Amended in Assembly April 21, 2016

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 tobegin delete repeal and add Chapter 10 (commencing with Section 46000) of Division 17 ofend deletebegin insert amend Sections 46000, 46001, 46002, 46003, 46004.1, 46007, 46010.5, 46012, 46013.1, 46013.2, 46014.1, 46014.2, 46014.4, 46014.6, 46016.5, 46021, and 46028 of, and to add Section 46003.2 to,end insert the Food and Agricultural Code,begin delete and to amend Sections 110810, 110812, 110860, 110875, and 110920 of, to repeal Section 110870 of, and to repeal and add Sections 110815 and 110958 of, the Health and Safety Code,end delete 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 agriculturalbegin delete commissioners under the supervision and direction of the secretary,end deletebegin insert commissioners,end insert and the Director of the State Department of Public Health to enforcebegin delete federal regulationsend deletebegin insert state and federal lawsend insert governing the production, labeling, and marketing of organic products, as specified.begin delete 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.end delete

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.

begin delete

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 the State Organic Program 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 certifying agencies, 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.

end delete
begin delete

The bill would require the secretary to establish a memorandum of understanding with the director to assist in administering the State Organic Program, would authorize the secretary to establish procedures for and conduct specified activities to supplement enforcement of National Organic Program standards, as specified, and to use State Organic Program funds to conduct specified activities.

end delete
begin delete

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

end delete
begin delete

This bill would state that certification under the National Organic Program shall be deemed registration for purposes of the State Organic Program. The bill would, among other things, revise information that the director is required to annually compile, publish, and submit to the California Organic Products Advisory Committee.

end delete
begin insert

This bill would revise and recast the California Organic Products Act of 2003 as the California Organic Food and Farming Act and would set forth the purposes of the act.

end insert
begin insert

Existing law establishes the California Organic Products Advisory Committee, comprised of 15 members, to advise the secretary on his or her responsibilities under the act.

end insert
begin insert

The bill would revise the composition of the advisory committee and would expand the scope of the advisory committee’s duties to include advising the secretary on education, outreach, and technical assistance for producers. The bill would authorize the secretary, in consultation with the advisory committee, to establish procedures for and conduct certain activities, including providing technical assistance, education, outreach, and guidance to the organic industry. The bill would specify that penalties collected by the secretary and fees collected by county agricultural commissioners pursuant to the act’s provisions shall be expended to fulfill the responsibilities authorized under the act, and would exempt from the Administrative Procedure Act the adoption, amendment, or repeal of a registration fee.

end insert
begin insert

Existing law requires every person engaged in the state in the production or handling of raw agricultural products sold as organic to register with the county agricultural commissioner and specifies the information required on the registration form.

end insert
begin insert

This bill would require those persons to instead register with the Department of Food and Agriculture, would revise the registration fees required to be paid by certain registrants, and would revise the information required on the registration form. The bill would also revise the type of information and records that persons who produce, handle, or retail products sold as organic are required to keep or make available.

end insert
begin insert

The bill would define certain terms for purposes of the act’s provisions and would make technical and conforming changes to various code sections. To the extent the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.

end insert

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:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares both of the
2following:end insert

begin insert

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

end insert
begin insert

9
(b) The purpose of amending the existing law governing the
10state organic program is to reform fees and paperwork and to
11create a framework whereby state organic program enforcement
12activities are designed to supplement National Organic
13Program-funded enforcement in California.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 46000 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
15amended to read:end insert

16

46000.  

(a) This chapterbegin delete shall be known, and may be cited as,
17the California Organic Products Act of 2003.end delete
begin insert and Article 7
18(commencing with Section 110810) of Chapter 5 of Part 5 of
19Division 104 of the Health and Safety Code shall be known and
20may be cited as the California Organic Food and Farming Act.end insert

21(b) The secretary and county agricultural commissioners under
22the supervision and direction of the secretary shall enforce
23regulations adopted by the National Organic Program (NOP)
24(Section 6517 of the federal Organic Foods Production Act of 1990
25(7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with
26Section 110810) of Chapter 5 of Part 5 of Division 104 of the
27Health and Safety Code and this act applicable to any person selling
28products as organic.

29begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 46001 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
30amended to read:end insert

31

46001.  

Thisbegin delete actend deletebegin insert chapterend insert shall be interpreted in conjunction
32with Article 7 (commencing with Section 110810) of Chapter 5
33of Part 5 of Division 104 of the Health and Safety Code and
34regulations adopted by the National Organic Program (Section
356517 of the federal Organic Foods Production Act of 1990 (7
36U.S.C. Sec. 6501 etbegin delete seq.).end deletebegin insert seq.)).end insert

37begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 46002 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
38amended to read:end insert

P5    1

46002.  

(a) All organic food or product regulations and any
2amendments to those regulations adopted pursuant to the federal
3Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et
4seq.), that are in effect on the date this bill is enacted or that are
5adopted after that date, shall be the organic food and product
6regulations of this state.

7(b) The secretary may, by regulation, prescribe conditions under
8which organic foods or other products not addressed by the
9National Organic Program may be sold in this state.

begin insert

10
(c) The purpose of the act shall be to do all of the following:

end insert
begin insert

11
(1) Promote coordination of federal, state, and local agencies
12in implementing the National Organic Program.

end insert
begin insert

13
(2) Expand, improve, and protect the production of organic
14products.

end insert
begin insert

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

end insert
begin insert

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

end insert
19begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 46003 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
20amended to read:end insert

21

46003.  

(a) The secretary shall establish an advisory committee,
22which shall be known as the California Organic Products Advisory
23Committee, for the purpose of advising the secretary with respect
24to his or her responsibilities under thisbegin delete act and Article 7
25(commencing with Section 110810) of Chapter 5 of Part 5 of
26Division 104 of the Health and Safety Code.end delete
begin insert act.end insert

begin insert

27
(b) The advisory committee shall advise the secretary on
28education, outreach, and technical assistance for producers.

end insert
begin delete

29(b)

end delete

30begin insert(c)end insert The advisory committee shall be comprised of 15 members.
31Each member may have an alternate. Six members and their
32alternates shall be producers, at least one of whom shall be a
33producer of meat, fowl, fish, dairy products, or eggs. Two members
34and their alternates shall be processors, one member and his or her
35alternate shall be wholesale distributors,begin delete two members and their
36alternatesend delete
begin insert one member and his or her alternate shall be
37representatives of an accredited certifying agency operating in
38the state, one member and his or her alternateend insert
shall be consumer
39representatives, one member and his or her alternate shall be
40environmental representatives, two members and their alternates
P6    1shall be technical representatives with scientific credentials related
2to agricultural chemicals, toxicology, or food science, and one
3member and his or her alternate shall be retail representatives.
4Except for the consumer, environmental, and technical
5representatives, the members of the advisory committee and their
6alternates shall have derived a substantial portion of their business
7income, wages, or salary as a result of services they providebegin delete whichend delete
8begin insert thatend insert directly result in the production, handling, processing, or
9retailing of products sold as organic for at least three years
10preceding their appointment to the advisory committee. The
11consumer and environmental representatives and their alternates
12shall not have a financial interest in the direct sales or marketing
13of the organic product industry and shall be members or employees
14of representatives of recognized nonprofit organizations whose
15principal purpose is the protection of consumer health or protection
16of the environment. The technical representatives and their
17alternates shall not have a financial interest in the production,
18handling, processing, or marketing of the organic products industry.
19The technical representatives may be involved in organic research
20or technical review providing they have no financial benefit from
21results of the research project or technical review.

begin delete

22(c)

end delete

23begin insert(d)end insert An alternate member shall serve at an advisory committee
24meeting only in the absence of, and shall have the same powers
25and duties as, the category whom he or she is representing as
26alternate, except for duties and powers as an officer of the
27committee. The number of alternates present who are not serving
28in the capacity of a member shall not be considered in determining
29a quorum.

begin delete

30(d)

end delete

31begin insert(e)end insert An alternate member may serve at an advisory committee
32subcommittee meeting only in the absence of, and shall have the
33same powers and duties as, the member whom he or she is
34designated as alternate, except for duties and powers as a
35subcommittee chairperson.

begin delete

36(e)

end delete

37begin insert(f)end insert The members of the advisory committee and their alternates
38begin delete described in subdivision (b)end delete shall be reimbursed for the reasonable
39expenses actually incurred in the performance of their duties, as
P7    1determined by the advisory committee and approved by the
2secretary.

begin delete

3(f)

end delete

4begin insert(g)end insert The secretary or his or her representative, the State Public
5Health Officer or his or her representative, and a county agricultural
6commissioner may serve as ex officio members of the advisory
7committee.

8begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 46003.2 is added to the end insertbegin insertFood and Agricultural
9Code
end insert
begin insert, to read:end insert

begin insert
10

begin insert46003.2.end insert  

(a) To the extent that funds are available, the
11secretary, in consultation with the California Organic Products
12Advisory Committee, may establish procedures for and conduct
13all of the following activities:

14
(1) Receive and investigate complaints filed by any person
15concerning suspected acts of noncompliance with this act or federal
16organic standards.

17
(2) Conduct periodic spot inspections.

18
(3) Conduct periodic prohibited substance testing on products
19labeled as organic.

20
(4) Conduct farmers’ market inspections.

21
(5) Expand, improve, and protect the production of organic
22products.

23
(6) Assist operations in achieving organic certification,
24including transition to organic.

25
(7) Provide technical assistance, education, outreach, and
26guidance to the organic industry.

27
(8) Reimbursement of investigation, enforcement, and market
28surveillance expenses, including expenses incurred by any county
29agricultural commissioner for actions conducted pursuant to this
30chapter.

31
(9) Conduct hearings, appeals, mediation, or settlement
32conferences from actions taken to enforce this chapter.

33
(b) Investigation, inspection, and prohibited material testing
34reports shall be forwarded to the secretary for any required
35enforcement action.

36
(c) The secretary shall coordinate activities authorized under
37this section with other county and state licensing, registration,
38inspection, and fee collection procedures applicable to registrants.

end insert
39begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 46004.1 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
40amended to read:end insert

P8    1

46004.1.  

Unless defined pursuant to the National Organic
2Program (NOP), the following words and phrases, when used in
3this act, shall have the following meanings:

begin insert

4
(a) “Accredited certification agency” means an entity accredited
5by the United States Department of Agriculture to certify
6operations as compliant with the federal organic standards.

end insert
begin delete

7(a)

end delete

8begin insert(b)end insert “Act” meansbegin delete this chapter.end deletebegin insert the California Organic Food and
9Farming Act.end insert
It also means the federal Organic Foods Production
10Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the regulations
11adopted pursuant to the federal Organic Foods Production Act of
121990 (7 U.S.C. Sec. 6501 et seq.).

begin delete

13(b)

end delete

14begin insert(c)end insert “Categorical products” means categories of products of like
15commodity such as apples, salad products, etc. and does not require
16variety specific information.

begin insert

17
(d) “Certified operation” means a producer, handler, or retail
18food establishment that is certified organic by an accredited
19certification agency as authorized by the federal Organic Foods
20Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and
21implemented pursuant to the National Organic Program.

end insert
begin insert

22
(e) “Data” means the information provided annually by persons
23registered under the act, including certified organic acreage and
24gross sales of certified organic products.

end insert
begin insert

25
(f) “Department” means the State Department of Public Health.

end insert
begin insert

26
(g) “Director” means the director and State Public Health
27Officer for the State Department of Public Health.

end insert
begin delete

28(c)

end delete

29begin insert(h)end insert “Enforcement authority” means the governmental unit with
30primary enforcement jurisdiction, as provided in Section 46008.

begin delete

31(d)

end delete

32begin insert(i)end insert “Exempt handler” means a handling operation that sells
33agricultural products as “organic” but whose gross agricultural
34income from organic sales totals five thousand dollars ($5,000) or
35less annually.

begin insert

36
(j) “Exempt operation” means a production or handling
37operation that sells agricultural products but is exempt from
38certification under federal organic standards.

end insert
begin delete

39(e)

end delete

P9    1begin insert(k)end insert “Exempt producer” means a production operation that sells
2agricultural products as “organic” but whose gross agricultural
3income from organic sales totals five thousand dollars ($5,000) or
4less annually.

begin insert

5
(l) “Federal organic standards” means the federal regulations
6governing production, labeling, and marketing of organic products
7as authorized by the federal Organic Foods Production Act of
81990 (7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to
9the National Organic Program (7 C.F.R. Sec. 205 et seq.), and
10any amendments to the federal act or regulations made subsequent
11to the enactment of this chapter.

end insert
begin delete

12(f)

end delete

13begin insert(m)end insert “Handle” means to sell, process, or package agricultural
14products.

begin delete

15(g)

end delete

16begin insert(n)end insert “Handler” means any person engaged in the business of
17handling agricultural products, but does not include final retailers
18of agricultural products that do not process agricultural products.

begin delete

19(h)

end delete

20begin insert(o)end insert “Handling operation” means any operation or portion of an
21operation, except final retailers of agricultural products that do not
22process agricultural products that (1) receives or otherwise acquires
23agricultural products, and (2) processes, packages, or stores
24agricultural products.

begin insert

25
(p) “Inspection” means the act of examining and evaluating
26production or handling operation to determine compliance with
27state and federal law.

end insert
begin delete

28(i)

end delete

29begin insert(q)end insertbegin insert“National Organic Program” or end insert“NOP” means the National
30Organic Program established pursuant to the federal Organic Foods
31Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the
32regulations adopted for implementation.

begin delete

33(j)

end delete

34begin insert(r)end insert “Person” means any individual, firm, partnership, trust,
35corporation, limited liability company, company, estate, public or
36private institution, association, organization, group, city, county,
37city and county, political subdivision of this state, other
38governmental agency within the state, and any representative,
39agent, or agency of any of the foregoing.

begin delete

40(k)

end delete

P10   1begin insert(s)end insert “Processing” means cooking, baking, heating, drying, mixing,
2grinding, churning, separating, extracting, cutting, fermenting,
3eviscerating, preserving, dehydrating, freezing, or otherwise
4manufacturing, and includes packaging, canning, jarring, or
5otherwise enclosing food in a container.

begin insert

6
(t) “Producer” means a person who engages in the business of
7growing or producing food, fiber, feed, and other
8agricultural-based consumer products.

end insert
begin insert

9
(u) “Prohibited substance” means a substance the use of which
10in any aspect of organic production or handling is prohibited or
11not provided for in state or federal law.

end insert
begin insert

12
(v) “Residue testing” means an official or validated analytical
13procedure that detects, identifies, and measures the presence of
14chemical substances, their metabolites, or degradation products
15in or on raw or processed agricultural products.

end insert
begin insert

16
(w) “Retail food establishment” means a restaurant,
17delicatessen, bakery, grocery store, or any retail outlet with an
18in-store restaurant, delicatessen, bakery, salad bar, or other eat-in
19or carry-out service of processed or prepared raw and
20ready-to-eat-food.

end insert
begin delete

21(l)

end delete

22begin insert(x)end insert “Secretary” means the Secretary of Food and Agriculture.

begin insert

23
(y) “State Organic Program” or “SOP” means a state program
24that meets the requirements of Section 6506 of the federal Organic
25Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.), is
26approved by the Secretary of the United States Department of
27Agriculture, and is designed to ensure that a product that is sold
28or labeled as organically produced under the federal Organic
29Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) is
30produced and handled using organic methods.

end insert
begin delete

31(m)

end delete

32begin insert(z)end insert “USDA” means the United States Department of Agriculture.

33begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 46007 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
34amended to read:end insert

35

46007.  

(a) Any penalties collected by the secretary and any
36fees collected by a county agricultural commissioner pursuant to
37this chapter shall be deposited in the Department of Food and
38Agriculture Fund and, upon appropriation by the Legislature, shall
39be expended solely to fulfill the responsibilitiesbegin delete of the secretary
40and county agricultural commissioner acting under the direction
P11   1and supervision of the secretary, as specified in this act.end delete
begin insert authorized
2under this chapter.end insert

3(b) Any fees and penalties collected by a county agricultural
4 commissioner pursuant to Section 46017 and any other penalties
5collected by a county agricultural commissioner pursuant to this
6chapter shall be paid directly to the county agricultural
7commissioner and expended to fulfill the responsibilities of the
8county agricultural commissioner, as specified in this chapter.

9(c) The secretary shall establish a specific minimum amount to
10be reimbursed to each county agricultural commissioner per
11registrant in that county. This reimbursement shall not limit the
12amount of the reimbursement otherwise made to county
13commissioners for their enforcement activities.

14begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 46010.5 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
15amended to read:end insert

16

46010.5.  

begin insert(a)end insertbegin insertend insertNo fee established and collected pursuant to this
17chapter shall exceed the department’s costs or the county
18agricultural commissioner’s costs, as the case may be, of regulating
19and enforcing the provisions of this chapter related to the function
20for which the fee is established.

begin insert

21
(b) The fees established and collected pursuant to this chapter
22may be expended, under the advisement of the California Organic
23Products Advisory Committee, for activities authorized under this
24chapter, including assisting operations in achieving certification,
25conducting education and outreach, entering research and
26development partnerships, and addressing production or marketing
27obstacles to the growth of the organic sector.

end insert
28begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 46012 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
29amended to read:end insert

30

46012.  

