Amended in Assembly April 5, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1826


Introduced by Assembly Member Mark Stone

February 8, 2016


An act to repeal and add Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code, and to amend Sections 110810, 110812, 110860,begin delete 110920, and 110925end deletebegin insert 110875, and 110920end insert of, to repeal Section 110870 of, and to repeal and add Sectionsbegin delete 110815, 110875,end deletebegin insert 110815end insert and 110958 of, the Health and Safety Code, relating to organic products.

LEGISLATIVE COUNSEL’S DIGEST

AB 1826, as amended, Mark Stone. Organic products.

Existing law, the California Organic Products Act of 2003 (the act), requires the Secretary of Food and Agriculture, county agricultural commissioners under the supervision and direction of the secretary, and the Director of the State Department of Public Health to enforce federal regulations governing the production, labeling, and marketing of organic products, as specified. The act requires certain persons engaged in the production, processing, or handling of organic products to annually register and pay a fee, as specified, and imposes penalties for specified violations of the act.

Existing federal law establishes the National Organic Program which requires operations that produce or handle organic agricultural products to comply with federal organic standards and be certified by a certifying agent, as specified.

This bill would revise and recast the California Organic Products Act of 2003 as the California Organic Food and Farming Act. The bill would specify that a person certified pursuant to the National Organic Program shall be deemed registered for purposes of thebegin delete state organic programend deletebegin insert State Organic Programend insert and that those operations do not require additional registration under the state law. The bill would require all other persons engaged in the production or handling of raw agricultural products sold as organic and retailers engaged in the production and processing of organic products to register with the county agricultural commissioner in the county of principal operation. The bill would require the secretary, in consultation with the California Organic Products Advisory Committee, to establish a registration fee for producers, handlers, retail food establishments, and certifyingbegin delete agents,end deletebegin insert agencies,end insert and would authorize the secretary to establish an annual fee for the purpose of funding activities authorized under the act based on gross annual organic sales. To the extent this bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.

The bill would require the secretary to establish a memorandum of understanding with the director to assist in administering thebegin delete state organic program,end deletebegin insert State Organic Program,end insert would authorize the secretary to establish procedures for and conduct specified activities to supplement enforcement of National Organic Program standards, as specified, and to usebegin delete state organic programend deletebegin insert State Organic Programend insert funds to conduct specified activities.

Existing law requires the director to enforce regulations promulgated by the National Organic Program relating to organic products.

This bill would state that certification under the National Organic Program shall be deemed registration for purposes of thebegin delete state organic program. The bill would require fees and penalties collected pursuant to the act for those purposes to be deposited into a separate subaccount of the Food Safety Account rather than the General Fund.end deletebegin insert State Organic Program.end insert The bill wouldbegin insert, among other things,end insert revise information that the director is required to annually compile, publish, and submit to the California Organic Products Advisory Committee.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Thebegin delete state organic programend deletebegin insert State Organic Programend insert was first
4established under the California Organic Products Act of 1990 and
5amended in the California Organic Products Act of 2003. Thebegin delete state
6organic programend delete
begin insert State Organic Programend insert was developed before
7and during the development of federal organic standards. Today,
8a robust federal organic certification and enforcement program
9exists.

10(b) As a result of thebegin delete state organic program,end deletebegin insert State Organic
11Program,end insert
California certified organic producers pay more fees,
12are subject to duplicate registration and extra documentation, and
13are required to comply with more regulation than producers outside
14of California to use the same organic label.

15(c) As a result of thebegin delete state organic program,end deletebegin insert State Organic
16Program,end insert
the National Organic Program focuses its enforcement
17funds outside of California, and it relies on thebegin delete state organic
18program’send delete
begin insert State Organic Program’send insert additional fees on California
19producers to fund enforcement in California.

20(d) The purpose of amending the existing law governing the
21begin delete state organic programend deletebegin insert State Organic Programend insert is to reform fees
22and paperwork and to create a framework whereby state organic
23program enforcement activities are designed to supplement
24National Organic Program-funded enforcement in California.

25

SEC. 2.  

Chapter 10 (commencing with Section 46000) of
26Division 17 of the Food and Agricultural Code is repealed.

27

SEC. 3.  

Chapter 10 (commencing with Section 46000) is added
28to Division 17 of the Food and Agricultural Code, to read:

 

P4    1Chapter  10. California Organic Food and Farming Act
2

2 

3Article 1.  General Provisions
4

 

5

46000.  

(a) This chapter and Article 7 (commencing with
6Section 110810) of Chapter 5 of Part 5 of Division 104 of the
7Health and Safety Code shall be known and may be cited as the
8California Organic Food and Farming Act.

9(b) The secretary and county agricultural commissioners under
10the supervision and direction of the secretary shall enforce
11regulations adopted by the National Organic Program (NOP)
12(Section 6517 of the federal Organic Foods Production Act of 1990
13(7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with
14Section 110810) of Chapter 5 of Part 5 of Division 104 of the
15Health and Safety Code and this act applicable to any person selling
16products as organic.

17(c) This chapter shall be interpreted in conjunction with Article
187 (commencing with Section 110810) of Chapter 5 of Part 5 of
19Division 104 of the Health and Safety Code and regulations
20adopted by the National Organic Program (Section 6517 of the
21federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501
22et seq.)).

23

46001.  

For purposes of this act, the following terms have the
24following meanings:

25(a) “Accredited certification agency” means an entity accredited
26by the United States Department of Agriculture to certify
27operations as compliant with the federal organic standards.

28(b) “Act” means the California Organic Food and Farming Act.

29(c) “Categorical products” means categories of products of like
30commodity such as apples and salad products, and does not require
31variety specific information.

32(d) “Certified operation” means a producer, handler, or retail
33food establishment that is certified organic by an accredited
34certification agency as authorized by the federal Organic Foods
35Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and
36implemented pursuant to the National Organic Program.

37(e) “Data” means the information provided annually by persons
38registered under the act, including certified organic acreage and
39gross sales of certified organic products.

40(f) “Department” means the State Department of Public Health.

P5    1(g) “Director” means the director and State Public Health Officer
2for the State Department of Public Health.

3(h) “Enforcement authority” means the governmental unit with
4 primary enforcement jurisdiction, as provided in Section 46022.

5(i) “Exempt handler” means a handling operation that sells
6agricultural products as “organic” but whose gross agricultural
7income from organic sales totals five thousand dollars ($5,000) or
8less annually.

9(j) “Exempt operation” means a production or handling operation
10that sells agricultural products but is exempt from certification
11under federal organic standards.

12(k) “Exempt producer” means a production operation that sells
13agricultural products as “organic” but whose gross agricultural
14income from organic sales totals five thousand dollars ($5,000) or
15less annually.

