§ 10-14

(a) This chapter generally bans all industrial hemp cultivation and related activities, including manufacturing, processing, storage and associated activities, except for limited exemptions provided herein.

(b) In adopting ordinances that comprise this chapter, the Board of Supervisors has expressly recognized that commercial markets for industrial hemp and hemp products are developing rapidly, with the potential for significant growth over time. As the hemp industry develops, and as more information regarding conflicts with licensed cannabis cultivation sites, the potential for nuisance odors, and related issues becomes known, the Board may reconsider and modify the restrictions on industrial hemp cultivation set forth in this chapter to facilitate more widespread cultivation and production of industrial hemp and hemp products within the County. The Board of Supervisors determines that these regulations provide needed clarity and direction, and that such regulations are reasonably necessary to protect public health, safety and welfare.

(§ 1, Ord. 1519, eff. April 9, 2020, as amended by § 2, Ord. 1532, eff. January 14, 2021)

For purposes of this chapter:

(a) "Cultivation" shall mean the tilling, growing, raising, harvesting, and other cultivation practices of industrial hemp for uses authorized by this chapter.

(b) "Greenhouse" means a structure or thermally isolated area of a building that maintains a specialized sunlit environment used for and essential to the cultivation, protection, or maintenance of plants. For the purposes of this chapter, cultivation in a greenhouse (including mixed-light) is considered an indoor use.

(c) "lndoor(s)" means within a fully enclosed and secure structure that complies with the California Building Code, as adopted by the County of Yolo, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as 2" x 4" or thicker studs overlain with 3/8" or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. For the purposes of this chapter, cultivation in greenhouses and enclosed nurseries are considered indoor operations, and buffers do not apply.

(d) "Industrial hemp" shall have the meaning set forth in Food and Agricultural Code § 81000 and Health & Safety Code § 11018.5, as may be amended from time to time. As of the date of adoption of this chapter, those authorities define industrial hemp as "a crop that is limited to types of the plant Cannabis sativa L. having no more than threetenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant: the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom."

(e) "Manufacturing" shall mean to compound, blend, extract, infuse, or otherwise make or prepare an industrial hemp product.

(f) "Nursery stock" shall have the meaning outlined in Food and Agricultural Code Section 5005.

(g) "Processing" shall mean drying, curing, grading, or trimming of industrial hemp, as well as any similar postharvest activities that involve readying harvested industrial hemp for manufacturing activities or other work to prepare

a commercial product.

(h) "Registration" shall mean the industrial hemp registration process pursuant to the California Food and Agricultural Code sections 81000 through 81011 with the Agricultural Commissioner and, in addition, registration in connection with all other uses permitted by this chapter.

(i) "Seed breeder" means an individual or public or private institution or organization that is registered with the Yolo County Agricultural Commissioner to develop seed cultivars intended for sale or research.

(j) "Storage" shall mean the act of maintaining harvested industrial hemp in a fully enclosed and secure structure that complies with the California Building Code, as adopted by the County of Yolo, on a temporary basis until it can be lawfully transferred to an authorized distributor or other non-retail purchaser.

(k) "Transplant" is a cultivated hemp plant grown from seed or cutting in soil or individual containers for less than 8 weeks that does not exceed a height of eight (8) inches.

(§ 1, Ord. 1519, eff. April 9, 2020, as amended by § 2, Ord. 1532, eff. January 14, 2021)

No person or entity shall engage in industrial hemp cultivation, manufacturing, processing, or storage within the unincorporated area of the County, and no County permit, registration, or approval of any type shall be issued therefor. This prohibition is subject to the following exceptions, which shall be narrowly interpreted:

(a) The indoor cultivation of hemp in a structure dedicated solely to the cultivation of hemp for purposes of nursery stock, transplants, research or seed breeding. Effective pollen control methods to minimize pollen escape and offsite migration shall be utilized. All other indoor cultivation of industrial hemp is prohibited.

(b) The Agricultural Commissioner is authorized to monitor, inspect, and take all other appropriate actions to determine whether indoor hemp cultivation complies with this exemption and other applicable legal requirements, and to take enforcement action (including but not limited to abatement) or refer violations to other departments or agencies with authority to abate or otherwise address a violation.

(c) Manufacturing, processing, and storage activities that are incidental to the lawful cultivation of industrial hemp conducted in full compliance with the exemptions set forth herein for nursery stock, transplants, research or seed breeding within the County.

(d) Storage of harvested industrial hemp at a facility used for such purpose as February 25, 2020. To utilize this exemption, prior to April 9, 2020, the owner or an authorized lessee of the storage facility must complete a registration form provided by the Agricultural Commissioner to establish a record of the existing use. The form shall be accompanied by certified laboratory test results relating to THC content and any other information reasonably required by the Agricultural Commissioner to implement this exemption. Stored hemp shall be subject to inspection and retesting at the sole cost and expense of the responsible party upon request by the Agricultural Commissioner or Sheriff. If the storage of industrial hemp at said facility thereafter ceases, it may not be renewed. (§ 1, Ord. 1519, eff. April 9, 2020, as amended by § 2, Ord. 1532, eff. January 14, 2021)

The violation of this chapter constitutes a public nuisance and may be abated in accordance with the abatement procedures set forth in Chapter 20 of Title 5 (Marijuana Cultivation) of the Yolo County Code, as may be amended from time to time, and by any other means available by law. As authorized by Government Code § 25132, and except as otherwise provided by state law, any person or entity violating any provision of this chapter shall be guilty of a misdemeanor.

(§ 1, Ord. 1519, eff. April 9, 2020, as amended by § 2, Ord. 1532, eff. January 14, 2021)

If any section, subsection, sentence, clause or phrase of this ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid. (§ 1, Ord. 1519, eff. April 9, 2020, as amended by § 2, Ord. 1532, eff. January 14, 2021)

To the extent that there is any conflict between the provisions of this ordinance and the provisions of any other County Code, ordinance, resolution or policy, all such conflicting provisions shall be suspended. This ordinance expressly supersedes uncodified ordinances 1505, 1508, and 1516, each of which shall be of no further force or effect upon its effective date.

(§ 1, Ord. 1519, eff. April 9, 2020, as amended by § 2, Ord. 1532, eff. January 14, 2021)