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

LibraryCalifornia Register
Published date03 January 2020
Year2020
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

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