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That legislation, Assembly Bill 45, allows CBD derived from hemp to be produced and sold in the state once it meets rigorous testing and regulatory requirements, established in the bill.
An urgency measure that received bipartisan support in the Legislature, AB 45 goes into effect immediately.
Hemp is not marijuana. While both hemp and marijuana are members of the cannabis family, they are uniquely distinctive plants.
Hemp-derived CBD does not produce a “high” because CBD derived from hemp contains only trace amounts — less than 0.3% — of THC, the psychoactive component in marijuana products.
AB 45 caps the amount of THC in any hemp product at that 0.3% level, guaranteeing the product will not be intoxicating.
Consumers in California have been seeking out hemp-derived CBD because it can provide relief from pain, inflammation, anxiety, insomnia and other conditions.
Many people have been purchasing hemp-derived CBD products over the internet, and at their local natural foods shops, fitness centers and health stores for some time, without the knowledge that these products are illegal and unregulated.
In fact, seniors are a significant portion of the people choosing to use hemp CBD, because they do not want to visit a marijuana dispensary.
“California consumers have been unwittingly purchasing unregulated hemp CBD products for far too long,” said Aguiar-Curry. “AB 45 puts in place a rigorous system for testing and labeling hemp CBD so that we can be sure these products are safe in our state. I want to thank Gov. Newsom for his partnership in helping develop this legislation, and the economic and health benefits that will result.”
State Sen. Ben Allen (D-Santa Monica) partnered with Aguiar-Curry in this effort, carrying companion legislation in the State Senate this year.
“With this bill we were looking to lessen the bureaucratic barriers that prevent cannabis licensees from creating products that can treat debilitating medical conditions like epilepsy, anxiety, and chronic pain,” said Allen. “Now, with AB 45, many promising hemp-derived CBD products are a step closer to reaching the Californians who really need them.”
Aguiar-Curry worked closely with representatives of the hemp industry in crafting the legislation to ensure its workability for growers and CBD producers while putting in place stringent regulatory authority to ensure the hemp CBD products Californians consume is clearly labeled and non-intoxicating.
“The hemp community owes Asm. Aguiar-Curry a deep debt of gratitude for her extraordinary leadership during our three year battle to ensure that hemp products such as CBD could be legally sold in California,” said Jonathan Miller, general counsel to the US Hemp Roundtable, a sponsor of the legislation. “AB 45 will make a meaningful difference in the lives of hemp farmers, small businesses and product consumers, and its passage would not have been possible without Asm. Aguiar-Curry’s passionate persistence.”
“We cannot thank the author enough for her tireless and unparalleled work to get comprehensive hemp regulations passed. Assembly member Aguiar-Curry has been steadfast in her approach to create a level playing field between cannabis and hemp while protecting the health and safety of all Californians,” said Lindsay Robinson, executive director of the California Cannabis Industry Association. “AB 45 establishes a long overdue, comprehensive framework for the manufacture and sale of hemp products in California, but our work is not over. We look forward to working with the author on future legislation to establish a pathway for the incorporation of hemp into the cannabis supply chain.”
“This is an opportunity for California to make it easier for its people to access a non-intoxicating alternative product they want, and for farmers to establish themselves in a fast-growing industry,” Aguiar-Curry said. “As a farmer myself, I’m excited we can provide this opportunity for California farmers, manufacturers and retailers to benefit from a booming global market for food and topical CBD products. It’s a victory on so many levels, three years in the making.”
Aguiar-Curry represents the Fourth Assembly District, which includes all of Lake and Napa Counties, parts of Colusa, Solano and Sonoma counties, and all of Yolo County except West Sacramento.
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This measure will protect consumers and farmers by providing clear information about the source of the olives and olive oils in the products they buy.
“California has the best agricultural products, and the highest environmental and labor standards, in the world. Consumers look for California-grown foods because they associate California with quality. Allowing companies to trick consumers into thinking they’re buying a California product because they slap ‘California’ on their package undercuts everything we’re trying to accomplish as a State,” said Aguiar-Curry.