16(l) “Federal organic standards” means the federal regulations
17governing production, labeling, and marketing of organic products
18as authorized by the federal Organic Foods Production Act of 1990
19(7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to the
20National Organic Program (7 C.F.R. Sec. 205 et seq.), and any
21amendments to the federal act or regulations made subsequent to
22the enactment of this chapter.

23(m) “Handle” means to sell, process, or package agricultural
24products.begin insert Handle does not include a producer selling, transporting,
25or delivering his or her crops or livestock to a handler.end insert

26(n) “Handler” means any person engaged in the business of
27handling agricultural products, but does not include final retailers
28of agricultural products that do not process agricultural products.

29(o) “Handling operation” means any operation or portion of an
30operation, except final retailers of agricultural products that do not
31process agricultural products that (1) receives or otherwise acquires
32agricultural products, and (2) processes, packages, or stores
33agricultural products.

34(p) “Inspection” means the act of examining and evaluating a
35 production or handling operation to determine compliance with
36state and federal law.

37(q) “National Organic Program” or “NOP” means the National
38Organic Program established pursuant to the federal Organic Foods
39Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the
40regulations adopted for implementation.

P6    1(r) “Person” means any individual, firm, partnership, trust,
2corporation, limited liability company, company, estate, public or
3private institution, association, organization, group, city, county,
4city and county, political subdivision of this state, other
5governmental agency within the state, and any representative,
6agent, or agency of any of the foregoing.

7(s) “Processing” means cooking, baking, heating, drying, mixing,
8grinding, churning, separating, extracting, cutting, fermenting,
9eviscerating, preserving, dehydrating, freezing, or otherwise
10manufacturing, and includes packaging, canning, jarring, or
11otherwise enclosing food in a container.

12(t) “Producer” means a person who engages in the business of
13growing or producing food, fiber, feed, and other agricultural-based
14consumer products.

15(u) “Prohibited substance” means a substance the use of which
16in any aspect of organic production or handling is prohibited or
17not provided for in state or federal law.

18(v) “Residue testing” means an official or validated analytical
19procedure that detects, identifies, and measures the presence of
20chemical substances, their metabolites, or degradation products in
21or on raw or processed agricultural products.

22(w) “Retail food establishment” means a restaurant, delicatessen,
23bakery, grocery store, or any retail outlet with an in-store restaurant,
24delicatessen, bakery, salad bar, or other eat-in or carry-out service
25of processed or prepared raw and ready-to-eat-food.

26(x) “Secretary” means the Secretary of Food and Agriculture.

begin insert

27
(y) “State Organic Program” or “SOP” means a state program
28that meets the requirements of Section 6506 of the federal Organic
29Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.), is
30approved by the Secretary of the United States Department of
31Agriculture, and is designed to ensure that a product that is sold
32or labeled as organically produced under the federal Organic
33Foods Production Act of 1990 is produced and handled using
34organic methods.

end insert
begin delete

32 35(y)

end delete

36begin insert(z)end insert “USDA” means the United States Department of Agriculture.

37

46002.  

(a) All organic food or product regulations and any
38amendments to those regulations adopted pursuant to the federal
39Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et
40seq.), that are in effect on the date this act is enacted or that are
P7    1adopted after that date, shall be the organic food and product
2regulations of this state.

3(b) The secretary may, by regulation, prescribe conditions under
4which organic foods or other products not addressed by the
5National Organic Program may be sold in this state.

6(c) The purpose of thebegin delete state organic programend deletebegin insert State Organic
7Programend insert
shall be to do the following:

8(1) Supplement the National Organic Program enforcement of
9federal organic standards.

10(2) Promote coordination of federal, state, and local agencies
11in implementation of the National Organic Program.

12(3) Expand, improve, and protect the production of organic
13products.

14(4) Assist operations in achieving organic certification.

15(5) Provide technical assistance, education, outreach, and
16guidance to the organic industry.

17(d) The secretary may receive and expend state and federal
18funds for activities authorized under this act.

19 

20Article 2.  Administration
21

 

22

46011.  

(a) The secretary shall establish a memorandum of
23understanding with the director to assist in the administration of
24thebegin delete state organic programend deletebegin insert State Organic Programend insert and
25responsibilities authorized under this act.

26(b) The secretary may contract with county agricultural
27commissioners to implement this act.

28

46012.  

(a) To the extent that funds are available, the secretary,
29in consultation with the advisory committee established pursuant
30to Section 46014, may establish procedures for and conduct the
31following activities to supplement enforcement of NOP standards
32in the state:

33(1) Receive and investigate complaints filed by any person
34concerning suspected acts of noncompliance with this act or federal
35organic standards.

36(2) Conduct periodic spot inspections.

37(3) Conduct periodic prohibitedbegin delete materialend deletebegin insert substanceend insert testing on
38products labeled as organic to supplement the Department of
39Pesticide Regulation residue testing program authorized in Section
4012532, the pesticide residue monitoring program on processed
P8    1foods authorized by Article 1 (commencing with Section 110425)
2of Chapter 5 of Part 5 of Division 104 of the Health and Safety
3Code, and annual testing conducted by accredited certification
4agencies.

5(4) Conduct farmers’ market inspections to supplement those
6conducted under the certified farmers’ market program pursuant
7to Chapter 10.5 (commencing with Section 47000).

8(b) Investigation, inspection, and prohibited material testing
9reports shall be forwarded to the secretary or to NOP for any
10required enforcement action.

11(c) The secretary shall coordinatebegin delete state organic programend deletebegin insert State
12Organic Programend insert
activities authorized under this section with
13other county and state licensing, registration, inspection, and fee
14collection procedures applicable to registrants.

15

46013.  

To the extent funds are available, the secretary may, in
16consultation with the advisory committee, use state organic
17program funds to conduct the following activities:

18(a) Expand, improve, and protect the production of organic
19products.

20(b) Assist operations in achieving organic certification, including
21transition to organic.

22(c) Provide technical assistance, education, outreach, and
23guidance to the organic industry.

24

46014.  

(a) The secretary shall establish an advisory committee,
25which shall be known as the California Organic Products Advisory
26Committee, for the purpose of advising the secretary with respect
27to his or her responsibilities under this act and Article 7
28(commencing with Section 110810) of Chapter 5 of Part 5 of
29Division 104 of the Health and Safety Code.

30(b) An advisory committee established under this chapter shall
31also advise the secretary, the University of California, and the
32California State University on education, outreach, and technical
33assistance for organic producers.

34(c) The advisory committee shall be comprised of 16 members
35as follows:

36(1) Six members shall be producers, at least one of whom shall
37be a producer of meat, fowl, fish, dairy products, or eggs.

38(2) Two members shall be processors.

39(3) One member shall be a wholesale distributor.

P9    1(4) One member shall be a representative of an accredited
2certification agency operating in the state.

3(5) One member shall be a consumer representatives.

4(6) One member shall be an environmental representative.