Article 14 (commencing with Section 43031) of Chapter
312 applies to any food product that is represented as organically
32produced by any person who is not registered as required by this
33chapter or any product that is not in compliance with this chapter
34or Article 7 (commencing with Section 110810) of Chapter 5 of
35Part 5 of Division 104 of the Health and Safety Code. Thebegin delete director,end delete
36begin insert secretary,end insert agricultural commissioners, and thebegin delete State Director of
37Health Servicesend delete
begin insert directorend insert shall be considered enforcing officers for
38purposes of those provisions of law under their respective
39jurisdiction.

P12   1begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 46013.1 of the end insertbegin insertFood and Agricultural Codeend insert
2
begin insert is amended to read:end insert

3

46013.1.  

(a) Every person engaged in this state in the
4production or handling of raw agricultural products sold asbegin delete organic,
5and retailers that are engaged in the production of products sold
6as organic, and retailers that are engaged in the processing, as
7defined by the NOP, of products sold as organic, shall register
8with the agricultural commissioner in the county of principal
9operation prior toend delete
begin insert organic shall register with the department beforeend insert
10 the first sale of the product. All processors of organic agriculturally
11derived products that are not required to be registered as outlined
12in subdivision (b)begin delete mustend deletebegin insert shallend insert register with the secretary. Each
13registrantbegin delete mustend deletebegin insert shallend insert annually renew the registrationbegin insert with the
14departmentend insert
unless no longer engaged in the activities requiring
15the registration. begin delete Each registrant shall provide a complete copy of
16its registration to the county agricultural commissioner in any
17county in which the registrant operates.end delete

18(b) Every person engaged in this state in the processing or
19handling of processed products pursuant to Section 110460 of the
20Health and Safety Code, and pet food pursuant to Section 18653,
21and cosmetics pursuant to Section 111795 of the Health and Safety
22Code, including processors of alcoholic beverages, fish and
23seafood, shall register with the State Public Health Officer.

24(c) Registration pursuant to this section shall be on a form either
25provided by the secretary or approved by the secretary and shall
26be valid for a period of one calendar year from the date of
27validation by the secretary or county agricultural commissioner
28of the completed registration form.

29(d) The information provided on the registration form shall
30include all of the following:

31(1) The nature of the registrant’s business, including the
32categorical products produced, handled, or processed that are sold
33asbegin delete organic and the names and registration numbers of those persons
34for whom they sell product as applicable.end delete
begin insert organic. For the purposes
35of registration, organic products shall be categorized as follows:end insert

begin insert

36
(A) Citrus.

end insert
begin insert

37
(B) Fruit and vegetable row crops.

end insert
begin insert

38
(C) Livestock and dairy.

end insert
begin insert

39
(D) Stone fruit.

end insert
begin insert

40
(E) Tree fruit.

end insert
begin insert

P13   1
(F) Tree nuts.

end insert
begin insert

2
(G) Other, which includes, but is not limited to, organic fallow
3ground, herbs and mushrooms, cut flowers, nursery, and apiaries.

end insert
begin delete

4(2) (A) For producers, a detailed physical description of the
5precise location and dimensions of the facility or farm where the
6products are produced.

7(B) For exempt producers, in addition to the physical description
8specified in subparagraph (A), a map describing the boundaries
9and dimensions of the production area and all adjacent land uses,
10assigning field numbers to distinct fields or management units,
11and describing the size of each field or management unit.

12(C) When the exempt producer or exempt handler has not had
13control of the property being registered for at least 36 months,
14documentation shall be provided from previous owners or managers
15that shows the 36-month land use history. When the exempt
16producer or exempt handler is not the owner, documentation shall
17be provided from the owner granting permission for the parcel to
18be registered as organic by the exempt producer or exempt handler.

end delete
begin insert

19
(2) The address or assessor’s parcel number of the precise
20location or locations where the products are produced, processed,
21or handled.

end insert

22(3) Sufficient information, under penalty of perjury, to enable
23the secretarybegin delete or county agricultural commissionerend delete to verify the
24amount of the registration fee to be paid in accordance with this
25act.

26(4) The names of all certification organizations or governmental
27entities, if any, providing organic certification to them.

begin delete

28(5) In the case of exempt producers, for each field or
29management unit, a list of all substances applied to the crop, soil,
30growing medium, growing area, irrigation water or postharvest
31wash or rinse water, or seed, including the source of the substance,
32the brand name, if any, the rate of application, and the total amount
33applied in each calendar year, for at least the applicable time
34periods specified in this act.

end delete
begin delete

35(e) The registration form shall include a separate “public
36information sheet” or its equivalent that shall include:

end delete
begin delete

37(1) The name and address of the registrant.

end delete
begin delete

38(2) The nature of the registrant’s business, including the
39categorical products produced, handled, or processed that are sold
40as organic.

end delete
begin delete

P14   1(3) The names of all certification organizations or governmental
2entities, if any, providing certification pursuant to the NOP and
3this act.

end delete
begin delete

4(f)

end delete

5begin insert(e)end insertbegin insertend insertbegin insert(1)end insert A registration form shall be accompanied by payment
6of a nonrefundable registration fee by producers, handlers, and
7processors, which shall be based onbegin insert totalend insert gross sales by the
8registrant of product sold as organic in the calendar year that
9precedes the date of registration or, if no sales were made in the
10preceding year, then based on the expected sales during the 12
11calendar months following the date of registration.begin delete Unless specified
12elsewhere the fee is based according toend delete
begin insert The secretary, in
13consultation with the California Organic Products Advisory
14Committee, shall establish the registration fee not to exceed the
15amounts specified inend insert
the following schedule:


16

 

 

  Gross Sales

Registration Fee

$

0 -

4,999

$

25

$

5,000 -

10,000

$

50

$

10,001 -

begin delete

25,000

end delete
begin insert50,000end insert

$

75

begin delete

$

end delete
begin delete

25,001 -

end delete
begin delete

50,000

end delete
begin delete

$

end delete
begin delete

100

end delete

$

50,001 -

begin delete

100,000

end delete
begin insert250,000end insert

$

begin delete

175

end delete
begin insert$100end insert
begin delete

$

end delete
begin delete

100,001 -

end delete
begin delete

250,000

end delete
begin delete

$

end delete
begin delete

300

end delete

$

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

 

begin delete

34(1) Any person required to register pursuant to this section
35whose registration fee would be less than seventy-five dollars ($75)
36shall pay an initial registration fee of seventy-five dollars ($75).
37Thereafter, the amount of the annual fee shall be as specified above
38or, according to the applicable classification, as described in
39paragraphs (2) to (9), inclusive.

P15   1(2) Any person selling a multi-ingredient product in which less
2than 70 percent of the ingredients are organic shall pay a fee of
3one hundred dollars ($100) or one-half of the amount that would
4be due based on the above chart, whichever is more.

end delete
begin delete

5(3)

end delete

6begin insert(2)end insert Producers that sell processed product shall pay fees based
7on the value of raw productbegin delete prior toend deletebegin insert beforeend insert being processed and
8the value of any product sold as unprocessed.

begin delete

9(4)

end delete

10begin insert(3)end insert Any person that packs, repacks, labels, sorts, or otherwise
11handles any organic product that is outside the jurisdiction of the
12State Public Health Officer and that does not take title or manage
13the sale of the product, but provides only handling services for
14organic product, shall register and pay one hundred dollars ($100)
15per year.

begin delete

16(5) Commission merchants or brokers that do not take possession
17or title of the product but arrange for the sale of the product shall
18register and pay one hundred dollars ($100) per year.