“Assembly member Aguiar-Curry has done California’s farmers a huge service by bringing the critical issue of truth in labeling to the forefront,” said McEvoy Ranch President Samantha Dorsey. While the passage of AB 535 will directly benefit California’s olive farmers, it also indirectly benefits any farmer growing and selling crops in the Golden State. McEvoy Ranch is celebrating the passage of this bill and will continue to hold open discussions with our customers to ensure that they understand the true value of California grown and produced olive oil.”
“We are pleased to see the Governor sign this bill and take a stand to defend California olive oil,” said the Tribal Council of the Yocha Dehe Wintun Nation. “Yocha Dehe Wintun Nation takes pride in our 100% California olive oil brand, Séka Hills, made with olives grown and milled in the Capay Valley in Yolo County. This legislation will help customers distinguish our premium products from products that are made with olives grown outside of California. This is good for California farmers, this is good for consumers, and we thank Assembly member Cecilia Aguiar-Curry for her continued efforts to protect California agriculture.”
California has had a thriving olive oil industry since the mid-19th century. The state produces approximately 4% of the world’s olive oil from over 75 varieties of olives.
Due to California’s well-established reputation for producing high-quality olive oils, the demand for California olive oil is steadily increasing.
Because of this spike in demand, there has been an increase in branding of olive oil with the term “California” or a California regional designation when the product on shelves is actually blended using oils sourced from other regions of the world, including Spain, North Africa and Argentina. Such blends have been found to contain as little as 14% of Californian olive oil.
As a result, a bottle of olive oil may be advertised and branded as “California” or a specific California region, but actually come from other countries. This has led to consumer confusion, and places California olive farmers and oil producers at a competitive disadvantage.
By establishing stronger guidelines for how olive oil producers follow in their branding, labeling, packaging, and advertising, AB 535 provides consumers with clear information about what they are purchasing.
AB 535 does not restrict blending oils from different sources and destinations, but it makes clear through establishing standards that when “California” is used, the disclosure label will tell the truth. This bill strengthens the integrity of the world renowned California olive oil brand.
Aguiar-Curry added, “This bill will ensure that consumers know exactly what they are buying, and it will help to support our local farmers who are producing world class oils from olives grown here in our California. These companies have made a lot of money by confusing consumers. But, their moment of making a profit off our state is coming to an end.”
AB 535 builds upon previous legislation from Sen. Wolk in 2014, who created the California Olive Oil Commission to distinguish the purity of California olive oil from imported alleged to contain counterfeit ingredients, and thereby penetrate the U.S. market.
The California Olive Oil Commission has found several brands of California olive oil which are currently misleading the public by using a California or regional name on their labels that deceptively imply olive oil grown in California is contained within the product.
Aguiar-Curry represents the Fourth Assembly District, which includes all of Lake and Napa Counties, parts of Colusa, Solano and Sonoma Counties, and all of Yolo County except West Sacramento.
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Thompson led the introduction of the WHIP+ Reauthorization Act in January 2021 and has championed it since, as he works to assist people in his district hit hard by the LNU Lightning Complex and Glass Fires in 2020.
His bill would reactivate the WHIP+ program, a critical lifeline for agricultural producers whose crops were ruined by smoke. President Biden is expected to sign this bill into law by the end of the day.
“Sadly, our district has been hit over and over by natural disasters, from devastating fires to one of the worst droughts in the last 50 years. These fires created terrible conditions for agricultural producers whose crops were ruined by smoke damage and need help as they recover,” said Thompson. “That’s why I have been working since the start of this Congress to pass my bill that reactivates the WHIP+ program to get critical Federal payments out to farmers whose crops were ruined by disasters, such as our recent fires. I’m proud to see this bill pass the House today and head to President Biden’s desk where it will be signed into law!”