5(7) Two members shall be technical representatives with
6scientific credentials related to agriculture or food science.

7(8) One member shall be a food retail establishment
8representative.

9(9) One member shall be a representative from the University
10of California or California State University system.

11(d) Except for thebegin delete accredited certification agency,end delete consumer,
12environmental, technical, and University of California or California
13State University system representatives, the members of the
14advisory committee shall have derived a substantial portion of
15their business income, wages, or salary as a result of services they
16provide that directly result in the production, handling, processing,
17 or retailing of products sold as organic for at least three years
18preceding their appointment to the advisory committee.

19(e) The consumer and environmental representatives shall not
20have a financial interest in the direct sales or marketing of the
21organic product industry and shall be members or employees of
22representatives of recognized nonprofit organizations whose
23principal purpose is the protection of consumer health or protection
24of the environment.

25(f) The technical and University of California or California State
26University system representatives shall not have a financial interest
27in the production, handling, processing, or marketing of the organic
28products industry. The technical and university system
29representatives may be involved in organic research or technical
30review providing they have no financial benefit from results of the
31research project or technical review.

32(g) (1) Each member of the committee may have an alternate
33who satisfies the same requirements as the member.

34(2) An alternate member shall serve at an advisory committee
35meeting only in the absence of, and shall have the same powers
36and duties as, the category whom he or she is representing as
37alternate, except for duties and powers as an officer of the
38committee. The number of alternates present who are not serving
39in the capacity of a member shall not be considered in determining
40a quorum.

P10   1(3) An alternate member may serve at an advisory committee
2subcommittee meeting only in the absence of, and shall have the
3same powers and duties as, the member whom he or she is
4designated as alternate, except for duties and powers as a
5subcommittee chairperson.

6(h) The members of the advisory committee and their alternates
7shall be reimbursed for the reasonable expenses actually incurred
8in the performance of their duties, as determined by the advisory
9committee and approved by the secretary. The secretary may
10authorize payment of per diem to each attendee based on a
11recommendation of the advisory committee.

12(i) The secretary or his or her representative, the director or his
13or her representative, the director of the Department of Pesticide
14Regulation or his or her representative, and a county agricultural
15commissioner may serve as ex officio members of the advisory
16committee.

17(j) The advisory committee shall review and make
18recommendations to the secretary and the director on the state
19organic program budget, including all fee revenues and penalties
20assessed from exempt operations, accredited certification agencies,
21and retail food establishments, and all expenses of the program.

22(k) The advisory committee shall meet at least two times
23annually and submit an annual report to the secretary that
24 summarizes issues for organic agriculture and food production in
25the state.

26 

27Article 3.  Registration
28

 

29

46021.  

(a) Except as specified in subdivision (b), a person
30engaged in this state in the production or handling of raw
31agricultural products sold as organic, and retailers that are engaged
32in the production of products sold as organic, and retailers that are
33engaged in the processing, as defined by the NOP, of products
34sold as organic, shall register with the county agricultural
35commissioner in the county of principal operation before the first
36sale of the product. All processors of organic agriculturally derived
37products that are not required to be registered with the director
38under Article 7 (commencing with Section 110810) of Chapter 5
39of Part 5 of Division 104 of the Health and Safety Code shall
40register with the secretary. Each registrant shall provide a complete
P11   1copy of its registration to the county agricultural commissioner in
2any county in which the registrant operates.

3(b) A person certified under the National Organic Program shall
4be deemed registered and shall not be required to register pursuant
5to subdivision (a).

6(c) The secretary, in consultation with the advisory committee,
7shall establish procedures for registration and information required
8for registration.

9(d) Registration pursuant to this section shall be valid for one
10year and shall be renewed annually.

11

46022.  

(a) This act shall not apply to the term “natural” when
12used in the labeling or advertising of a product.

13(b) This act also applies to seed, fiber, and horticultural products.
14The terms “foods” and “raw agricultural commodities” as used in
15this chapter include seed, fiber, and horticultural products where
16the context requires to effectuate this section.

17(c) Article 14 (commencing with Section 43031) of Chapter 2
18applies to any food product that is represented as organically
19produced by any person who is not registered as required by this
20chapter or any product that is not in compliance with this chapter
21or Article 7 (commencing with Section 110810) of Chapter 5 of
22Part 5 of Division 104 of the Health and Safety Code. The
23secretary, county agricultural commissioners, and the director shall
24be considered enforcing officers for purposes of those provisions
25of law under their respective jurisdiction.

26

46023.  

(a) To the extent feasible, the secretary shall coordinate
27the registration and fee collection procedures of this section with
28similar licensing or registration procedures applicable to registrants.

29(b) The secretary or county agricultural commissioner shall
30deny a registration submission that is incomplete or not in
31compliance with this act.

32(c) A registrant shall, within a reasonable time, notify the
33secretary of any change in the information reported on the
34registration form and shall pay any additional fee owed if that
35change results in a higher fee owed than that previously paid.

36(d) At the request of any person, the public information sheet
37for any registrant shall be made available for inspection and
38copying at the main office of the department and each county
39agricultural commissioner. Copies of the “public information sheet”
40shall also be made available by mail, upon written request. The
P12   1secretary or county agricultural commissioner may charge a
2reasonable fee for the cost of reproducing a “public information
3sheet.” Except as provided in this subdivision, a registration form
4is exempt from Chapter 3.5 (commencing with Section 6250) of
5Division 7 of Title 1 of the Government Code.

6(e) The secretary, in consultation with the California Organic
7Products Advisory Committee, may suspend the registration
8program set forth in this section if the secretary determines that
9income derived from registration fees is insufficient to support a
10registration enforcement program.

11(f) A registration is considered legal and valid until revoked,
12suspended, or until the expiration of the registration.

13(g) The registration revocation process shall be in conjunction
14with other provisions of this chapter. The secretary or county
15agricultural commissioner’s office may initiate the revocation
16process for failure to comply with the NOP or this act. Any person
17against whom the action is being taken shall have the opportunity
18to appeal the action and be afforded the opportunity to be heard
19in an administrative appeal. This appeal shall be administered by
20either the state or county agricultural commissioner’s office.

21(h) When the registration fee is not paid within 60 days from
22the expiration date, the account shall be considered closed and the
23registration voided. A notification shall be sent to the registrant
24and the certifier, if applicable, notifying them the registrant is no
25longer able to market products as organic until the account is paid
26in full.

27(i) Any producer, handler, processor, or certification agency
28subject to this chapter that does not pay the fee within 10 days of
29the date on which the fee is due and payable shall pay a penalty
30of 10 percent of the total amount determined to be due plus interest
31at the rate of 1.5 percent per month on the unpaid balance.

32

46024.  