19(6) A retail store engaged in the handling or processing of
20organic products shall register and pay a fee of one hundred dollars
21($100) for each store location that processes organic products
22onsite.

end delete
begin delete

23(7)

end delete

24begin insert(4)end insert Any person that provides temporary storage or transportation
25for organic product and does not handle the raw unpackaged
26product does not have to register.

begin delete

27(8) Any person that hires any other person for custom packing
28or labeling shall register and pay a fee based on the total sales of
29product custom produced for them as outlined in the chart above.
30In addition to the required registration information above the person
31must disclose on the registration form the names of all companies
32that pack and process for them.

end delete
begin delete

33(9)

end delete

34begin insert(5)end insert Any person required to register pursuant to this section that
35fits the description of more than one of the persons described above
36shall pay the greater of the multiple amounts.

begin delete

37(10)

end delete

38begin insert(6)end insert The secretary may require any producer, handler, processor,
39or other organic registrant to provide the exact dollar amount of
40gross sales of twenty-five million one dollars ($25,000,001) or
P16   1more in lieu of the range specified inbegin delete subdivision (f).end deletebegin insert paragraph
2(1).end insert

begin delete

3(11) The secretary may require any producer, handler, processor,
4or other organic registrant to submit gross sales by commodity and
5gross sales by acreage.

end delete
begin delete

6(g)

end delete

7begin insert(f)end insert The secretary may adopt regulations that supersede the terms
8of this section to the extent reasonably necessary to provide an
9online system of registration for those required to register pursuant
10to this section.

begin insert

11
(g) The adoption, amendment, or repeal of any fee pursuant to
12this section shall not be subject to the requirements of Chapter 3.5
13(commencing with Section 11340) of Part 1 of Division 3 of Title
142 of the Government Code. An order to adopt, amend, or repeal
15the regulations concerning assessment rates pursuant to this
16section shall be transmitted within 30 days by the secretary to the
17Office of Administrative Law. The Office of Administrative Law
18shall file the order promptly with the Secretary of State without
19further review pursuant to Article 6 (commencing with Section
2011349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the
21Government Code. The order shall do all of the following:

end insert
begin insert

22
(1) Indicate that the regulations are being adopted, amended,
23or repealed pursuant to this chapter.

end insert
begin insert

24
(2) State that the order is being transmitted for filing.

end insert
begin insert

25
(3) Request that the Office of Administrative Law publish a
26notice of the filing of the order and print an appropriate reference
27in Title 3 of the California Code of Regulations.

end insert
28begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 46013.2 of the end insertbegin insertFood and Agricultural Codeend insert
29
begin insert is amended to read:end insert

30

46013.2.  

(a) To the extent feasible, thebegin delete secretaryend deletebegin insert secretary, in
31consultation with the director,end insert
shall coordinate the registration and
32begin insert annualend insert fee collection procedures of this section with similar
33licensing or registration procedures applicable to registrants.

34(b) The secretary or county agricultural commissioner shall
35deny a registration submission that is incomplete or not in
36compliance with this act.

37(c) A registrant shall, within a reasonable time, notify the
38secretary of any change in the information reported on the
39registration form and shall pay any additional fee owed if that
40change results in a higher fee owed than that previously paid.

P17   1(d) begin insert(1)end insertbegin insertend insertAt the request of anybegin delete person, the “public information
2sheet” described in subdivision (e) of Section 46013.1 for any
3registrant shall be made available for inspection and copying at
4the main office of the department and each county agricultural
5commissioner. Copies of the “public information sheet” shall also
6be made available by mail, upon written request. Theend delete
begin insert person, the
7department or county agricultural commissioner shall provide the
8following:end insert

begin insert

9
(A) The name and address of the registrant.

end insert
begin insert

10
(B) The nature of the registrant’s business.

end insert
begin insert

11
(C) The names of all certification organizations or governmental
12entities, if any, providing certification pursuant to the NOP and
13this act.

end insert

begin insert end insert
14begin insert(2)end insertbegin insertend insertbegin insertTheend insert secretary or county agricultural commissioner may
15charge a reasonable fee for the cost of reproducingbegin delete a “public
16information sheet.”end delete
begin insert this information.end insert Except as provided in this
17subdivision, a registration form is exempt from Chapter 3.5
18(commencing with Section 6250) of Division 7 of Title 1 of the
19Government Code.

20(e) The secretary, in consultation with the California Organic
21Products Advisory Committee, may suspend the registration
22program set forth in this section if the secretary determines that
23income derived from registration fees is insufficient to support a
24registration enforcement program.

25(f) A registration is considered legal and valid until revoked,
26suspended, or until the expiration of the registration.

27(g) The registration revocation process shall be in conjunction
28with other provisions of this act. The secretary or county
29agricultural commissioner’s office may initiate the revocation
30process for failure to comply with the NOP or this act. Any person
31against whom the action is being taken shall have the opportunity
32to appeal the action and be afforded the opportunity to be heard
33in an administrative appeal. This appeal shall be administered by
34either the state or county agricultural commissioner’s office.

35(h) When the registration fee is not paid within 60 days from
36the expiration date, the account shall be considered closed and the
37registration voided. A notification shall be sent to the registrant
38and the certifier, if applicable, notifying them the registrant is no
39longer able to market products as organic until the account is paid
40in full.

P18   1(i) Any producer, handler, processor, or certification agency
2subject to this chapter that does not pay the fee within 10 days of
3the date on which the fee is due and payable shall pay a penalty
4of 10 percent of the total amount determined to be due plus interest
5at the rate of 1.5 percent per month on the unpaid balance.

6begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 46014.1 of the end insertbegin insertFood and Agricultural Codeend insert
7
begin insert is amended to read:end insert

8

46014.1.  

(a) Any certificationbegin delete organizationend deletebegin insert agencyend insert that certifies
9product in this state sold as organic shall register with the secretary
10and shall thereafter annually renew the registration, unless the
11organization is no longer engaged in the activities requiring the
12registration. Registration shall be on a form provided by the
13secretary, shall include a copy of accreditation by the USDA or
14proof of application if applicable.begin insert The secretary, in consultation
15with the California Organic Products Advisory Committee, shall
16establish a registration fee not to exceed five hundred dollars
17($500) annually for certifying agencies operating within the state.end insert

18(b) Each certificationbegin delete organizationend deletebegin insert agencyend insert shall pay to the
19secretary an annual registration fee of twenty-five dollars ($25)
20for each client they have certified in this state up to a maximum
21of two hundred fifty dollars ($250). Any registration submitted by
22a certificationbegin delete organizationend deletebegin insert agencyend insert shall be made available to the
23public for inspection and copying. The secretary may audit the
24begin delete organization’send deletebegin insert agency’send insert certification procedures and records at
25any time, but any records of the certificationbegin delete organizationend deletebegin insert agencyend insert
26 not otherwise required to be disclosed shall be kept confidential
27by the secretary.

begin insert

28
(c) An accredited certifying agency may submit an annual
29registration fee and application on behalf of their client provided
30that all of the information required under Section 46013.1 is
31included when remitting applicable fees to the department.

end insert
begin delete

32(c)

end delete

33begin insert(d)end insert The secretary and the county agricultural commissioners
34under the supervision of the secretary shall, if requested by a
35sufficient number of persons to cover the costs of the program in
36a county as determined by the secretary, establish a certification
37program. This program shall meet all of the requirements of this
38act. In addition, this program shall meet all of the requirements of
39the federal certification program, including federal accreditation.
40The secretary shall establish a fee schedule for participants in this
P19   1program that covers all of the department’s reasonable costs of the
2program. A county agricultural commissioner that conducts a
3voluntary certification program pursuant to this section shall
4establish a fee schedule for participants in this program that covers
5all of the county’s reasonable costs of the program. The secretary
6may not expend funds obtained from registration fees collected
7under this chapter for the purposes of adopting or administering
8this program. The certification fee authorized by this subdivision
9is due and payable on January 1 or may be prorated before the
1010th day of the month following the month in which the decision
11to grant the certification is issued. Any person who does not pay
12the amount that is due within the required period shall pay the
13enforcement authority providing the certificate a penalty of 10
14percent of the total amount determined to be due, plus interest at
15the rate of 1.5 percent interest per month on the unpaid balance.

begin insert

16
(e) Notwithstanding any other law, any certification agency that
17certifies product in this state sold as organic shall immediately
18make the following records available for inspection by, and shall
19upon request within 72 hours of the request provide a copy to, the
20secretary or county agricultural commissioner:

end insert
begin insert

21
(1) Records obtained from applicants for certification and
22certified operations.

end insert
begin insert

23
(2) Records created by the certifying agent regarding applicants
24for certification and certified operations.

end insert
begin insert

25
(3) Any record required to be kept under the National Organic
26Program (Section 6517 of the federal Organic Foods Production
27Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and 7 C.F.R. 205 et seq.),
28Article 7 (commencing with Section 110810) of Chapter 5 of Part
295 of Division 104 of the Health and Safety Code, and this act
30applicable to any person selling products as organic.

end insert
begin insert

31
(f) Records acquired pursuant to this section shall not be public
32records as that term is defined in Section 6252 of the Government
33Code and shall not be subject to Chapter 3.5 (commencing with
34Section 6250) of Division 7 of Title 1 of the Government Code.

end insert
35begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 46014.2 of the end insertbegin insertFood and Agricultural Codeend insert
36
begin insert is amended to read:end insert

37

46014.2.  

(a) All products sold as organic in California shall
38be certified bybegin delete a federallyend deletebegin insert anend insert accredited certifyingbegin delete agent,end deletebegin insert agentend insert if
39they are required to be certified under the federal act.

P20   1(b) Product shall be sold as organic only in accordance with this
2act.