“With the reauthorization of the WHIP+ program, California farmers who suffered crop losses from the 2020 wildfires and floods are moving closer to being made whole. This legislation would not have been reinstated without Congressman Thompson's relentless effort,” said Tawny Tesconi, executive director of the Sonoma County Farm Bureau. “For our local farmers, the Congressman ensured that smoke taint losses were specifically addressed in the bill, a big win for our county's robust winegrape growing industry.”
“Known for our world-class wines and commitment to cultivating excellence, the Napa Valley is a small place with a big impact. When natural disasters occur, the Wildfire and Hurricane Indemnity Program (WHIP+) is a critical economic recovery tool for our agricultural community,” said Linda Reiff, president & CEO of the Napa Valley Vintners. “We are very grateful to Congressman Thompson and his colleagues for their work to reactivate the WHIP+ program, which helps support everyone working hard in the vineyards and wineries and strengthens the resiliency of our treasured wine community.”
“Our Sonoma County grape growers appreciate how hard Congressman Thompson works to support our local farmers,” said Steve Dutton, partner and grower at Dutton-Goldfield. “He is relentless in ensuring his peers understand the importance of this program and funding to preserve local agriculture and our family farmers.”
“As a long term local grapegrower, I know far too well the devastating impact that fires have on growers like us. Smoke damage can devastate an entire year of production and really hurt the financial future of an entire vineyard,” said Andy Beckstoffer, owner of Beckstoffer Vineyards. “That’s why I’m grateful that Congressman Thompson has been so focused on reactivating the WHIP+ program and I’m so happy to see his bill signed into law today. This will go a long way to helping grapegrowers like me recover from the 2020 fires and continue producing the world-class wines for which our district is renowned.”
“The passage of WHIP+ is another example of Congressman Thompson’s commitment to helping Agriculture remain sustainable during disastrous events,” said Mike Sangiacomo, Partner at Sangiacomo Family Wines.
“Reactivation of the WHIP+ program is essential towards assisting California wine grape growers to partially recover from the disastrous effects of the 2020 wildfires which caused damage to vineyards, wineries and wines that many of us had never encountered before,” said Napa Valley Grapegrower Ernie Weir. “The resulting hardships have caused some to close their business and lose their livelihoods and others to hang on as best they can until some form of financial relief becomes available. We thank Congressman Thompson for his support and leadership in this effort to reactivate this program.”
Thompson introduced the WHIP+ Reauthorization Act in January 2021 with bipartisan support from Members of Congress up and down the West Coast in districts hit hard by disasters. The bill was then marked up and advanced by the House Agriculture Committee in July 2021. The bill then passed the House on September 21, 2021 as part of a government funding bill that was amended by the Senate and sent back to the House.
Thompson represents California’s Fifth Congressional District, which includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma counties.
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The act also includes supplemental aid to farmers and ranchers, who have endured one disaster after another.
California Farm Bureau President Jamie Johansson hailed the passage of the continuing resolution, which also reauthorizes the Wildfire and Hurricane Indemnity Program Plus program.
The WHIP+ program provides aid to agricultural communities across the U.S. that faced unprecedented hardships in 2020 and 2021 from drought, wildfires, hurricanes and other natural disasters that caused vast crop damage and devastation to farming operations.
“California’s farmers and ranchers have experienced substantial crop damage due to wildfire and drought over the past two years,” Johansson said. “In addition to crops being fallowed by drought conditions, our producers have seen their productive acreage burned or damaged by wildfire and smoke taint.
“This disaster assistance will provide California’s family farms with needed additional support, providing both stability for our farmers and a safeguard for America’s domestic food supply.”
Johansson thanked Reps. Mike Thompson (D-St. Helena) and Jimmy Panetta (D-Carmel Valley) and Sen. Alex Padilla (D-California) and expressed his appreciation for the support from many other members of the California congressional delegation.
The California Farm Bureau works to protect family farms and ranches on behalf of nearly 32,000 members statewide and as part of a nationwide network of nearly 5.6 million Farm Bureau members.