(a) Any certificationbegin delete organizationend deletebegin insert agencyend insert that certifies
33product in this state sold as organic shall register with the secretary
34and shall thereafter annually renew the registration, unless the
35begin delete organizationend deletebegin insert certification agencyend insert is no longer engaged in the
36activities requiring the registration. Registration shall be on a form
37provided by the secretary, and shall include a copy of accreditation
38by the USDA or proof of application, if applicable.

39(b) For the purpose of conducting activities authorized under
40this act, the secretary shall require certifyingbegin delete agentsend deletebegin insert agenciesend insert
P13   1 operating in the state tobegin insert alsoend insert annually submit the information that
2it submits to the NOP directly to thebegin delete state organic program.end deletebegin insert State
3Organic Program. end insert
The secretary shall accept the information in
4the same format that the certifying agent uses to submit information
5to the NOP.

6(c) Any registration submitted by a certificationbegin delete organizationend delete
7begin insert agencyend insert shall be made available to the public for inspection and
8copying. The secretary may audit thebegin delete organization’send deletebegin insert certification
9agency’send insert
certification procedures and records at any time, but any
10records of the certificationbegin delete organizationend deletebegin insert agencyend insert not otherwise
11required to be disclosed shall be kept confidential by the secretary.

12(d) The secretary and the county agricultural commissioners
13under the supervision of the secretary shall, if requested by a
14sufficient number of persons to cover the costs of the program in
15a county as determined by the secretary, establish a certification
16program. This program shall meet all of the requirements of this
17chapter. In addition, this program shall meet all of the requirements
18of the federal certification program, including federal accreditation.
19begin delete The secretary shall establish a fee schedule for participants in this
20program that covers all of the department’s reasonable costs of the
21program.end delete
A county agricultural commissioner that conducts a
22voluntary certification program pursuant to this section shall
23establish a fee schedule for participants in this program that covers
24all of the county’s reasonable costs of the program. The secretary
25may not expend funds obtained from registration fees collected
26under this chapter for the purposes of adopting or administering
27this program.

28(e) The certification fee authorized under subdivision (d) is due
29and payable on January 1 or may be prorated before the 10th day
30of the month following the month in which the decision to grant
31the certification is issued. Any person who does not pay the amount
32that is due within the required period shall pay the enforcement
33authority providing the certificate a penalty of 10 percent of the
34total amount determined to be due, plus interest at the rate of 1.5
35percent per month on the unpaid balance.

36

46025.  

(a) All products sold as organic in California shall be
37certified by a federally accredited certifying agent, if they are
38required to be certified under the federal act.

39(b) Product shall be sold as organic only in accordance with this
40chapter.

P14   1(c) A certificationbegin delete organizationend deletebegin insert agencyend insert shall be accredited by
2the USDA as provided in the NOP.

3

46026.  

Materials allowed in organic production and processing
4are specified in the Federal Organic Standards (7 C.F.R. Sec. 205
5et seq.). Organic input materials for organic production are
6regulated under Chapter 5 (commencing with Section 14501) of
7Division 7.

8 

9Article 4.  Fees and Penalties
10

 

11

46031.  

(a) The secretary, in consultation with the advisory
12committee, shall establish a registration fee for producers, handlers,
13and retail food establishments that are exempt from certification
14under the NOP but who are required to register with the state
15pursuant to Section 46021. The registration fee shall not exceed
16the reasonable costs of enforcement activities as authorized under
17Section 46012 on operations exempt frombegin delete certification.end delete
18
begin insert certification, up to a maximum of five hundred dollars ($500).end insert

19(b) The secretary, in consultation with the advisory committee,
20shall establish a registration fee for certifyingbegin delete agentsend deletebegin insert agenciesend insert
21 operating within the state. The registration fee shall not exceed
22the reasonable costs of enforcement and monitoring of certifying
23agents.

24(c) The secretary, in consultation with the advisory committee,
25may establish an annual feebegin insert for producersend insert for the purposes of
26funding the activities authorized under this act. Any fee established
27shall not exceed the following fee schedule for gross annual organic
28sales amounts:

29

 

Gross Annual Organic Sales

Annual Fee Amount

begin insert$0 - 4,999end insertbegin insert$25end insert
begin insert$5,000 - 25,000end insertbegin insert$50end insert

begin delete$ 0end deletebegin insert $25,001end insert - 250,000

$100

$ 250,001 - 500,000

$450

$ 500,001 - 1,000,000

$750

$ 1,000,001 - 2,500,000

$1,000

$ 2,500,001 - 5,000,000

$1,500

$ 5,000,001 - 15,000,000

$2,000

$ 15,000,001 25,000,000

$2,500

$ 25,000,001 and above

$3,000

P15   2

 

begin insert

3
(d) The secretary, in consultation with the director pursuant to
4subdivision (a) of Section 46011, shall coordinate the collection
5and expenditure of annual fees. The secretary shall identify
6certified organic producers under the enforcement authority of
7the department based on the information provided under
8subdivision (b) of Section 46024 and shall annually bill and collect
9the applicable annual fee from the certified organic producers.
10The secretary shall not require information other than gross annual
11organic sales in the billing forms. The secretary shall forward
12certified organic producers identified as subject to enforcement
13by the department to the director for billing and fee collection.

end insert
14

46032.  

(a) The fees and penalties collected by the secretary
15and county agricultural commissioners pursuant to this chapter
16shall be deposited in the Department of Food andbegin delete Agriculturalend delete
17begin insert Agricultureend insert Fund and, upon appropriation by the Legislature, shall
18be expended solely to fulfill the activities authorized under this
19chapter.

20(b) By regulation, the secretary may establish procedures to
21allow any fees and penalties collected by a county agricultural
22commissioner pursuant to Section 46047 and any other penalties
23collected by a county agricultural commissioner pursuant to this
24chapter to be paid directly to the county agricultural commissioner
25and expended to fulfill the responsibilities of the county agricultural
26commissioner, as specified in this chapter.

27(c) Any person subject to this chapter that does not pay the
28registration fee within 10 days of the date on which the fee is due
29and payable shall pay a penalty of 10 percent of the total amount
30determined to be due plus interest at the rate of 1.5 percent per
31month on the unpaid balance.

32

46033.  

(a) Any fee established and collected pursuant to this
33chapter shall not exceed the department’s cost or the county
34agricultural commissioner’s costs, as the case may be, of regulating
35and enforcing the provisions of this chapter related to the function
36for which the fee is established.

37(b) The fees established and collected pursuant to this chapter
38may be expended, under the advisement of the advisory committee,
39for activities authorized under this chapter, including assisting
P16   1operations in achieving certification, conducting education and
2outreach, entering research and development partnerships, and
3addressing production or marketing obstacles to the growth of the
4organic sector.

5 

6Article 5.  Enforcement
7

 

8

46041.  

(a) This chapter shall apply notwithstanding any other
9law that is inconsistent with this chapter. Nothing in this chapter
10is intended to repeal any other law consistent with this chapter.