3(c) A certificationbegin delete organizationend deletebegin insert agencyend insert shall be accredited by
4the USDA as provided in the NOP.

5begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 46014.4 of the end insertbegin insertFood and Agricultural Codeend insert
6
begin insert is amended to read:end insert

7

46014.4.  

A registered certificationbegin delete organizationend deletebegin insert agencyend insert shall
8submit to the secretary every January and June a list of all persons
9whose production or processing of product in California is certified.
10The list shall be publicly available within 30 days after the end of
11each filing period. A certifier that keeps a current list on a Web
12site available to the public may be deemed to meet this requirement.

13begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 46014.6 of the end insertbegin insertFood and Agricultural Codeend insert
14
begin insert is amended to read:end insert

15

46014.6.  

Only products that have been produced and handled
16in accordance with this act may be certified by a registered
17certificationbegin delete organization.end deletebegin insert agency.end insert

18begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 46016.5 of the end insertbegin insertFood and Agricultural Codeend insert
19
begin insert is amended to read:end insert

20

46016.5.  

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.

24begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 46021 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
25amended to read:end insert

26

46021.  

(a) It is unlawful for any person to certify any product
27in violation of this act.

28(b) It is unlawful for any person to certify a product or company
29as organic unless duly registered as a certificationbegin delete organizationend delete
30begin insert agencyend insert pursuant to this act.

31(c) It is unlawful for any person to willfully make a false
32statement or representation, or knowingly fail to disclose a fact
33required to be disclosed, in registration for a certification
34begin delete organizationend deletebegin insert agencyend insert pursuant to this act.

35begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 46028 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
36amended to read:end insert

37

46028.  

begin delete(a) end deletebegin deleteend deleteAll persons who produce, handle, or retail products
38that are sold as organic shall keep accurate and specific recordsbegin delete of
39the following as applicable:end delete
begin insert as required by the secretary in
P21   1consultation with the California Organic Products Advisory
2Committee.end insert

begin delete

3(1) The quantity harvested from each field or management unit,
4the size of the field or management unit, the field number, and the
5date of harvest.

6(2) Unless the livestock, fowl, or fish was raised or hatched by
7the producer, the name and address of all suppliers of livestock,
8fowl, or fish and the date of the transaction.

9(3) For each field or management unit, all substances applied
10to the crop, soil, growing medium, growing area, irrigation or post
11harvest wash or rinse water, or seed, the quantity of each substance
12applied, and the date of each application. All substances shall be
13identified by brand name, if any, and by source.

14(4) All substances administered and fed to the animal, including
15all feed, medication and drugs, and all substances applied in any
16area in which the animal, milk, or eggs are kept, including the
17quantity administered or applied, and the date of each application.
18All substances shall be identified by brand name, if any, and by
19source.

20(5) (A) Invoices, bills of lading or other documents that show
21transfer of title of certified organic products shall indicate the
22product is “organic” or “certified organic” and, if applicable, the
23California registration number of the person transferring the
24product.

25(B) Any person selling product that is exempt or excluded from
26certification under NOP rules, must follow the requirements of
27Section 205.101 of Title 7 of the Code of Federal Regulations.

28(6) All substances applied to the product or used in or around
29any area where product is kept including the quantity applied and
30the date of each application. All pesticide chemicals shall be
31identified by brand name, if any, and by source.

32(7) Except when sold to the consumer, the name and address of
33all persons, to whom or from whom the product is sold, purchased
34or otherwise transferred, the quantity of product sold or otherwise
35transferred, and the date of the transaction.

end delete
36begin insert

begin insertSEC. 20.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
39pursuant to Part 7 (commencing with Section 17500) of Division
404 of Title 2 of the Government Code.

end insert
begin delete
P22   1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) The State Organic Program was first established under the
4California Organic Products Act of 1990 and amended in the
5California Organic Products Act of 2003. The State Organic
6Program was developed before and during the development of
7federal organic standards. Today, a robust federal organic
8certification and enforcement program exists.

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

14(c) As a result of the State Organic Program, the National
15Organic Program focuses its enforcement funds outside of
16California, and it relies on the State Organic Program’s additional
17fees on California producers to fund enforcement in California.

18(d) The purpose of amending the existing law governing the
19State Organic Program is to reform fees and paperwork and to
20create a framework whereby state organic program enforcement
21activities are designed to supplement National Organic
22 Program-funded enforcement in California.

23

SEC. 2.  

Chapter 10 (commencing with Section 46000) of
24Division 17 of the Food and Agricultural Code is repealed.

25

SEC. 3.  

Chapter 10 (commencing with Section 46000) is added
26to Division 17 of the Food and Agricultural Code, to read:

27 

28Chapter  10. California Organic Food and Farming Act
29

29 

30Article 1.  General Provisions
31

 

32

46000.  

(a) This chapter and Article 7 (commencing with
33Section 110810) of Chapter 5 of Part 5 of Division 104 of the
34Health and Safety Code shall be known and may be cited as the
35California Organic Food and Farming Act.

36(b) The secretary and county agricultural commissioners under
37the supervision and direction of the secretary shall enforce
38regulations adopted by the National Organic Program (NOP)
39(Section 6517 of the federal Organic Foods Production Act of 1990
40(7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with
P23   1Section 110810) of Chapter 5 of Part 5 of Division 104 of the
2Health and Safety Code and this act applicable to any person selling
3products as organic.

4(c) This chapter shall be interpreted in conjunction with Article
57 (commencing with Section 110810) of Chapter 5 of Part 5 of
6Division 104 of the Health and Safety Code and regulations
7adopted by the National Organic Program (Section 6517 of the
8federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501
9et seq.)).

10

46001.  

For purposes of this act, the following terms have the
11following meanings:

12(a) “Accredited certification agency” means an entity accredited
13by the United States Department of Agriculture to certify
14operations as compliant with the federal organic standards.

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

16(c) “Categorical products” means categories of products of like
17commodity such as apples and salad products, and does not require
18variety specific information.

19(d) “Certified operation” means a producer, handler, or retail
20food establishment that is certified organic by an accredited
21certification agency as authorized by the federal Organic Foods
22Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and
23implemented pursuant to the National Organic Program.

24(e) “Data” means the information provided annually by persons
25registered under the act, including certified organic acreage and
26gross sales of certified organic products.

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

28(g) “Director” means the director and State Public Health Officer
29for the State Department of Public Health.

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

32(i) “Exempt handler” means a handling operation that sells
33agricultural products as “organic” but whose gross agricultural
34income from organic sales totals five thousand dollars ($5,000) or
35less annually.

36(j) “Exempt operation” means a production or handling operation
37that sells agricultural products but is exempt from certification
38under federal organic standards.

39(k) “Exempt producer” means a production operation that sells
40agricultural products as “organic” but whose gross agricultural
P24   1income from organic sales totals five thousand dollars ($5,000) or
2less annually.

3(l) “Federal organic standards” means the federal regulations
4governing production, labeling, and marketing of organic products
5as authorized by the federal Organic Foods Production Act of 1990
6(7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to the
7National Organic Program (7 C.F.R. Sec. 205 et seq.), and any
8amendments to the federal act or regulations made subsequent to
9the enactment of this chapter.

10(m) “Handle” means to sell, process, or package agricultural
11products. Handle does not include a producer selling, transporting,
12or delivering his or her crops or livestock to a handler.

13(n) “Handler” means any person engaged in the business of
14handling agricultural products, but does not include final retailers
15of agricultural products that do not process agricultural products.

16(o) “Handling operation” means any operation or portion of an
17operation, except final retailers of agricultural products that do not
18process agricultural products that (1) receives or otherwise acquires
19agricultural products, and (2) processes, packages, or stores
20agricultural products.

21(p) “Inspection” means the act of examining and evaluating a
22 production or handling operation to determine compliance with
23state and federal law.

24(q) “National Organic Program” or “NOP” means the National
25Organic Program established pursuant to the federal Organic Foods
26Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the
27regulations adopted for implementation.

28(r) “Person” means any individual, firm, partnership, trust,
29corporation, limited liability company, company, estate, public or
30private institution, association, organization, group, city, county,
31city and county, political subdivision of this state, other
32governmental agency within the state, and any representative,
33agent, or agency of any of the foregoing.

34(s) “Processing” means cooking, baking, heating, drying, mixing,
35grinding, churning, separating, extracting, cutting, fermenting,
36eviscerating, preserving, dehydrating, freezing, or otherwise
37manufacturing, and includes packaging, canning, jarring, or
38otherwise enclosing food in a container.

P25   1(t) “Producer” means a person who engages in the business of
2growing or producing food, fiber, feed, and other agricultural-based
3consumer products.

