Article 3. Solvent Use and Safety

§17202.1. General Requirements for Extraction and Post-Extraction Processing.

(a) A licensed manufacturer that uses a volatile solvent, a flammable liquid, or a solvent that creates an asphyxiant gas shall ensure that the solvent is used in accordance with the requirements of:

1. Chapter 39 of the California Fire Code;
2. Title 8, California Code of Regulations, sections 5416-5420, which includes ensuring adequate ventilation and controlling sources of ignition;
3. All Division of Occupational Safety and Health (Cal/OSHA) regulations related to the processing, handling, and storage of the applicable solvent; and
4. All fire, safety, and building code requirements related to the processing, handling, and storage of the applicable solvent or gas.

(b) No volatile solvent extraction or post-extraction processing operations or other closed-loop system operations shall occur in an area zoned as residential.

Authority cited: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5, 26105 and 26130, Business and Professions Code.

BACK TO TOP

§17203. Permissible Extractions.

(a) Except as provided in subsection (b), cannabis extraction shall only be conducted using the following methods:

1. Mechanical extraction;
2. Chemical extraction using a nonvolatile solvent, as defined in section 15000(uu).
3. Chemical extraction using CO2 gas in a professional closed-loop extraction system.
4. Chemical extraction using a volatile solvent, as defined in section 15000(yyy), in a professional closed-loop extraction system; or
5. Any other method authorized by the Department pursuant to subsection (b).

(b) To request authorization from the Department to conduct cannabis extraction using a method other than those specified in subsections (a)(1) through (4), the applicant or licensee shall submit a detailed description of the extraction method, including any documentation that validates the method and any safety procedures to be utilized to mitigate any risk to public or worker health and safety.

Authority: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5 and 26130, Business and Professions Code.

BACK TO TOP

§17204. Solvent Requirements.

(a) Any solvents used for extraction or post-extraction processing shall meet the following minimum purity requirements:

1. Hydrocarbon-based solvents shall be at least 99 percent purity.
2. Nonhydrocarbon-based solvents shall be food-grade.
3. CO2 gas used for extraction shall be food-grade.
4. Ethanol shall be food-grade in accordance with 21 CFR, part 184, subpart B, section 184.1293.
   1. Solutions of ethanol may be used if the ethanol component is food-grade and it is combined with another food-grade solvent or a hydrocarbon-based solvent that meets the requirements of subsection (a)(1).
   2. Solutions of ethanol that include one or more volatile solvents that total 5% or less by volume of the total ethanol solution volume are considered nonvolatile solvents as defined in section 15000(uu).
5. Water and ice shall be potable.
6. Dry ice shall be food-grade.

(b) The licensed manufacturer shall maintain copies of the safety data sheets for any chemical solvents used and make these records readily available to employees and to the Department upon request.

(c) The licensed manufacturer shall maintain documentation evidencing the purity of any chemical solvents used and make these records readily available to employees and to the Department upon request.

Authority: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5, 26105 and 26130, Business and Professions Code.

BACK TO TOP

§17205. Additional Requirements for Ethanol Operations.

A licensed manufacturer that uses ethanol in manufacturing operations for extractions or post-extraction processing shall receive approval for the facility and equipment from the local fire code official prior to commencing operations, if required by local ordinance.

Authority cited: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5 and 26130, Business and Professions Code.

BACK TO TOP

§17206. Closed-Loop Extraction System Requirements.

(a) Chemical extractions using CO2; a volatile solvent; or chlorofluorocarbon, hydrocarbon, or other fluorinated gas shall be conducted in a professional closed-loop extraction system designed to recover the solvents that are certified in accordance with section 17206.1.

(b) The licensed manufacturer shall establish and implement procedures to ensure that the closed-loop extraction system is maintained in accordance with the equipment manufacturer specifications. The licensed manufacturer shall maintain logs documenting the date(s) of maintenance; description of the maintenance done, including any machine parts that were replaced; and the initials of the employee conducting the maintenance.

(c) The licensed manufacturer shall establish and implement procedures to ensure routine verification that the system is operating in accordance with equipment manufacturer specifications and continues to comply with fire, safety, and building code requirements. The licensed manufacturer shall conduct any verification recommended by the equipment manufacturer. The licensed manufacturer shall maintain logs documenting the date(s) of verification, description of the verification method, and the initials of the employee conducting the verification.

(d) A licensed manufacturer shall develop and implement written standard operating procedures, good manufacturing practices, and a training plan prior to using the closed- loop system. Any personnel using solvents or gases in a closed-loop system shall have direct access to applicable safety data sheets. Personnel shall be trained on how to use the system and handle and store solvents and gases safely prior to operating the system. The training shall be documented in accordance with section 17211.1.

(e) Professional closed-loop systems, other equipment used, the extraction operation, and facilities shall be approved for use by the local fire code official prior to commencing operation of the closed-loop system, if required by local ordinance. Licensed manufacturers shall provide documentation confirming compliance with this subsection to the Department upon request.

(f) The facility shall have a gas detection system that meets the requirements of title 24, California Code of Regulations, sections 3905.1-3905.2.

(g) All procedures and logs described in this section shall be in writing and made available to the Department upon request.

Authority: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5, 26105 and 26130, Business and Professions Code.

BACK TO TOP

§17206.1. Certification of Closed-Loop Systems.

(a) The closed-loop system shall be commercially manufactured and bear a permanently affixed and visible serial number.

(b) After installation and before use of a closed-loop system, the licensed manufacturer shall have the closed-loop system certified by a California-licensed engineer that the system was commercially manufactured, safe for use with the intended solvent, and built and installed to codes of recognized and generally accepted good engineering practices. The certification document shall contain:

1. The name, signature and stamp of the California-licensed professional engineer;
2. The serial number of the extraction unit being certified;
3. A list of the solvent(s) deemed safe for use with the equipment; and
4. The address of the premises where the extraction unit was certified.

(c) The licensed manufacturer shall maintain the current certification document and make it available to the Department upon request.

(d) The closed-loop system shall be recertified if any of the following occur:

1. The system is modified in a manner such that its operation no longer conforms to the original equipment manufacturer specifications, such as by adding or removing components that expand or reduce its capacity.
2. The system is moved to a different premises.
3. Five years have elapsed since the date of the certification.

Authority: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5, 26130 and 26132, Business and Professions Code.

BACK TO TOP