11(b) Article 14 (commencing with Section 43031) of Chapter 2
12applies to any product that is represented as organically produced
13by any person who is not registered as required by this chapter or
14any product that is not in compliance with this chapter or the NOP.

15(c) The secretary, county agricultural commissioners, and the
16director shall be considered enforcing officers for purposes of
17those provisions of law under their respective jurisdiction.

18(d) Any person may file a complaint with the director concerning
19suspected noncompliance with this chapter or Article 7
20(commencing with Section 110810) of Chapter 5 of Part 5 of
21Division 104 of the Health and Safety Code by a person under the
22enforcement jurisdiction of the director, as provided inbegin delete Section
2346000.end delete
begin insert subdivision (c).end insert

24(e) The director shall, to the extent funds are available, establish
25procedures for handling complaints, including provision of a
26written complaint form, and procedures for commencing an
27investigation within three working days after receiving a complaint
28regarding fresh food, and within seven working days for other
29food, and completing an investigation and reporting findings and
30enforcement action taken, if any, to the complainant within 60
31days thereafter.

32(f) The director may establish minimum information
33 requirements to determine the verifiability of a complaint, and
34may provide for rejection of a complaint that does not meet the
35requirements. The director shall provide written notice of the
36reasons for rejection to the person filing the complaint.

37(g) The director shall carry out the functions and objectives of
38this chapter and Article 7 (commencing with Section 110810) of
39Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
40to the extent funds are available for those purposes.

begin insert

P17   1
(h) A certified organic producer shall not be penalized if an
2accredited certifying agent fails to meet reporting requirements
3 set forth in subdivision (b) of Section 46024.

end insert
4

46042.  

At the request of a county agricultural commissioner,
5the district attorney for that county may bring an action to enforce
6this act within the enforcement jurisdiction of that commissioner.

7

46043.  

(a) Any person may file a complaint with the secretary
8concerning suspected noncompliance with this act, as provided in
9regulations adopted by the NOP.

10(b) The secretary shall, to the extent funds are available,
11establish procedures for handling complaints, including provision
12of a written complaint form, and procedures for commencing an
13investigation within three working days after receiving a complaint
14regarding fresh food, and within seven working days for other
15products, and completing an investigation and reporting findings
16and enforcement action taken, if any, to the complainant within
1760 days thereafter.

18(c) The secretary may establish minimum information
19requirements to determine the verifiability of a complaint, and
20may provide for rejection of a complaint that does not meet the
21requirements. The secretary shall provide written notice of the
22reasons for rejection to the person filing the complaint.

23(d) The secretary shall carry out the functions and objectives of
24this chapter to the extent funds are available for those purposes.

25(e) The complaint process in this state must alsobegin delete meet allend deletebegin insert comply
26withend insert
the complaint process outlined in regulations adopted by the
27NOP.

28

46044.  

(a) A county agricultural commissioner may, at any
29time, initiate a notice and hearing process to determine whether a
30violation of these provisions has occurred. The hearing process to
31determine if a violation has occurred may include a review of the
32actions or records of all of the following:

33(1) The organic registrant.

34(2) A family member, employee, or any other person authorized
35to act on behalf of the registrant.

36(3) Any other person whose actions may have resulted in the
37violation.

38(b) The notice of hearing shall be on a form approved by the
39 secretary that contains all of the following:

40(1) The reasons why the hearing is being held.

P18   1(2) A warning that failure to participate may result in other
2adverse actions or may be considered to be admission to a possible
3violation.

4(3) A hearing date, time, and location of the hearing.

5(4) The secretary or county agricultural commissioner may,
6upon determination that a violation has been made in accordance
7with subdivision (a), take any corrective action as specified in this
8act.

9

46045.  

(a) Any person may appeal to the secretary for a hearing
10if aggrieved by either of the following actions or decisions:

11(1) Denial of any registration.

12(2) Revocation of any registration.

13(b) The appeal shall be submitted to the secretary in writing
14within 30 days of the date the action, or the letter proposing the
15action. The secretary’s proceeding shall, insofar as practicable,
16comply with the provisions of the Administrative Procedure Act
17(Chapter 5 (commencing with Section 11500) of Part 1 of Division
183 of Title 2 of the Government Code), except that a department
19hearing officer may be used.

20

46046.  

As provided for in regulations adopted by the NOP,
21the action proposed by a NOP accreditedbegin delete certifierend deletebegin insert certification
22agencyend insert
against a client may be appealed to the secretary for
23mediation.

24

46047.  

(a) In lieu of prosecution, the secretary or a county
25agricultural commissioner may levy an administrative penalty
26against any person under the enforcement jurisdiction of the
27secretary as provided in Section 46000 who violates this act, or
28any regulation adopted pursuant thereto or pursuant to this chapter,
29or regulations adopted by the NOP, in an amount not more than
30five thousand dollars ($5,000) for each violation. The amount of
31the penalty assessed for each violation shall be based upon the
32nature of the violation, the seriousness of the effect of the violation
33upon effectuation of the purposes and provisions of this chapter
34and the impact of the penalty on the violator, including the deterrent
35effect on future violations.

36(b) Notwithstanding the penalties prescribed in subdivision (a),
37if the secretary or county agricultural commissioner finds that a
38violation was not intentional, the secretary or county agricultural
39commissioner may levy an administrative penalty of not more than
40two thousand five hundred dollars ($2,500) for each violation.

P19   1(c) For a first offense, in lieu of an administrative penalty as
2prescribed in subdivision (a) or (b), the secretary or county
3agricultural commissioner may issue a notice of violation if he or
4she finds that the violation is minor.

5(d) A person against whom an administrative penalty is proposed
6shall be afforded an opportunity for a hearing before the secretary
7or county agricultural commissioner, upon request made in writing
8within 30 days after the issuance of the notice of penalty. At the
9hearing, the person shall be given the right to review the secretary’s
10or commissioner’s evidence of the violation and the right to present
11evidence on his or her own behalf. If no hearing is requested, the
12administrative penalty shall constitute a final and nonreviewable
13order.

14(e) If a hearing is held, review of the final decision of the
15secretary or county agricultural commissioner may be requested
16in writing by any person, pursuant to Section 1094.5 of the Code
17of Civil Procedure within 30 days of the date of the final order of
18the secretary or county agricultural commissioner.

19(f) An administrative penalty levied by the secretary pursuant
20to this section may be recovered in a civil action brought in the
21name of the state. An administrative penalty levied by a county
22agricultural commissioner pursuant to this section may be
23recovered in a civil action brought in the name of the county. After
24the exhaustion of the review procedures provided in this section,
25a county agricultural commissioner, or his or her representative,
26may file a certified copy of a final decision of the commissioner
27that directs the payment of an administrative penalty and, if
28applicable, a copy of any order that denies a petition for a writ of
29administrative mandamus with the clerk of the superior court of
30any county. Judgment shall be entered immediately by the clerk
31in conformity with the decision or order. Pursuant to Section 6103
32of the Government Code, no fees shall be charged by the clerk of
33the superior court for the performance of any official service
34required in connection with the entry of judgment pursuant to this
35section.

