per acre shall be submitted upon issuance or renewal of the registration to reimburse the County for the cost of destruction in the event that the applicant or registered hemp entity does not adequately destroy the hemp in a manner approved by the County Agricultural Commissioner and consistent with the provisions of this Chapter, Federal law, State law and all applicable regulations, and any other costs incurred by the County Agricultural Commissioner as a result of this Chapter. Existing registered hemp entities with a valid registration at the time of the effective date of this ordinance may continue cultivation of industrial hemp, at the existing cultivation site identified on the registration, without payment of this bond provided the registered hemp entity timely renews and continues to maintain a valid hemp registration. Should a registration expire, be suspended, not be renewed or be revoked pursuant to § 33.1606, any subsequent registration will require payment of this bond. (d) The registered hemp entity will be charged for the Commissioner to witness destruction, mileage, and direct and indirect labors costs and materials associated with the destruction. (Ord. 4445, passed - -2022)

Pursuant to Food and Agriculture Code § 81005, the Board of Supervisors may establish a schedule of fees, in an amount necessary to cover the costs of the County Agricultural Commissioner and the County in implementing, administering, and enforcing the provisions of Federal, State, and local laws, regulations and ordinances pertaining to industrial hemp. Such fees may include, but are not limited to, costs for licensing, inspections, monitoring, sampling, testing, enforcement, and abatement/destruction. Said fees may be updated from time to time by the Board of Supervisors. Failure to pay all fees attributable to County costs incurred as a result of the cultivation or manufacturing of industrial hemp shall serve as a basis for suspension, revocation or nonrenewal of the registration with the County Agricultural Commissioner until all outstanding fees are paid in full. (Ord. 4445, passed - -2022)

(a) Administration. The County Agricultural Commissioner, Sheriff, or their respective designees, are charged with the responsibility of administering and exercising the authority conferred under this Chapter, as applicable. The County Agricultural Commissioner, or their respective designees, are authorized to establish additional rules, regulations, or standards governing the issuance or denial of industrial hemp cultivation registrations, the ongoing operation of industrial hemp cultivation, and the County’s monitoring and inspection activities if the rule, regulation, or standard is necessary to carry out the purposes of this Chapter. (b) Consent to Entry, Inspection and Additional Testing. Registered hemp entities consent, as a condition of the issuance of any industrial hemp registration, to the entry by enforcement officers to make such inspections and to take such actions as may be necessary to enforce the provisions of this Chapter. To the extent reasonably necessary to verify that the industrial hemp contains less than 0.3 percent tetrahydrocannabinol concentration, registered hemp entities consent to additional testing by enforcement officers, which shall be at the cost and expense of the registered hemp entity. If samples are taken for testing, the County Agricultural Commissioner and/or Sheriff, or their designees, may issue an order to the registered hemp entity requiring that no industrial hemp be removed or harvested from the property until testing results are returned or 10 days, whichever occurs first. (c) Violations. Every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by Chapter 2, Division 1 of Title 1 of the County Code. (d) Compliance with Federal, State and Local Laws. It shall be the responsibility of the owners and employees of the registered hemp entity to ensure that it is, at all times, operating in a manner compliant with all applicable Federal, State and local laws and/or regulatory, licensing or certification requirements, and any specific, additional operating procedures or requirements which may be imposed by the County. (Ord. 4445, passed - -2022)

The registered hemp entity shall be responsible for any and all violations of Federal, State and/or local laws, as well as any regulations promulgated under this Chapter, whether committed by the registered hemp entity, any employee or agent of the registered hemp entity. (Ord. 4445, passed - -2022)

To the fullest extent permitted by law, the County shall not assume any liability whatsoever with respect to having registered any industrial hemp entity pursuant to this Chapter. (Ord. 4445, passed - -2022)