4(u) “Prohibited substance” means a substance the use of which
5in any aspect of organic production or handling is prohibited or
6not provided for in state or federal law.

7(v) “Residue testing” means an official or validated analytical
8procedure that detects, identifies, and measures the presence of
9chemical substances, their metabolites, or degradation products in
10or on raw or processed agricultural products.

11(w) “Retail food establishment” means a restaurant, delicatessen,
12bakery, grocery store, or any retail outlet with an in-store restaurant,
13delicatessen, bakery, salad bar, or other eat-in or carry-out service
14of processed or prepared raw and ready-to-eat-food.

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

16(y) “State Organic Program” or “SOP” means a state program
17that meets the requirements of Section 6506 of the federal Organic
18Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.), is
19approved by the Secretary of the United States Department of
20Agriculture, and is designed to ensure that a product that is sold
21or labeled as organically produced under the federal Organic Foods
22Production Act of 1990 is produced and handled using organic
23methods.

24(z) “USDA” means the United States Department of Agriculture.

25

46002.  

(a) All organic food or product regulations and any
26amendments to those regulations adopted pursuant to the federal
27Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et
28seq.), that are in effect on the date this act is enacted or that are
29adopted after that date, shall be the organic food and product
30regulations of this state.

31(b) The secretary may, by regulation, prescribe conditions under
32which organic foods or other products not addressed by the
33National Organic Program may be sold in this state.

34(c) The purpose of the State Organic Program shall be to do the
35following:

36(1) Supplement the National Organic Program enforcement of
37federal organic standards.

38(2) Promote coordination of federal, state, and local agencies
39in implementation of the National Organic Program.

P26   1(3) Expand, improve, and protect the production of organic
2products.

3(4) Assist operations in achieving organic certification.

4(5) Provide technical assistance, education, outreach, and
5guidance to the organic industry.

6(d) The secretary may receive and expend state and federal
7funds for activities authorized under this act.

8 

9Article 2.  Administration
10

 

11

46011.  

(a) The secretary shall establish a memorandum of
12understanding with the director to assist in the administration of
13the State Organic Program and responsibilities authorized under
14this act.

15(b) The secretary may contract with county agricultural
16commissioners to implement this act.

17

46012.  

(a) To the extent that funds are available, the secretary,
18in consultation with the advisory committee established pursuant
19to Section 46014, may establish procedures for and conduct the
20following activities to supplement enforcement of NOP standards
21in the state:

22(1) Receive and investigate complaints filed by any person
23concerning suspected acts of noncompliance with this act or federal
24organic standards.

25(2) Conduct periodic spot inspections.

26(3) Conduct periodic prohibited substance testing on products
27labeled as organic to supplement the Department of Pesticide
28Regulation residue testing program authorized in Section 12532,
29the pesticide residue monitoring program on processed foods
30authorized by Article 1 (commencing with Section 110425) of
31Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
32and annual testing conducted by accredited certification agencies.

33(4) Conduct farmers’ market inspections to supplement those
34conducted under the certified farmers’ market program pursuant
35to Chapter 10.5 (commencing with Section 47000).

36(b) Investigation, inspection, and prohibited material testing
37reports shall be forwarded to the secretary or to NOP for any
38required enforcement action.

39(c) The secretary shall coordinate State Organic Program
40activities authorized under this section with other county and state
P27   1licensing, registration, inspection, and fee collection procedures
2applicable to registrants.

3

46013.  

To the extent funds are available, the secretary may, in
4consultation with the advisory committee, use state organic
5program funds to conduct the following activities:

6(a) Expand, improve, and protect the production of organic
7products.

8(b) Assist operations in achieving organic certification, including
9transition to organic.

10(c) Provide technical assistance, education, outreach, and
11guidance to the organic industry.

12

46014.  

(a) The secretary shall establish an advisory committee,
13which shall be known as the California Organic Products Advisory
14Committee, for the purpose of advising the secretary with respect
15to his or her responsibilities under this act and Article 7
16(commencing with Section 110810) of Chapter 5 of Part 5 of
17Division 104 of the Health and Safety Code.

18(b) An advisory committee established under this chapter shall
19also advise the secretary, the University of California, and the
20California State University on education, outreach, and technical
21assistance for organic producers.

22(c) The advisory committee shall be comprised of 16 members
23as follows:

24(1) Six members shall be producers, at least one of whom shall
25be a producer of meat, fowl, fish, dairy products, or eggs.

26(2) Two members shall be processors.

27(3) One member shall be a wholesale distributor.

28(4) One member shall be a representative of an accredited
29certification agency operating in the state.

30(5) One member shall be a consumer representatives.

31(6) One member shall be an environmental representative.

32(7) Two members shall be technical representatives with
33scientific credentials related to agriculture or food science.

34(8) One member shall be a food retail establishment
35representative.

36(9) One member shall be a representative from the University
37of California or California State University system.

38(d) Except for the consumer, environmental, technical, and
39University of California or California State University system
40representatives, the members of the advisory committee shall have
P28   1derived a substantial portion of their business income, wages, or
2salary as a result of services they provide that directly result in the
3production, handling, processing, or retailing of products sold as
4organic for at least three years preceding their appointment to the
5advisory committee.

6(e) The consumer and environmental representatives shall not
7have a financial interest in the direct sales or marketing of the
8organic product industry and shall be members or employees of
9representatives of recognized nonprofit organizations whose
10principal purpose is the protection of consumer health or protection
11of the environment.

12(f) The technical and University of California or California State
13University system representatives shall not have a financial interest
14in the production, handling, processing, or marketing of the organic
15products industry. The technical and university system
16representatives may be involved in organic research or technical
17review providing they have no financial benefit from results of the
18research project or technical review.

19(g) (1) Each member of the committee may have an alternate
20who satisfies the same requirements as the member.

21(2) An alternate member shall serve at an advisory committee
22meeting only in the absence of, and shall have the same powers
23and duties as, the category whom he or she is representing as
24alternate, except for duties and powers as an officer of the
25committee. The number of alternates present who are not serving
26in the capacity of a member shall not be considered in determining
27a quorum.

28(3) An alternate member may serve at an advisory committee
29subcommittee meeting only in the absence of, and shall have the
30same powers and duties as, the member whom he or she is
31designated as alternate, except for duties and powers as a
32subcommittee chairperson.

33(h) The members of the advisory committee and their alternates
34shall be reimbursed for the reasonable expenses actually incurred
35in the performance of their duties, as determined by the advisory
36committee and approved by the secretary. The secretary may
37authorize payment of per diem to each attendee based on a
38recommendation of the advisory committee.

39(i) The secretary or his or her representative, the director or his
40or her representative, the director of the Department of Pesticide
P29   1Regulation or his or her representative, and a county agricultural
2commissioner may serve as ex officio members of the advisory
3committee.

4(j) The advisory committee shall review and make
5recommendations to the secretary and the director on the state
6organic program budget, including all fee revenues and penalties
7assessed from exempt operations, accredited certification agencies,
8and retail food establishments, and all expenses of the program.

9(k) The advisory committee shall meet at least two times
10annually and submit an annual report to the secretary that
11 summarizes issues for organic agriculture and food production in
12the state.

13 

14Article 3.  Registration
15

 

16

46021.  

(a) Except as specified in subdivision (b), a person
17engaged in this state in the production or handling of raw
18agricultural products sold as organic, and retailers that are engaged
19in the production of products sold as organic, and retailers that are
20engaged in the processing, as defined by the NOP, of products
21sold as organic, shall register with the county agricultural
22commissioner in the county of principal operation before the first
23sale of the product. All processors of organic agriculturally derived
24products that are not required to be registered with the director
25under Article 7 (commencing with Section 110810) of Chapter 5
26of Part 5 of Division 104 of the Health and Safety Code shall
27register with the secretary. Each registrant shall provide a complete
28copy of its registration to the county agricultural commissioner in
29any county in which the registrant operates.

30(b) A person certified under the National Organic Program shall
31be deemed registered and shall not be required to register pursuant
32to subdivision (a).

33(c) The secretary, in consultation with the advisory committee,
34shall establish procedures for registration and information required
35for registration.

36(d) Registration pursuant to this section shall be valid for one
37year and shall be renewed annually.

38

46022.  

(a) This act shall not apply to the term “natural” when
39used in the labeling or advertising of a product.

P30   1(b) This act also applies to seed, fiber, and horticultural products.
2The terms “foods” and “raw agricultural commodities” as used in
3this chapter include seed, fiber, and horticultural products where
4the context requires to effectuate this section.