36(g) The secretary shall maintain in a central location, and make
37publicly available for inspection and copying upon request, a list
38of all administrative penalties levied by the secretary and by each
39county agricultural commissioner within the past five years,
40including the amount of each penalty, the person against whom
P20   1the penalty was levied, and the nature of the violation. Copies of
2this list shall also be available by mail, upon written request and
3payment of a reasonable fee, as set by the secretary.

4

46048.  

The secretary and the county agricultural commissioners
5may conduct a program of spot inspections to determine
6compliance with this act.

7

46049.  

(a) It is unlawful for any person to sell, offer for sale,
8advertise, or label any product in violation of this act.

9(b) Notwithstanding subdivision (a), a person engaged in
10business as a handler, distributor, or retailer of food who in good
11faith sells, offers for sale, labels, or advertises any product in
12reliance on the representations of a producer, processor, or other
13distributor that the product may be sold as organic, shall not be
14found to violate this act unless the distributor either:

15(1) Knew or should have known that the product could not be
16sold as organic.

17(2) Was engaged in producing or processing the product.

18(3) Prescribed or specified the manner in which the product was
19produced or processed.

20

46050.  

(a) It is unlawful for any person to certify any product
21in violation of this act.

22(b) It is unlawful for any person to certify a product or company
23as organic unless duly registered as a certificationbegin delete organizationend delete
24begin insert agencyend insert pursuant to this act.

25(c) It is unlawful for any person to willfully make a false
26statement or representation, or knowingly fail to disclose a fact
27required to be disclosed, in registration for a certification
28begin delete organizationend deletebegin insert agencyend insert pursuant to this act.

29

46051.  

(a) It is unlawful for any person to produce or handle
30any product sold as organic unless duly registered pursuant to
31Section 46021.

32(b) It is unlawful for any person to willfully make a false
33statement or representation, or knowingly fail to disclose a fact
34required to be disclosed, in registration pursuant to Section 46021.

35

46052.  

It is unlawful for any person to forge, falsify, fail to
36retain, fail to obtain, or fail to disclose records pursuant to Section
3746055.

38

46053.  

(a) It is unlawful for any person to advertise, label, or
39otherwise represent that any fertilizer or pesticide chemical may
40be used in connection with the production, processing, or
P21   1distribution of products sold as organic if that fertilizer or pesticide
2chemical contains a prohibitedbegin delete material.end deletebegin insert substance.end insert

3(b) It is unlawful for any person to refuse to submit for
4inspection.

5(c) It is unlawful for any person to mislabel any organic product.

6(d) It is unlawful for any person to alter any organic registration
7form.

8(e) It is unlawful for any person to alter any certification
9document.

10(f) It is unlawful for any person to falsify any document.

11(g) It is unlawful for any person to remove a hold off sale or
12disposal order from any lot of product.

13(h) It is unlawful to use the term “transitional organic” in this
14state.

15

46054.  

No food or product may be advertised or labeled as
16“organic when available” or similar terminology that leaves in
17doubt whether the food is being sold as organic.

begin delete
18

46055.  

All persons who produce, handle, or retail products that
19are sold as organic shall keep accurate and specific records of the
20following as applicable:

21(a) The quantity harvested from each field or management unit,
22the size of the field or management unit, the field number, and the
23date of harvest.

24(b) Unless the livestock, fowl, or fish was raised or hatched by
25the producer, the name and address of all suppliers of livestock,
26fowl, or fish and the date of the transaction.

27(c) For each field or management unit, all substances applied
28to the crop, soil, growing medium, growing area, irrigation or post
29harvest wash or rinse water, or seed, the quantity of each substance
30applied, and the date of each application. All substances shall be
31identified by brand name, if any, and by source.

32(d) All substances administered and fed to the animal, including
33all feed, medication and drugs, and all substances applied in any
34area in which the animal, milk, or eggs are kept, including the
35quantity administered or applied, and the date of each application.
36All substances shall be identified by brand name, if any, and by
37source.

38(e) (1) Invoices, bills of lading or other documents that show
39transfer of title of certified organic products shall indicate the
40product is “organic” or “certified organic” and, if applicable, the
P22   1 California registration number of the person transferring the
2product.

3(2) Any person selling product that is exempt or excluded from
4certification under NOP rules, must follow the requirements of
5Section 205.101 of Title 7 of the Code of Federal Regulations.

6(f) All substances applied to the product or used in or around
7any area where product is kept including the quantity applied and
8the date of each application. All pesticide chemicals shall be
9identified by brand name, if any, and by source.

10(g) Except when sold to the consumer, the name and address of
11all persons, to whom or from whom the product is sold, purchased
12or otherwise transferred, the quantity of product sold or otherwise
13transferred, and the date of the transaction.

end delete
begin insert
14

begin insert46055.end insert  

All persons who produce, handle, or retail products
15sold as organic and are exempt from organic certification under
16the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec.
176501 et seq.) shall keep accurate and specific records as required
18by the secretary, in consultation with the advisory committee.
19Certified organic operations shall keep records required under
20the federal organic standards.

end insert
21

46056.  

(a) Notwithstanding any other law, any producer,
22handler, processor, or retailer of product sold as organic shall
23immediately make available for inspection by, and shall upon
24request, within 72 hours of the request, provide a copy to, the
25secretary, the Attorney General, any prosecuting attorney, any
26governmental agency responsible for enforcing laws related to the
27production or handling of products sold as organic, of any record
28required to be kept under this section for purposes of carrying out
29this chapter. Records acquired pursuant to this chapter shall not
30be public records as that term is defined in Section 6252 of the
31Government Code and shall not be subject to Chapter 3.5
32(commencing with Section 6250) of Division 7 of Title 1 of the
33Government Code.

34(b) Upon written request of any person that establishes cause
35for the request, the secretary shall obtain and provide to the
36requesting party within 10 working days of the request a copy of
37any of the following records required to be kept under this chapter
38that pertain to a specific product sold or offered for sale, and that
39identify substances applied, administered, or added to that product,
40except that financial information about an operation or transaction,
P23   1information regarding the quantity of a substance administered or
2applied, the date of each administration or application, information
3regarding the identity of suppliers or customers, and the quantity
4or price of supplies purchased or products sold shall be removed
5before disclosure and shall not be released to any person other than
6persons and agencies authorized to acquire records under
7subdivision (a):

8(1) Records of a producer, as described in Section 46056.

9(2) Records of a handler, as described in Section 46056, records
10of previous handlers, if any, and producers as described in Section
1146056 without identifying the previous handlers or producers, and,
12if applicable, records obtained as required in this act.

