File #: 19-457    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 3/22/2019 In control: Agricultural Commissioner
On agenda: 4/2/2019 Final action: 4/2/2019
Title: Adoption of an Urgency Ordinance Establishing a Temporary Moratorium on the Cultivation of Industrial Hemp (4/5 Vote Required)
Attachments: 1. Staff Report, 2. Industrial Hemp - Humboldt County Urgency Ordinance je rev 9-21-19 jd.pdf, 3. Ordinance 2624, 4. POST-ADOPTION SUMMARY OF URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE CULTIVATION OF INDUSTRIAL HEMP 3-26-19.pdf, 5. Proof of Publication

To: Board of Supervisors

From: Agricultural Commissioner

Agenda Section: Departmental

SUBJECT:
title
Adoption of an Urgency Ordinance Establishing a Temporary Moratorium on the Cultivation of Industrial Hemp (4/5 Vote Required)
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the Interim Urgency Ordinance declaring a temporary moratorium on the cultivation of industrial hemp by "Established Agricultural Research Institutions" and any growers of industrial hemp within the unincorporated areas of Humboldt County based on the findings set forth within the Interim Urgency Ordinance under the provisions contained in California Government Code Sections 25123 (d) and 65858 (4/5 vote required); and
2. If adopted, direct the Clerk of the Board to publish the post-adoption summary of the ordinance within 15 days.

Body
SOURCE OF FUNDING:
N/A

DISCUSSION:
Passage of the Agriculture Improvement Act (2018 Farm Bill), created a legal pathway for industrial hemp to be grown not just by "established agricultural research institutions" (EARI) but by persons interested in the commercial production of industrial hemp. Although the Farm Bill and the California Industrial Hemp Law (Food and Agriculture Code (FAC) ?? 81000-81011) allows industrial hemp production, the California Department of Food and Agriculture (CDFA) has not created the state regulations that must be put in place before an individual (other than an EARI) can legally grow industrial hemp. Although registration with the Agricultural Commissioner to grow industrial hemp might have been expected to begin as soon as Jan. 1, 2019, the specific regulations describing registration and required pre-harvest testing procedures have not been approved. The Office of Administrative Law (OAL) may approve the registration fee to become effective as soon as April 3, 2019, or within 45 days thereafter, and CDFA has requested that the registration regulation become effective immediate...

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