When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California Statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
APPROVED SEED CULTIVAR. A variety of hemp approved to be grown by a commercial hemp entity and shall include cultivars certified by all the following:
(1) Member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers' Association;
(2) Organization of Economic Cooperation and Development;
(3) A seed-certifying agency pursuant to Cal. Food and Agriculture Code §§ 52401 et seq.
CANNABIS. All parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, CANNABIS does not mean "industrial hemp" as defined by this chapter and by Cal. Health and Safety Code § 11018.5.
COUNTY OF SAN BENITO or COUNTY. The County of San Benito, as a political subdivision of the State of California or entity, and/or as related to the land or jurisdiction to which this chapter applies, means the unincorporated area of the County of San Benito.
COMMERCIAL HEMP ENTITY. A person who engages in the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensing, or sale of hemp and/or hemp for commercial purposes.
CULTIVATION. Any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of hemp.
DRIED FLOWER. All dead hemp that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
ENFORCING OFFICER. The San Benito County Administrative Officer, Health Officer, Resources Management Agency Director, Sheriff, or Agricultural Commissioner, or their authorized deputy(ies) or designee(s), or any person employed by the County of San Benito and appointed to the position of Code Enforcement Officer, as established by San Benito County Resolution No. 90-27 and Ordinances 567 and 625, each of whom is independently authorized to enforce this chapter.
ESTABLISHED AGRICULTURAL RESEARCH INSTITUTION or RESEARCH HEMP ENTITY. A person that is either:
(1) A public or private institution or organization that maintains land or facilities for agricultural research, including colleges, universities, agricultural research centers, and conservation research centers; or
(2) An institution of higher education (as defined in Section 1001 of the Higher Education Act of 1965 (20 U.S.C. § 1001)) that grows, cultivates or manufactures industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research.
H.E.M.P. The Hemp Entities Management Program established under this chapter.
HEMP or INDUSTRIAL HEMP. A crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent (0.3%) 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. For the purpose of this chapter, HEMP shall not be subject to the provisions of Chapter 7.02 of this code.
HEMP CONCENTRATE. Hemp that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a hemp plant is a concentrate for purposes of this chapter.
HEMP ENTITY. Both commercial and research hemp entities.
HEMP GOODS. Both hemp and/or hemp products.
HEMP PRODUCTS. Hemp that has undergone a process whereby the plant material has been transformed into a concentrate including, but not limited to, concentrated hemp, or an edible or topical product containing hemp or concentrated hemp and other ingredients.
H.E.M.P. REGISTRATION. The annual registration with the County Agricultural Commissioner required under this chapter, state, and/or federal law.
LEGAL PARCEL. A parcel of real property for which one legal title exists that may be separately sold in compliance with the Subdivision Map Act, Cal. Gov’t Code §§ 66410 et seq.
MANUFACTURE. To produce, prepare, propagate, or compound, or otherwise blend, extract, or infuse hemp and/or a hemp product either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
MANUFACTURED HEMP. Raw hemp that has undergone a process whereby the raw hemp has been transformed into a concentrate, extract, or other manufactured product intended for internal consumption, through inhalation, oral ingestion, or for topical application, or any other use in which the hemp is used, including, but not limited to building material, food, fuel, medicine, paper, plastic substitute, rope and textiles.
NON-VOLATILE SOLVENT. Any solvent used in the extraction process that is not a volatile solvent as defined in Cal. Health and Safety Code § 11362.3(b)(3). NON-VOLATILE SOLVENT includes carbon dioxide (CO2) used for extraction and ethanol, when used for extraction or post-extraction processing.
OWNER. Any of the following:
(1) A person with an aggregate ownership interest of 20% or more in the hemp entity seeking registration, unless the interest is solely a security, lien, or encumbrance.
(2) The Chief Executive Officer, or other manager, of a non-profit or other entity.
(3) A member of the board of directors of a non-profit.
(4) An individual who will be participating in the direction, control, or management of the hemp entity seeking registration, or who has a financial interest in the entity other than a fixed lease of real property.
PERSON. 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, and the plural as well as the singular.
PREMISES. The designated structure(s) and land of a legal parcel specified in the application that is owned, leased, used, possessed, or otherwise held under the control of the registered hemp entity will be or is conducted. The PREMISES shall be a contiguous area.
RAW HEMP. Shall include hemp flowers, hemp leaves, or other categories of harvested hemp, categories for unprocessed or frozen hemp or immature plants, or hemp that is shipped directly to manufacturers.
REGISTERED HEMP ENTITY. Any person who has properly registered a hemp entity with the county pursuant to this chapter.
REGISTERING AUTHORITY. The County Agricultural Commissioner who is responsible for the issuance, renewal, or reinstatement of the H.E.M.P. registration, and authorized to take disciplinary action against any registered hemp entity.
REGISTRANT. An owner applying for H.E.M.P. registration pursuant to this chapter.
SEED BREEDER. Registered hemp entity that develops seed cultivars intended for sale or research.
SEED CULTIVAR. A variety of hemp.
SENSITIVE USE. Any of the following:
(1) CHURCH. A structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.
(2) Licensed child care facility.
(3) Licensed child care home.
(4) Licensed CHILD DAY CARE FACILITY means a facility that provides non-medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. CHILD DAY CARE FACILITY includes:
(a) DAY CARE CENTER means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.
(b) EMPLOYER-SPONSORED CHILD CARE CENTER means any child day care facility at the employer's site of business operated directly or through a provider contract by any person
or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer.
(c) FAMILY DAY CARE HOME means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.
(5) SCHOOL means an institution of learning for minors, whether public, private, or charter, offering a regular course of instruction required by the California Education Code, or any licensed child or day care facility. This definition includes a nursery school, pre-school, transitional kindergarten, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.
(6) SCHOOL BUS STOP means any location designated in accordance with Cal. Code of Regulations § 1238, to receive school buses, as defined in Cal. Vehicle Code § 233, or school pupil activity buses, as defined in Cal. Vehicle Code § 546.
(7) SCHOOL EVACUATION SITE means any location designated by formal action of the governing body, superintendent, or principal of any school as a location to which juveniles are to be evacuated to, or are to assemble at, in the event of an emergency or other incident at the school.
(8) YOUTH CENTER means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
(a) Private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten or more video games or game machines or devices are operated and where minors are legally permitted to conduct business, or similar amusement park facilities.
(b) A park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or state parks.
(c) This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist's office or doctor's office primarily serving children, or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.
(9) YOUTH-ORIENTED FACILITY means elementary school, middle school, high school, public park, any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominately minors.
VOLATILE SOLVENT. Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of VOLATILE SOLVENTS include, but are not limited to, butane, hexane, and propane.
(Ord. 989, § 1, 2019)