13(3) (A) Records of a retailer, as described in Section 46056,
14records of previous handlers, if any, and producers as described
15in Section 46056 without identifying the previous processors,
16handlers, or producers, and, if applicable, records obtained as
17required in subdivision (d). This subdivision shall be the exclusive
18means of public access to records required to be kept by producers,
19processors, handlers, and retailers under this chapter.

20(B) A person required to provide records pursuant to a request
21under this subdivision, may petition the secretary to deny the
22request based on a finding that the request is of a frivolous or
23harassing nature. The secretary may, upon the issuance of this
24finding, waive the information production requirements of this
25subdivision for the specific request for information that was the
26subject of the petition.

27(c) Information specified in subdivision (b) that is required to
28be released upon request shall not be considered a “trade secret”
29under Section 110165, Section 1060 of the Evidence Code, or the
30Uniform Trade Secrets Act (Title 5 (commencing with Section
313426) of Part 1 of Division 4 of the Civil Code).

32(d) The secretary may charge the person requesting records a
33reasonable fee to reimburse himself or herself or the source of the
34records for the cost of reproducing the records requested.

35(e) The secretary shall not be required to obtain records not in
36his or her possession in response to a subpoena. Before releasing
37records required to be kept pursuant to this act in response to a
38subpoena, the secretary shall delete any information regarding the
39identity of suppliers or customers and the quantity or price of
40supplies purchased or products sold.

P24   1

SEC. 4.  

Section 110810 of the Health and Safety Code is
2amended to read:

3

110810.  

This article and Chapter 10 (commencing with Section
446000) of Division 17 of the Food and Agricultural Code shall be
5known and may be cited as the California Organic Food and
6Farming Act.

7

SEC. 5.  

Section 110812 of the Health and Safety Code is
8amended to read:

9

110812.  

The director, in consultation with the Secretary of
10Food and Agriculture, shall enforce regulations promulgated by
11the National Organic Program (Section 6517 of the federal Organic
12Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)),
13provisions of this article, and Chapter 10 (commencing with
14Section 46000) of Division 17 of the Food and Agricultural Code.

15

SEC. 6.  

Section 110815 of the Health and Safety Code is
16repealed.

17

SEC. 7.  

Section 110815 is added to the Health and Safety Code,
18to read:

19

110815.  

The definitions set forth in Section 46001 of the Food
20and Agricultural Code shall apply to this article.

21

SEC. 8.  

Section 110860 of the Health and Safety Code is
22amended to read:

23

110860.  

A registered certificationbegin delete organizationend deletebegin insert agencyend insert or a
24federally accredited certificationbegin delete organizationend deletebegin insert agencyend insert shall, at least
25annually, physically inspect the premises where the food to be
26certified is produced and processed. The inspection shall include
27an examination of recordkeeping.

28

SEC. 9.  

Section 110870 of the Health and Safety Code is
29repealed.

begin delete30

SEC. 10.  

Section 110875 of the Health and Safety Code is
31repealed.

end delete
begin delete32

SEC. 11.  

Section 110875 is added to the Health and Safety
33Code
, to read:

34

110875.  

A person certified under the National Organic Program
35shall be deemed registered for the purposes of the state organic
36program, and shall not be required to separately register with the
37state.

end delete
38begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 110875 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39amended to read:end insert

P25   1

110875.  

(a) begin deleteEvery end deletebegin insertA person certified under the National
2Organic Program shall be deemed registered for the purposes of
3the State Organic Program and shall not be required to separately
4register with the state.end insert

5begin insert(b)end insertbegin insertend insertbegin insertEveryend insert person engaged in this state in the processing or
6handling of processed products for human consumption, including
7dietary supplements, alcoholic beverages, and fish or seafood sold
8as organic (except for processors and handlers of processed meat,
9fowl, or dairy products and retailers that are engaged in the
10processing or handling of products sold as organic), and every
11person engaged in the processing or handling of animal food and
12cosmetics sold as organic, shall register with the director, and shall
13thereafter annually renew the registration unless no longer so
14engaged. Handlers of processed food products that are registered
15with the department pursuant to Article 2 (commencing with
16Section 110460) shall register under this section in conjunction
17with the annual renewal of their registration pursuant to that article.
18Handlers of organic products that are required to be registered to
19manufacture, pack, or hold processed food pursuant to Article 2
20(commencing with Section 110460) of Chapter 5 of Part 5 of
21Division 104, licensed to bottle, vend, haul, or process water
22pursuant to Article 12 (commencing with Section 11070) of
23Chapter 5 of Part 5 of Division 104, certified to process or handle
24fresh or frozen seafood or fresh or frozen raw shellfish pursuant
25to Chapter 5 (commencing with Section 112150) of Part 6 of
26Division 104, licensed to operate a cold storage facility pursuant
27to Chapter 6 (commencing with Section 112350) of Part 6 of
28Division 104, licensed to process low acid canned foods pursuant
29to Chapter 8 (commencing with Section 112650) of Part 6 of
30Division 104, licensed to manufacture olive oil pursuant to Chapter
319 (commencing with Section 112875) of Part 6 of Division 104,
32and licensed or registered to process or hold pet food in California
33pursuant to Chapter 10 (commencing with Section 113025) of Part
346 of Division 104, shall possess a valid registration or license in
35order to obtain a valid organic registration for the same facility
36under this section. All others required to register under this
37subdivision shall register within 30 days of forms being made
38available for this purpose. Any processor or handler of processed
39products required to register under this subdivision that does not
40pay the registration fee required by subdivisionbegin delete (c)end deletebegin insert (d)end insert within 30
P26   1days of the date on which the fee is due and payable shall pay a
2penalty of 112 percent per month on the unpaid balance.

begin delete

3(b)

end delete

4begin insert(c)end insert Registration shall be on a form provided by the director and
5shall be valid for a period of one calendar year from the date of
6validation of the completed registration form. The director shall
7make registration forms available for this purpose. The information
8provided on the registration form shall include all of the following:

9(1) The nature of the registrant’s business, including the specific
10commodities and quantities of each commodity that is handled
11and sold as organic.

12(2) The total current annual organic gross sales, or if not selling
13the product, the total current gross annual revenue received from
14processing, packaging, repackaging, labeling, or otherwise handling
15organic products for others, in dollars.

16(3) The names of all certification organizations and
17governmental entities, if any, providing certification to the
18registrant pursuant to this article and the regulations adopted by
19the NOP.

