Cal. Code Regs. tit. 17, § 23230 – Fees for the Industrial Hemp Enrollment and Oversight Authorization.

(a) Calculating gross annual revenue.
1. (1) If a new applicant does not have prior sales and revenue, the new applicant must base gross annual revenue upon expected sales and revenue during the 12 months following the date of the industrial hemp enrollment and oversight authorization application.
2. (2) For a manufacturer that sells or transfers products containing industrial hemp in a non-arm's length transaction, the gross annual revenue for such transactions must be based on the product's fair market value if it were to be sold in an arm's length transaction at wholesale.
3. (3) For purposes of this section, an “arm's length transaction” means a sale entered into in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction.
The applicant must calculate gross annual revenue for the product category in subpart (b) and (c) for which industrial hemp enrollment and oversight authorization is sought. Gross annual revenue is based on the annual gross sales and revenue from manufacturing products containing industrial hemp for the 12 months preceding the date of the industrial hemp enrollment and oversight authorization application.
(b) Industrial hemp enrollment and oversight authorization fees for industrial hemp manufacturers of extract.
The industrial hemp enrollment and oversight authorization fee for a new or renewal authorization is in the charts below and is based on gross annual revenue as described in subpart (a).
INDUSTRIAL HEMP MANUFACTURERS OF EXTRACT
Tier
Gross Annual Revenue
Extract
1
Less than or equal to $100,000
$2,750
2
$100,001 to $500,000
$3,500
3
$500,001 to $1,500,000
$5,000
4
$1,500,001 to $3,000,000
$7,000
5
$3,000,001 to $5,000,000
$9,500
6
$5,000,001 to $10,000,000
$13,500
7
$10,000,001 to $20,000,000
$18,500
8
$20,000,001 to $30,000,000
$24,000
9
$30,000,001 to 50,000,000
$32,000
10
More than $50,000,000
$42,000
(c) Industrial hemp enrollment and oversight authorization fees for industrial hemp manufacturers of human food, processed pet food, cosmetics, and inhalable products.
The industrial hemp enrollment and oversight authorization fee for a new or renewal authorization is indicated in the charts below and is based on gross annual revenue as described in subpart (a).
INDUSTRIAL HEMP MANUFACTURERS OF HUMAN FOOD, PROCESSED PET FOOD, COSMETICS, AND INHALABLE PRODUCTS
Tier
Gross Annual Revenue
Human Food
Processed Pet Food
Cosmetics
Inhalable Product
1
Less than or equal to $100,000
$1,900
$1,300
$1,600
$1,700
2
$100,001 to $500,000
$2,800
$2,000
$2,400
$2,600
3
$500,001 to $1,500,000
$3,700
$2,500
$3,000
$3,300
4
$1,500,001 to $3,000,000
$4,700
$3,000
$3,600
$4,000
5
$3,000,001 to $5,000,000
$5,900
$3,600
$4,300
$4,800
6
$5,000,001 to $7,500,000
$7,100
$4,300
$5,200
$5,700
7
$7,500,001 to $12,500,000
$8,500
$5,200
$6,200
$6,800
8
$12,500,001 to $17,500,000
$9,900
$6,200
$7,400
$8,100
9
$17,500,001 to $25,000,000
$11,500
$7,400
$8,800
$9,700
10
More than $25,000,000
$14,000
$9,000
$10,500
$12,000

All industrial hemp manufacturers must pay industrial hemp enrollment and oversight authorization fees as follows:

Note: Authority cited: Sections 100275, 110065, 131000, 131050, 131051, 131052 and 131200, Health and Safety Code. Reference: Section 111923.5, Health and Safety Code.

History

1. New section filed 6-28-2022 as an emergency; operative 7-5-2022 (Register 2022, No. 26). Pursuant to Health and Safety Code section 110065, this action is a deemed emergency submitted to OAL for filing and printing only. A Certificate of Compliance must be transmitted to OAL by 1-3-2023 or the emergency language will be repealed by operation of law on the following day.

2. New section, including amendment of subsection (a), refiled 12-8-2022 as an emergency; operative 12-29-2022 (Register 2022, No. 49). Pursuant to Health and Safety Code section 110065, this action is a deemed emergency submitted to OAL for filing and printing only. A Certificate of Compliance must be transmitted to OAL by 6-27-2023 or emergency language will be repealed by operation of law on the following day.

3. Certificate of compliance as to 12-8-2022 order, including amendment of section, transmitted to OAL 4-28-2023 and filed 6-12-2023; operative 6-12-2023 (Register 2023, No. 24). Pursuant to Health and Safety Code section 110065(c), this action is exempt from the APA and submitted to OAL for filing and printing only.