5(c) Article 14 (commencing with Section 43031) of Chapter 2
6applies to any food product that is represented as organically
7produced by any person who is not registered as required by this
8chapter or any product that is not in compliance with this chapter
9or Article 7 (commencing with Section 110810) of Chapter 5 of
10Part 5 of Division 104 of the Health and Safety Code. The
11secretary, county agricultural commissioners, and the director shall
12be considered enforcing officers for purposes of those provisions
13of law under their respective jurisdiction.

14

46023.  

(a) To the extent feasible, the secretary shall coordinate
15the registration and fee collection procedures of this section with
16similar licensing or registration procedures applicable to registrants.

17(b) The secretary or county agricultural commissioner shall
18deny a registration submission that is incomplete or not in
19compliance with this act.

20(c) A registrant shall, within a reasonable time, notify the
21secretary of any change in the information reported on the
22registration form and shall pay any additional fee owed if that
23change results in a higher fee owed than that previously paid.

24(d) At the request of any person, the public information sheet
25for any registrant shall be made available for inspection and
26copying at the main office of the department and each county
27agricultural commissioner. Copies of the “public information sheet”
28shall also be made available by mail, upon written request. The
29secretary or county agricultural commissioner may charge a
30reasonable fee for the cost of reproducing a “public information
31sheet.” Except as provided in this subdivision, a registration form
32is exempt from Chapter 3.5 (commencing with Section 6250) of
33Division 7 of Title 1 of the Government Code.

34(e) The secretary, in consultation with the California Organic
35Products Advisory Committee, may suspend the registration
36program set forth in this section if the secretary determines that
37income derived from registration fees is insufficient to support a
38registration enforcement program.

39(f) A registration is considered legal and valid until revoked,
40suspended, or until the expiration of the registration.

P31   1(g) The registration revocation process shall be in conjunction
2with other provisions of this chapter. The secretary or county
3agricultural commissioner’s office may initiate the revocation
4process for failure to comply with the NOP or this act. Any person
5against whom the action is being taken shall have the opportunity
6to appeal the action and be afforded the opportunity to be heard
7in an administrative appeal. This appeal shall be administered by
8either the state or county agricultural commissioner’s office.

9(h) When the registration fee is not paid within 60 days from
10the expiration date, the account shall be considered closed and the
11registration voided. A notification shall be sent to the registrant
12and the certifier, if applicable, notifying them the registrant is no
13longer able to market products as organic until the account is paid
14in full.

15(i) Any producer, handler, processor, or certification agency
16subject to this chapter that does not pay the fee within 10 days of
17the date on which the fee is due and payable shall pay a penalty
18of 10 percent of the total amount determined to be due plus interest
19at the rate of 1.5 percent per month on the unpaid balance.

20

46024.  

(a) Any certification agency that certifies product in
21this state sold as organic shall register with the secretary and shall
22thereafter annually renew the registration, unless the certification
23agency is no longer engaged in the activities requiring the
24registration. Registration shall be on a form provided by the
25secretary, and shall include a copy of accreditation by the USDA
26or proof of application, if applicable.

27(b) For the purpose of conducting activities authorized under
28this act, the secretary shall require certifying agencies operating
29in the state to also annually submit the information that it submits
30to the NOP directly to the State Organic Program. The secretary
31shall accept the information in the same format that the certifying
32agent uses to submit information to the NOP.

33(c) Any registration submitted by a certification agency shall
34be made available to the public for inspection and copying. The
35secretary may audit the certification agency’s certification
36procedures and records at any time, but any records of the
37certification agency not otherwise required to be disclosed shall
38be kept confidential by the secretary.

39(d) The secretary and the county agricultural commissioners
40under the supervision of the secretary shall, if requested by a
P32   1sufficient number of persons to cover the costs of the program in
2a county as determined by the secretary, establish a certification
3program. This program shall meet all of the requirements of this
4chapter. In addition, this program shall meet all of the requirements
5of the federal certification program, including federal accreditation.
6A county agricultural commissioner that conducts a voluntary
7 certification program pursuant to this section shall establish a fee
8schedule for participants in this program that covers all of the
9county’s reasonable costs of the program. The secretary may not
10expend funds obtained from registration fees collected under this
11chapter for the purposes of adopting or administering this program.

12(e) The certification fee authorized under subdivision (d) is due
13and payable on January 1 or may be prorated before the 10th day
14of the month following the month in which the decision to grant
15the certification is issued. Any person who does not pay the amount
16that is due within the required period shall pay the enforcement
17authority providing the certificate a penalty of 10 percent of the
18total amount determined to be due, plus interest at the rate of 1.5
19percent per month on the unpaid balance.

20

46025.  

(a) All products sold as organic in California shall be
21certified by a federally accredited certifying agent, if they are
22required to be certified under the federal act.

23(b) Product shall be sold as organic only in accordance with this
24chapter.

25(c) A certification agency shall be accredited by the USDA as
26provided in the NOP.

27

46026.  

Materials allowed in organic production and processing
28are specified in the Federal Organic Standards (7 C.F.R. Sec. 205
29et seq.). Organic input materials for organic production are
30regulated under Chapter 5 (commencing with Section 14501) of
31Division 7.
32

32 

33Article 4.  Fees and Penalties
34

 

35

46031.  

(a) The secretary, in consultation with the advisory
36committee, shall establish a registration fee for producers, handlers,
37and retail food establishments that are exempt from certification
38under the NOP but who are required to register with the state
39pursuant to Section 46021. The registration fee shall not exceed
40the reasonable costs of enforcement activities as authorized under
P33   1Section 46012 on operations exempt from certification, up to a
2maximum of five hundred dollars ($500).

3(b) The secretary, in consultation with the advisory committee,
4shall establish a registration fee for certifying agencies operating
5within the state. The registration fee shall not exceed the reasonable
6costs of enforcement and monitoring of certifying agents.

7(c) The secretary, in consultation with the advisory committee,
8may establish an annual fee for producers for the purposes of
9funding the activities authorized under this act. Any fee established
10shall not exceed the following fee schedule for gross annual organic
11sales amounts:

12

 

Gross Annual Organic Sales

Annual Fee Amount

$0 - 4,999$25
$5,000 - 25,000$50

$25,001 - 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

 

25(d) The secretary, in consultation with the director pursuant to
26subdivision (a) of Section 46011, shall coordinate the collection
27and expenditure of annual fees. The secretary shall identify certified
28organic producers under the enforcement authority of the
29department based on the information provided under subdivision
30(b) of Section 46024 and shall annually bill and collect the
31applicable annual fee from the certified organic producers. The
32secretary shall not require information other than gross annual
33organic sales in the billing forms. The secretary shall forward
34certified organic producers identified as subject to enforcement
35by the department to the director for billing and fee collection.

36

46032.  

(a) The fees and penalties collected by the secretary
37and county agricultural commissioners pursuant to this chapter
38shall be deposited in the Department of Food and Agriculture Fund
P34   1and, upon appropriation by the Legislature, shall be expended
2solely to fulfill the activities authorized under this chapter.

3(b) By regulation, the secretary may establish procedures to
4allow any fees and penalties collected by a county agricultural
5commissioner pursuant to Section 46047 and any other penalties
6collected by a county agricultural commissioner pursuant to this
7chapter to be paid directly to the county agricultural commissioner
8and expended to fulfill the responsibilities of the county agricultural
9commissioner, as specified in this chapter.

10(c) Any person subject to this chapter that does not pay the
11registration fee within 10 days of the date on which the fee is due
12and payable shall pay a penalty of 10 percent of the total amount
13determined to be due plus interest at the rate of 1.5 percent per
14month on the unpaid balance.

15

46033.  

(a) Any fee established and collected pursuant to this
16chapter shall not exceed the department’s cost or the county
17agricultural commissioner’s costs, as the case may be, of regulating
18and enforcing the provisions of this chapter related to the function
19for which the fee is established.

20(b) The fees established and collected pursuant to this chapter
21may be expended, under the advisement of the advisory committee,
22for activities authorized under this chapter, including assisting
23operations in achieving certification, conducting education and
24outreach, entering research and development partnerships, and
25addressing production or marketing obstacles to the growth of the
26organic sector.

27 

28Article 5.  Enforcement
29

 

30

46041.  

(a) This chapter shall apply notwithstanding any other
31law that is inconsistent with this chapter. Nothing in this chapter
32is intended to repeal any other law consistent with this chapter.

33(b) Article 14 (commencing with Section 43031) of Chapter 2
34applies to any product that is represented as organically produced
35by any person who is not registered as required by this chapter or
36any product that is not in compliance with this chapter or the NOP.

37(c) The secretary, county agricultural commissioners, and the
38director shall be considered enforcing officers for purposes of
39those provisions of law under their respective jurisdiction.

