California Register, 2020, Number 01. January 3, 2020

• Library: California Register
• Published date: 03 January 2020
• Year: 2020

Time-

Dated

Material

GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW

REGISTER 2020, NUMBER 1−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 3, 2020

PROPOSED ACTION ON REGULATIONS

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Agricultural Seeds, Vegetable Seeds — Notice File Number Z2019−1223−01 ................................. 1

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Japanese Beetle, Inspections for Compliance — Notice File Number Z2019−1223−03 .......................... 4

TITLE 4. CALIFORNIA HORSE RACING BOARD

Penalties for Medication Violations — Notice File Number Z2019−1220−04 ................................. 6

TITLE 4. CALIFORNIA HORSE RACING BOARD

Shockwave Therapy Restricted — Notice File Number Z2019−1220−03 .................................... 12

TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

General Industry Safety Orders Section 5189 — Process Safety Management of

Acutely Hazardous Materials, Appendix A List of Acutely Hazardous Chemicals,

Toxics, and Reactives (HORCHER) — Notice File Number Z2019−1220−02 ............................... 16

TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

General Industry Safety Orders Section 6051, 6056, 6057 — Commercial Diving

Operations — Notice File Number Z2019−1220−01 .................................................... 18

TITLE 14. FISH AND GAME COMMISSION

Mammal Tag Quotas — Notice File Number Z2019−1224−05 ............................................ 23

TITLE 14. FISH AND GAME COMMISSION

Waterfowl — Notice File Number Z2019−1224−07 .................................................... 27

TITLE 14. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

Pharmaceutical and Sharps Stewardship Project — Notice File Number Z2019−1223−02 ...................... 30

TITLE 18. DEPARTMENT OF TAX AND FEE ADMINSTRATION

Hospitals and Other Medical Facilities — Notice File Number Z2019−1224−02 ............................. 36

(Continued on next page)

PROPOSITION 65

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Chemical Listed Effective January 3, 2020 As Known to the State of California to

Cause Reproductive Toxicity (Development Endpoint): Cannabis (Marijuana)

Smoke and Tetrahydrocannabiol ................................................................... 50

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Safe Use Determination (SUD) Issuance Notice — Styrene .............................................. 51

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State .......................................................... 52

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing

notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the

California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the

California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore,

that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol

Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters

Business, and is offe red by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please

call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z

PROPOSED ACTION ON

REGULATIONS

Information contained in this document is

published as received from agencies and is

not edited by Thomson Reuters.

TITLE 3. DEPARTMENT OF FOOD

AND AGRICULTURE

The Department of Food and Agriculture proposes to

adopt Section 3899 in the regulations in Title 3 of the

California Code of Regulations pertaining to the Sched-

ule of Agricultural Seeds.

PUBLIC HEARING

A public hearing is not scheduled. However, a public

hearing will be held if any interested person, or his or

her duly authorized representative, submits a written re-

quest for a public hearing to the Department no later

than 15 days prior to the close of the written comment

period.

WRITTEN COMMENT PERIOD

Any interested person or his or her authorized repre-

sentative may submit written comments relevant to the

proposed regulation to the Department. Comments may

be submitted by USPS, FAX or email. The written com-

ment period closes on February 17, 2020. The Depart-

ment will consider only comments received at the De-

partment offices by that time or postmarked no later

than February 17, 2020. Submit comments to:

Dean Kelch, Environmental Program Manager

California Department of Food and Agriculture

Plant Health and Pest Prevention Services

2800 Gateway Oaks Drive, Suite #200

Sacramento, CA 95833

Dean.Kelch@cdfa.ca.gov

916.403.6650

916.651.2900 (FAX)

Unless there are substantial changes to the proposed

regulation prior to adoption, the Department of Food

and Agriculture may adopt the proposal as set forth in

this notice without further notice to the public.

INFORMATIVE DIGEST/PLAIN ENGLISH

OVERVIEW

The purpose of this amendment is to update the Sec-

tion 3899 to add Industrial Hemp, update various seed

scientific and common names to match current nomen-

clature, and fix alphabetical errors in the list. By harmo-

nizing this regulation with the industry standard, the

Department avoids ambiguity and ensures compatibili-

ty with standards followed by other states.

The proposed amendment of Section 3899 will in-

clude industrial hemp as an agricultural crop in the list

of plants and crops grown in California, and ensure that

industrial hemp seed that is sold is in compliance with

Chapter 2 of Division 18 of the California Food and

Agricultural Code (FAC), also known as the California

Seed Law.

The Department considered any other possible relat-

ed regulations in this area, and finds that these are the

only regulations dealing in this subject area, and the on-

ly State agency which can implement this proposed reg-

ulation. As required by Government Code Section

11346.5(a)(3)(D), the Department has conducted an

evaluation of this proposed regulation and has deter-

mined that it is not inconsistent or incompatible with ex-

isting state regulations.

Anticipated Benefits from This Regulatory Action

Including industrial hemp in the list of agricultural

crops will ensure seed is properly identified and of the

quality and amount specified on the label, and ensure

assessment of sales of such seed to cover the Depart-

ment’s costs to provide an orderly market place.

According to Vote Hemp, the United States has seen

significant growth in acreage of industrial hemp culti-

vation: 9,770 acres of industrial hemp were grown in

2016; 25,713 acres were grown in 2017; 78,176 acres

were grown in 2018. This rapid increase may have re-

sulted in seed sold that is of a character not represented

to the buyer.

The general amendment changes improve the quality

and comprehensibility of Section 3899, but they are

non−substantive.

ADOPTED TEXT

The adoption of this proposed regulation will add in-

dustrial hemp (Cannabis sativa L.) and its synonym

“Hemp” to section 3899(a) and to specify that the listing

applies to “industrial hemp” as defined in the FAC and

not to “cannabis” as defined in the Health and Safety

Code (HSC), and include a reference to the definition of

industrial hemp at the end of section 3899(a).

The adoption of this proposed regulation will also

make the following updates to scientific names where

necessary to match current accepted nomenclature.

1