20(4) Sufficient information, under penalty of perjury, to enable
21 the director to verify the amount of the registration fee to be paid
22in accordance with subdivisionbegin delete (c).end deletebegin insert (d).end insert

begin delete

23(c)

end delete

24begin insert(d)end insert To the extent feasible, the director shall coordinate the
25registration and fee collection procedures of this section with
26similar licensing or registration procedures applicable to registrants.
27When coordinating the organic registration with other required
28registrations or licenses identified in subdivisionbegin delete (a),end deletebegin insert (b),end insert the
29expiration date shall be the same expiration date as the valid license
30or registration. For persons that hold two-year licenses or
31registrations pursuant to subdivisionbegin delete (a),end deletebegin insert (b),end insert the organic
32registration shall be renewed annually using the same expiration
33month and day as the two-year license or registration.

begin delete

34(d)

end delete

35begin insert(e)end insert A registration form shall be accompanied by payment of a
36nonrefundable registration fee payable to the department by
37 handlersbegin delete whichend deletebegin insert thatend insert shall be based on annual gross sales of organic
38product or annual revenue received from processing, packaging,
39repackaging, labeling, or otherwise handling organic product for
40others, by the registrant in the calendar year that precedes the date
P27   1of registration. If no sales or revenue were made in the preceding
2year, then based on the expected sales or revenue during the 12
3calendar months following the date of registration.begin delete Unless specified
4elsewhere, the fee is based according to the following schedule:end delete

begin insert

5
(f) The director, in consultation with the California Organic
6Products Advisory Committee, may establish an annual fee for
7processors and handlers for the purpose of funding the activities
8authorized under this article, not to exceed the following amounts:

end insert

9

 

Gross Annual Sales or
Revenue

Annual Registration
Fee

$0-$5,000

$ 50

$5,001-$50,000

$100

$50,001-$125,000

$200

$125,001-$250,000

$300

$250,001-$500,000

$400

$500,001-$1,500,000

$500

$1,500,001-$2,500,000

$600

$2,500,001-and above

$700

P27  20

 

21(1) Any handler that does not take possession or title of the
22product but arranges for the sale of the product shall register and
23pay one hundred dollars ($100) per year.

24(2) Any person that only provides temporary storage for seven
25days or less, or only provides transportation for organic product
26and does not handle the processed packaged product, does not
27have to register.

28(3) Any person that hires any other person to custom pack,
29repack, or label organic products shall register and pay a fee based
30on the total annual sales of products custom packed, repacked, or
31labeled for them as outlined in the chart above.

begin delete

32(e)

end delete

33begin insert(g)end insert Revenue received pursuant to this section shall be deposited
34in the Food Safety Fund created pursuant to Section 110050.

begin delete

35(f)

end delete

36begin insert(h)end insert The director shall reject a registration submission that is
37incomplete or not in compliance with this article and regulations
38promulgated by the NOP.

begin delete

39(g)

end delete

P28   1begin insert(i)end insert The director shall provide a validated certificate to the
2registrant.

begin delete

3(h)

end delete

4begin insert(j)end insert Registration forms shall be made available to the public for
5inspection and copying at the main office of the department. Copies
6of registration forms shall also be made available by mail, upon
7written request and payment of a reasonable fee, as determined by
8the director. Registration information regarding quantity of
9products sold and gross sales volume in dollars shall be deleted
10begin delete prior toend deletebegin insert beforeend insert public inspection and copying and shall not be
11released to any person except other employees of the department,
12the Department of Food and Agriculture, a county agricultural
13commissioner, the Attorney General, any prosecuting attorney, or
14any government agency responsible for enforcing laws related to
15the activities of the person subject to this part.

begin delete

16(i)

end delete

17begin insert(k)end insert A registrant shall immediately notify the director of any
18change in the information reported on the registration form and
19shall pay any additional fee owed if that change results in a higher
20fee owed than previously paid.

begin delete

21(j)

end delete

22begin insert(end insertbegin insertlend insertbegin insert)end insert The director in consultation with the California Organic
23Products Advisory Committee, may suspend the registration
24program set forth in this section if the director determines that
25income derived from registration fees is insufficient to support a
26registration enforcement program.

begin delete

27(k)

end delete

28begin insert(m)end insert A registration is considered legal and valid until revoked,
29suspended, or until the expiration of the registration.

begin delete

30(l)

end delete

31begin insert(n)end insert The registration revocation processbegin delete mustend deletebegin insert shallend insert be in
32conjunction with other provisions of this article. The director can
33initiate the revocation process for failure to comply with this article
34or any part of the regulations adopted pursuant to the NOP. Any
35person against whom the action is being taken shall have the
36opportunity to appeal the action and be afforded the opportunity
37to be heard in an administrative appeal. This appeal can be
38administered by either the state or county agricultural
39commissioner’s office.

begin delete

40(m)

end delete

P29   1begin insert(o)end insert When the registration fee is not paid within 60 days from
2the expiration date the account may be considered closed and the
3registration voided. A notificationbegin delete willend deletebegin insert shallend insert be sent to the registrant
4and the certifierbegin delete willend deletebegin insert shallend insert notify them that they are no longer able
5to market products as organic until the account is paid in full.

begin delete

6(n)

end delete

7begin insert(p)end insert Any registration that is more than 60 days latebegin delete willend deletebegin insert shallend insert be
8considered invalid and it is a violation if product is sold as organic.

9

begin deleteSEC. 12.end delete
10
begin insertSEC. 11.end insert  

Section 110920 of the Health and Safety Code is
11amended to read:

12

110920.  

(a) The department shall use funds appropriated by
13the Legislature in the annual Budget Act from fees collected
14pursuant to Section 46031 of the Food and Agricultural Code to
15fulfill its obligations under this article.

16(b) No fee established and collected pursuant to this article shall
17exceed the department’s costs of regulating and enforcing the
18provisions of this article related to the function for which the fee
19is established.

begin delete20

SEC. 13.  

Section 110925 of the Health and Safety Code is
21amended to read:

22

110925.  

Any fees and civil penalties collected pursuant to this
23article shall be deposited in a separate organic food safety
24subaccount of the Food Safety Account and, upon appropriation
25by the Legislature, shall be expended to fulfill the responsibilities
26of the director as specified in this article.

end delete
27

begin deleteSEC. 14.end delete
28
begin insertSEC. 12.end insert  

Section 110958 of the Health and Safety Code is
29repealed.

30

begin deleteSEC. 15.end delete
31
begin insertSEC. 13.end insert  

Section 110958 is added to the Health and Safety
32Code
, to read:

33

110958.  

(a) Annually, the department shall compile, publish,
34and submit to the California Organic Products Advisory Committee
35a summary of the following information:

36(1) Enforcement actions taken by the department in that fiscal
37year.

38(2) Accounting revenues received and expended by the
39department in implementing this article.

begin insert

40
(3) Gross annual sales of organic processed products.

end insert

P30   1(b) The information shall be presented in an aggregate form that
2preserves the confidentiality of proprietary information of
3individual businesses.

4

begin deleteSEC. 16.end delete
5
begin insertSEC. 14.end insert  

If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.



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