Amended by Stats. 2016, Ch. 403, Sec. 2. (AB 1826) Effective January 1, 2017.
organic.
California Food and Agricultural Code — §§ 46000-46029
Amended by Stats. 2016, Ch. 403, Sec. 2. (AB 1826) Effective January 1, 2017.
organic.
Amended by Stats. 2016, Ch. 403, Sec. 3. (AB 1826) Effective January 1, 2017.
This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code and regulations adopted by the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)).
Amended by Stats. 2016, Ch. 403, Sec. 4. (AB 1826) Effective January 1, 2017.
Amended by Stats. 2017, Ch. 561, Sec. 61. (AB 1516) Effective January 1, 2018.
one member and his or her alternate shall be representatives of an accredited certifying agency operating in the state, one member and his or her alternate shall be consumer representatives, one member and his or her alternate shall be environmental representatives, two members and their alternates shall be technical representatives with scientific credentials related to agricultural chemicals, toxicology, or food science, and one member and his or her alternate shall be retail representatives. Except for the consumer, environmental, and technical representatives, the members of the advisory committee and their alternates shall have derived a substantial portion of their business income, wages, or salary as a result of services they provide that directly result in the production, handling, processing, or retailing of products sold as organic for at least three years preceding their appointment to the advisory committee. The consumer and environmental representatives and their alternates shall not have a
financial interest in the direct sales or marketing of the organic product industry and shall be members or employees of representatives of recognized nonprofit organizations whose principal purpose is the protection of consumer health or protection of the environment. The technical representatives and their alternates shall not have a financial interest in the production, handling, processing, or marketing of the organic products industry. The technical representatives may be involved in organic research or technical review providing they have no financial benefit from results of the research project or technical review.
of a member shall not be considered in determining a quorum.
Amended by Stats. 2024, Ch. 456, Sec. 1. (SB 1117) Effective January 1, 2025.
state licensing, registration, inspection, and fee collection procedures applicable to registrants.
Amended by Stats. 1996, Ch. 1023, Sec. 69. Effective September 29, 1996.
procedures for commencing an investigation within three working days after receiving a complaint regarding fresh food, and within seven working days for other food, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 60 days thereafter.
Amended by Stats. 2024, Ch. 456, Sec. 3. (SB 1117) Effective January 1, 2025.
Unless defined pursuant to the National Organic Program (NOP), the following words and phrases, when used in this act, shall have the following meanings:
of like commodity, such as apples, salad products, etc., and does not require variety-specific information.
standards.
trading, facilitating a sale or trade on behalf of a seller or oneself, importing to the United States, exporting for sale in the United States, combining, aggregating, culling, conditioning, treating, packing, containerizing, repackaging, labeling, storing, receiving, and loading.
that detects, identifies, and measures the presence of chemical substances, their metabolites, or degradation products in or on raw or processed agricultural products.
product that is sold or labeled as organically produced under the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) is produced and handled using organic methods.
Repealed and added by Stats. 2002, Ch. 533, Sec. 7.5. Effective January 1, 2003.
This act shall apply notwithstanding any other provision of law that is inconsistent with this act. Nothing in this act is intended to repeal any other provision of law not inconsistent with this act.
Amended by Stats. 1996, Ch. 1023, Sec. 71. Effective September 29, 1996.
At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, within the enforcement jurisdiction of that commissioner.
Amended by Stats. 2016, Ch. 403, Sec. 8. (AB 1826) Effective January 1, 2017.
this chapter.
Added by Stats. 2002, Ch. 533, Sec. 9. Effective January 1, 2003.
respective jurisdiction.
Amended by Stats. 2010, Ch. 393, Sec. 7. (AB 2612) Effective January 1, 2011.
Any person subject to this act that does not pay the registration fee within 10 days of the date on which the fee is due and payable shall pay a penalty of 10 percent of the total amount determined to be due plus interest at the rate of 1.5 percent per month on the unpaid balance.
Amended by Stats. 1996, Ch. 1023, Sec. 75. Effective September 29, 1996.
This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
Amended by Stats. 2016, Ch. 403, Sec. 9. (AB 1826) Effective January 1, 2017.
of the organic sector.
Repealed and added by Stats. 2002, Ch. 533, Sec. 12.5. Effective January 1, 2003.
This act shall not apply to the term “natural” when used in the labeling or advertising of a product.
Amended by Stats. 2016, Ch. 403, Sec. 10. (AB 1826) Effective January 1, 2017.
Article 14 (commencing with Section 43031) of Chapter 2 applies to any food product that is represented as organically produced by any person who is not registered as required by this chapter or any product that is not in compliance with this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. The secretary, agricultural commissioners, and the director shall be considered enforcing officers for purposes of those provisions of law under their respective jurisdiction.
