ATTENTION CULTIVATORS, PROCESSORS AND NURSERIES: CDFA INSPECTIONS ARE HERE
June 30, 2020
by Tiffany Carrari, Associate Transactional Attorney
Last year, we at the Law Offices of Omar Figueroa published a blog post explaining items on California Department of Food and Agriculture (CDFA) Inspection Forms that had been produced in July of 2019 by the CDFA in response to a California Public Records Act request submitted by our office.
CDFA has recently been conducting environmental compliance cannabis inspections with 24-hours notice, using the Inspection Report linked here:
This update provides an overview of the current Inspection Report, which provides some guidance as to what inspectors may be looking for during inspections of cultivators, processors and nurseries. It is important to keep in mind that all licensees and applicants are subject to inspection by CDFA, which may be conducted in coordination with other agencies, and without prior notice. See California Code of Regulations, Title 3, Division 8, Chapter 1 (“CDFA Regs”), §8500(a) and (b), §8501(b).
The form itself is simple, comprised of two substantive pages and a third page for notes. The first page contains basic identifying information at Section 1: Background Data, a Summary at Section 2: Summary, and identifies the inspector (as well as other agencies present) at Section 3: Inspector.
Section 1: Background Data – A quick look at this first section indicates that the Inspection Report is a multi-purpose form utilized for 1st inspections, re-inspections and renewal inspections of cultivation, processor and nursery operations. Identification of the Premises includes address, APN (Assessor’s Parcel Number), license size and number. Also included is the total number of separate licenses and licensees located on the same premises. There is also space for the name and contact information of the business’s authorized representative at the time of inspection.
Section 2: Summary – Provides a simplistic overview of seven compliance categories (2a.-2g.): Property, Premises, Waste Management, Pest Management, Lighting, Water Source and Track-and-Trace. Note that inspections of lighting and pest management do not apply to processing operations and that only cultivations would be inspected for lighting. On page 1, each of the compliance categories will simply be checked off as “complete” or “incomplete.” However, spacing on the form indicates that additional room has been provided for simple notes, perhaps to indicate bullet points of deficiencies for any “incomplete” designations.
Section 3: Inspector – provides for the inspector’s first and last name, as well as some space to indicate the presence of “other agencies” during the inspection. A look at CDFA Regs §8500(b) tells us that “other agencies” present could be the California Department of Fish and Wildlife and the State Water Resources Control Board.
Page 2 of the Inspection Report contains a detailed breakdown at Section 4: License Requirements, of the 7 compliance categories listed at 2a. – 2g. on page 1. It also contains Section 5: Photo Checklist and the beginning of Section 6: Side Notes which continues through page 3.
Section 4: License Requirements presents as a checklist with Yes, No and N/A options. This simple format indicates that the Inspection Report is carried out on a pass/fail type of basis, you are either in compliance (checked yes), not in compliance (checked no), or the category doesn’t apply to your operation (checked N/A).
The Property checklist at 2a. has five categories to check whether your license is prominently displayed; your property diagram is compliant and matches your operations; your weighing devices are up to code and, when used for a commercial purpose, operated by a licensed weighmaster; and that Cal-Osha training has been completed in accordance with §8102(b)(b). Section 5 indicates that photos will be taken of your posted license, sealed scales, and weighmaster certificate.
Section 2b. Premises is separated into categories for Cultivation, Nursery and Processor. Cultivation related inspections will check that your canopy is in the correct location and that your canopy size is within license limit. The following locations will be inspected for compliance if applicable to your cultivation: pesticide/chemical storage area, harvest storage area, administrative hold area, cannabis waste area, immature plant area, processing area, packaging area and designated shared areas. In accordance with Section 5, photos will be taken of your canopy, as well as the above-listed cultivation areas.
The location, size and number of immature plants within your nursery will be inspected, as well as your seed production and research and development areas. Pictures will also be taken of your plants, seed production and R&D operations. Processors will be subject to inspection of and having pictures take of their processing area, harvest storage area, cannabis waste area, and any packaging area.
Section 2c. asks if your Waste Management methods are compliant and match the waste management plan submitted to CDFA and seeks to check the availability of waste records required pursuant to §8308(k).
Section 2d. requires inspection of a cultivation or nursery operation’s pest management plan to ensure regulatory compliance and conformity with the pest management plan submitted to CDFA in accordance with §8106(a)(3) (cultivations) and §8106(b)(2) (nurseries).
Section 2e. Lighting Diagram checks the number and wattage of lights in a cultivation’s canopy area and asks the inspector to determine the average wattage per square foot and whether the lighting is matches records submitted to CDFA in conformance with §8106(a)(2).
Water Source identification, location and conformity with submitted records will be determined at Section 2f. and pictures will be taken of the same.
Finally, inspection to determine an operation’s compliance with California Cannabis Track-and-Trace will be determined in accordance with Section 2g. and pictures will be taken of an operation’s completed shipping manifests. An operation’s Track-and-Trace records must match its inventory of Mature Plants, Immature Plants, and cannabis packages, and all inventory requiring UID must be tagged.
If you are a cultivator, processor or nursery, it might be a good time to dust off and revisit written plans, diagrams and documentation previously submitted to CDFA, using the Inspection Report as a reference to ensure that your operation is compliant and operated in accordance with the documents on record. This will illuminate anything that has changed or any areas in which you may be deficient in any of the Inspection Report Checklist categories.
Please do not hesitate to reach out to The Law Offices of Omar Figueroa for more information related to CDFA inspections, we are happy to help you evaluate your operation to ensure compliance before a CDFA inspector shows up at your door!
This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding CDFA inspections or other topics related to cannabis or hemp, please contact the Law Offices of Omar Figueroa at info@omarfigueroa.com or 707-829-0215 to schedule a confidential legal consultation.