Amended by Stats. 2010, Ch. 393, Sec. 8. (AB 2612) Effective January 1, 2011.
Any producer, handler, processor, or registered certification organization subject to this chapter that does not pay the fee within 10 days of the date on which the fee is due and payable shall pay a penalty of 10 percent of the total amount determined to be due plus interest at the rate of 1.5 percent per month on the unpaid balance.
Amended by Stats. 2024, Ch. 456, Sec. 4. (SB 1117) Effective January 1, 2025.
products pursuant to Section 110460 of the Health and Safety Code, and pet food pursuant to Section 18653, and cosmetics pursuant to Section 111795 of the Health and Safety Code, including processors of alcoholic beverages, fish, and seafood, shall register with the State Public Health Officer.
mushrooms, cut flowers, and nursery.
registration or, if no sales were made in the preceding year, then based on the expected sales during the 12 calendar months following the date of registration in accordance with the following fee schedule. The secretary, in consultation with the California Organic Products Advisory Committee, may lower the amounts specified in the following fee schedule by regulation.
sorts, or otherwise handles the product, including, but not limited to, trading the product or facilitating the sale or trade of the product on behalf of a seller, and (C) provides only handling services for the product, shall register and pay one hundred dollars ($100) per year.
accordance with the fee schedule in paragraph (1).
necessary to provide an online system of registration for those required to register pursuant to this section.
to this chapter.
Amended by Stats. 2024, Ch. 456, Sec. 5. (SB 1117) Effective January 1, 2025.
person, the secretary or county agricultural commissioner shall provide the following:
(A) The name and address of the registrant.
(B) The nature of the registrant’s business.
(C) The names of all certification organizations or governmental entities, if any, providing certification pursuant to this act.
registration program set forth in this section if the secretary determines that income derived from registration fees is insufficient to support a registration enforcement program.
registration fee is not paid within 60 days from the expiration date, the account shall be considered closed and the registration voided. A notification shall be sent to the registrant and the certifier, if applicable, notifying them the registrant is no longer able to market products as organic until the account is paid in full.
Amended by Stats. 1996, Ch. 1023, Sec. 77. Effective September 29, 1996.
This chapter also applies to seed, fiber, and horticultural products. The terms “foods” and “raw agricultural commodities” as used in this chapter, and in Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, include seed, fiber, and horticultural products where the context requires to effectuate this section.
Amended by Stats. 2021, Ch. 615, Sec. 127. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
made available to the public for inspection and copying. The secretary may audit the agency’s certification procedures and records at any time, but any records of the certification agency not otherwise required to be disclosed shall be kept confidential by the secretary.
This program shall meet all of the requirements of this act. In addition, this program shall meet all of the requirements of the federal certification program, including federal accreditation. The secretary shall establish a fee schedule for participants in this program that covers all of the secretary’s reasonable costs of the program. A county agricultural commissioner that conducts a voluntary certification program pursuant to this section shall establish a fee schedule for participants in this program that covers all of the county’s reasonable costs of the program. The secretary shall not expend funds obtained from registration fees collected under this chapter for the purposes of adopting or administering this program. The certification fee authorized by this subdivision is due and payable on January 1 or may be prorated before the 10th day of the month following the month in which the decision to
grant the certification is issued. Any person who does not pay the amount that is due within the required period shall pay the enforcement authority providing the certificate a penalty of 10 percent of the total amount determined to be due, plus interest at the rate of 1.5 percent per month on the unpaid balance.
operations.
the Government Code.
Amended by Stats. 2016, Ch. 403, Sec. 14. (AB 1826) Effective January 1, 2017.
Amended by Stats. 2016, Ch. 403, Sec. 15. (AB 1826) Effective January 1, 2017.
A registered certification agency shall submit to the secretary every January and June a list of all persons whose production or processing of product in California is certified. The list shall be publicly available within 30 days after the end of each filing period. A certifier that keeps a current list on an Internet Web site available to the public may be deemed to meet this requirement.
Amended by Stats. 2016, Ch. 403, Sec. 16. (AB 1826) Effective January 1, 2017.
Only products that have been produced and handled in accordance with this act may be certified by a registered certification agency.
Repealed and added by Stats. 2002, Ch. 533, Sec. 21.5. Effective January 1, 2003.
Materials acceptable in this state are those outlined in Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations.
Amended by Stats. 2024, Ch. 456, Sec. 6. (SB 1117) Effective January 1, 2025.
minimum information requirements to determine the verifiability of a complaint, and may provide for rejection of a complaint that does not meet the requirements. The secretary shall provide written notice of the reasons for rejection to the person filing the complaint.
Added by Stats. 2002, Ch. 533, Sec. 23. Effective January 1, 2003.
Amended by Stats. 2024, Ch. 456, Sec. 7. (SB 1117) Effective January 1, 2025.
A person may appeal to the secretary for a hearing under Section 205.668 of Title 7 of the Code of Federal Regulations or if aggrieved by any one of the following actions or decisions:
Amended by Stats. 2024, Ch. 456, Sec. 8. (SB 1117) Effective January 1, 2025.
The appeal shall be submitted to the secretary in writing within the time period provided in the letter of notification of the adverse action or within 30 days of receipt of the letter of notification of the adverse action, whichever is later. The appeal shall be considered filed on the date the appeal is received by the secretary. An adverse action shall become final and nonappealable unless an appeal is timely filed. The secretary’s proceeding shall, insofar as practicable, comply with the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that a Department of Food and Agriculture hearing officer may be used.
Amended by Stats. 2016, Ch. 403, Sec. 18. (AB 1826) Effective January 1, 2017.
As provided for in regulations adopted by the NOP, the action proposed by an NOP accredited certification agency against a client may be appealed to the secretary for mediation.
Amended by Stats. 2024, Ch. 456, Sec. 9. (SB 1117) Effective January 1, 2025.
in subdivision (a), if the secretary or county agricultural commissioner finds that a person or a responsibly connected person knowingly sells or labels a product as organic, in violation of this act, any regulation adopted pursuant to this act, or regulations adopted by the NOP, the secretary or county agricultural commissioner may levy a civil penalty against the person in an amount that is not more than the amount specified in Section 3.91(b)(1)(xxxvi) of Title 7 of the Code of Federal Regulations for each violation. For purposes of this section, “responsibly connected” has the same meaning as defined in Section 205.2 of Title 7 of the Code of Federal Regulations.
dollars ($2,500) for each violation.
decision of the secretary or county agricultural commissioner may be requested in writing by any person, pursuant to Section 1094.5 of the Code of Civil Procedure within 30 days of the date of the final order of the secretary or county agricultural commissioner.
by a county agricultural commissioner pursuant to this section may be recovered in a civil action brought in the name of the county. After the exhaustion of the review procedures provided in this section, a county agricultural commissioner, or their representative, may file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty and, if applicable, a copy of any order that denies a petition for a writ of administrative mandamus with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
copying upon request, a list of all civil penalties levied by the secretary and by each county agricultural commissioner within the past five years, including the amount of each penalty, the person against whom the penalty was levied, and the nature of the violation. Copies of this list shall also be available by mail, upon written request and payment of a reasonable fee, as set by the secretary.
Amended by Stats. 2024, Ch. 456, Sec. 10. (SB 1117) Effective January 1, 2025.
The secretary and the county agricultural commissioners may conduct a program of announced and unannounced spot inspections to determine compliance with this act.
Added by Stats. 2002, Ch. 533, Sec. 29. Effective January 1, 2003.
At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this act and the NOP within the enforcement jurisdiction of that commissioner.
Amended by Stats. 2024, Ch. 456, Sec. 11. (SB 1117) Effective January 1, 2025.
engaged in producing or processing the product.
Amended by Stats. 2024, Ch. 456, Sec. 12. (SB 1117) Effective January 1, 2025.
agent shall be subject to Section 1001 of Title 18 of the United States Code.
Amended by Stats. 2024, Ch. 456, Sec. 13. (SB 1117) Effective January 1, 2025.
Added by Stats. 2002, Ch. 533, Sec. 33. Effective January 1, 2003.
It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Section 46028.
Added by Stats. 2002, Ch. 533, Sec. 34. Effective January 1, 2003.
organic product.
Amended by Stats. 2024, Ch. 456, Sec. 14. (SB 1117) Effective January 1, 2025.
No food or product shall be advertised or labeled as “organic when available,” or “better than organic,” or use terminology that leaves in doubt whether the food or product being sold is organic.
Amended by Stats. 2024, Ch. 456, Sec. 15. (SB 1117) Effective January 1, 2025.
All persons who produce, handle, or retail products that are sold as organic shall keep accurate and specific records as required by the secretary in consultation with the California Organic Products Advisory Committee and as required by the National Organic Program.
Amended by Stats. 2021, Ch. 615, Sec. 128. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
Section 7920.000) of Title 1 of the Government Code.
and agencies authorized to acquire records under subdivision (a):
of public access to records required to be kept by producers, processors, handlers, and retailers under this act.
Division 4 of the Civil Code).