P35   1(d) Any person may file a complaint with the director concerning
2suspected noncompliance with this chapter or Article 7
3(commencing with Section 110810) of Chapter 5 of Part 5 of
4Division 104 of the Health and Safety Code by a person under the
5enforcement jurisdiction of the director, as provided in subdivision
6(c).

7(e) The director shall, to the extent funds are available, establish
8procedures for handling complaints, including provision of a
9written complaint form, and procedures for commencing an
10investigation within three working days after receiving a complaint
11regarding fresh food, and within seven working days for other
12food, and completing an investigation and reporting findings and
13enforcement action taken, if any, to the complainant within 60
14days thereafter.

15(f) The director may establish minimum information
16 requirements to determine the verifiability of a complaint, and
17may provide for rejection of a complaint that does not meet the
18requirements. The director shall provide written notice of the
19reasons for rejection to the person filing the complaint.

20(g) The director shall carry out the functions and objectives of
21this chapter and Article 7 (commencing with Section 110810) of
22Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
23to the extent funds are available for those purposes.

24(h) A certified organic producer shall not be penalized if an
25accredited certifying agent fails to meet reporting requirements
26set forth in subdivision (b) of Section 46024.

27

46042.  

At the request of a county agricultural commissioner,
28the district attorney for that county may bring an action to enforce
29this act within the enforcement jurisdiction of that commissioner.

30

46043.  

(a) Any person may file a complaint with the secretary
31concerning suspected noncompliance with this act, as provided in
32regulations adopted by the NOP.

33(b) The secretary shall, to the extent funds are available,
34establish procedures for handling complaints, including provision
35of a written complaint form, and procedures for commencing an
36investigation within three working days after receiving a complaint
37regarding fresh food, and within seven working days for other
38products, and completing an investigation and reporting findings
39and enforcement action taken, if any, to the complainant within
4060 days thereafter.

P36   1(c) The secretary may establish minimum information
2requirements to determine the verifiability of a complaint, and
3may provide for rejection of a complaint that does not meet the
4requirements. The secretary shall provide written notice of the
5reasons for rejection to the person filing the complaint.

6(d) The secretary shall carry out the functions and objectives of
7this chapter to the extent funds are available for those purposes.

8(e) The complaint process in this state must also comply with
9the complaint process outlined in regulations adopted by the NOP.

10

46044.  

(a) A county agricultural commissioner may, at any
11time, initiate a notice and hearing process to determine whether a
12violation of these provisions has occurred. The hearing process to
13determine if a violation has occurred may include a review of the
14actions or records of all of the following:

15(1) The organic registrant.

16(2) A family member, employee, or any other person authorized
17to act on behalf of the registrant.

18(3) Any other person whose actions may have resulted in the
19violation.

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

22(1) The reasons why the hearing is being held.

23(2) A warning that failure to participate may result in other
24adverse actions or may be considered to be admission to a possible
25violation.

26(3) A hearing date, time, and location of the hearing.

27(4) The secretary or county agricultural commissioner may,
28upon determination that a violation has been made in accordance
29with subdivision (a), take any corrective action as specified in this
30act.

31

46045.  

(a) Any person may appeal to the secretary for a hearing
32if aggrieved by either of the following actions or decisions:

33(1) Denial of any registration.

34(2) Revocation of any registration.

35(b) The appeal shall be submitted to the secretary in writing
36within 30 days of the date the action, or the letter proposing the
37action. The secretary’s proceeding shall, insofar as practicable,
38comply with the provisions of the Administrative Procedure Act
39(Chapter 5 (commencing with Section 11500) of Part 1 of Division
P37   13 of Title 2 of the Government Code), except that a department
2hearing officer may be used.

3

46046.  

As provided for in regulations adopted by the NOP,
4the action proposed by a NOP accredited certification agency
5against a client may be appealed to the secretary for mediation.

6

46047.  

(a) In lieu of prosecution, the secretary or a county
7agricultural commissioner may levy an administrative penalty
8against any person under the enforcement jurisdiction of the
9secretary as provided in Section 46000 who violates this act, or
10any regulation adopted pursuant thereto or pursuant to this chapter,
11or regulations adopted by the NOP, in an amount not more than
12five thousand dollars ($5,000) for each violation. The amount of
13the penalty assessed for each violation shall be based upon the
14nature of the violation, the seriousness of the effect of the violation
15upon effectuation of the purposes and provisions of this chapter
16and the impact of the penalty on the violator, including the deterrent
17effect on future violations.

18(b) Notwithstanding the penalties prescribed in subdivision (a),
19if the secretary or county agricultural commissioner finds that a
20violation was not intentional, the secretary or county agricultural
21commissioner may levy an administrative penalty of not more than
22two thousand five hundred dollars ($2,500) for each violation.

23(c) For a first offense, in lieu of an administrative penalty as
24prescribed in subdivision (a) or (b), the secretary or county
25agricultural commissioner may issue a notice of violation if he or
26she finds that the violation is minor.

27(d) A person against whom an administrative penalty is proposed
28shall be afforded an opportunity for a hearing before the secretary
29or county agricultural commissioner, upon request made in writing
30within 30 days after the issuance of the notice of penalty. At the
31hearing, the person shall be given the right to review the secretary’s
32or commissioner’s evidence of the violation and the right to present
33evidence on his or her own behalf. If no hearing is requested, the
34administrative penalty shall constitute a final and nonreviewable
35order.

36(e) If a hearing is held, review of the final decision of the
37secretary or county agricultural commissioner may be requested
38in writing by any person, pursuant to Section 1094.5 of the Code
39of Civil Procedure within 30 days of the date of the final order of
40the secretary or county agricultural commissioner.

P38   1(f) An administrative penalty levied by the secretary pursuant
2to this section may be recovered in a civil action brought in the
3name of the state. An administrative penalty levied by a county
4agricultural commissioner pursuant to this section may be
5recovered in a civil action brought in the name of the county. After
6the exhaustion of the review procedures provided in this section,
7a county agricultural commissioner, or his or her representative,
8may file a certified copy of a final decision of the commissioner
9that directs the payment of an administrative penalty and, if
10applicable, a copy of any order that denies a petition for a writ of
11administrative mandamus with the clerk of the superior court of
12any county. Judgment shall be entered immediately by the clerk
13in conformity with the decision or order. Pursuant to Section 6103
14of the Government Code, no fees shall be charged by the clerk of
15the superior court for the performance of any official service
16required in connection with the entry of judgment pursuant to this
17section.

18(g) The secretary shall maintain in a central location, and make
19publicly available for inspection and copying upon request, a list
20of all administrative penalties levied by the secretary and by each
21county agricultural commissioner within the past five years,
22including the amount of each penalty, the person against whom
23the penalty was levied, and the nature of the violation. Copies of
24this list shall also be available by mail, upon written request and
25payment of a reasonable fee, as set by the secretary.

26

46048.  

The secretary and the county agricultural commissioners
27may conduct a program of spot inspections to determine
28compliance with this act.

29

46049.  

(a) It is unlawful for any person to sell, offer for sale,
30advertise, or label any product in violation of this act.

31(b) Notwithstanding subdivision (a), a person engaged in
32business as a handler, distributor, or retailer of food who in good
33faith sells, offers for sale, labels, or advertises any product in
34reliance on the representations of a producer, processor, or other
35distributor that the product may be sold as organic, shall not be
36found to violate this act unless the distributor either:

37(1) Knew or should have known that the product could not be
38sold as organic.

39(2) Was engaged in producing or processing the product.

P39   1(3) Prescribed or specified the manner in which the product was
2produced or processed.

3

46050.  

(a) It is unlawful for any person to certify any product
4in violation of this act.

5(b) It is unlawful for any person to certify a product or company
6as organic unless duly registered as a certification agency pursuant
7to this act.

8(c) It is unlawful for any person to willfully make a false
9statement or representation, or knowingly fail to disclose a fact
10required to be disclosed, in registration for a certification agency
11pursuant to this act.

12

46051.  

(a) It is unlawful for any person to produce or handle
13any product sold as organic unless duly registered pursuant to
14Section 46021.

15(b) It is unlawful for any person to willfully make a false
16statement or representation, or knowingly fail to disclose a fact
17required to be disclosed, in registration pursuant to Section 46021.

18

46052.  

It is unlawful for any person to forge, falsify, fail to
19retain, fail to obtain, or fail to disclose records pursuant to Section
2046055.

21

46053.  

(a) It is unlawful for any person to advertise, label, or
22otherwise represent that any fertilizer or pesticide chemical may
23be used in connection with the production, processing, or
24distribution of products sold as organic if that fertilizer or pesticide
25chemical contains a prohibited substance.

26(b) It is unlawful for any person to refuse to submit for
27inspection.

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

29(d) It is unlawful for any person to alter any organic registration
30form.

31(e) It is unlawful for any person to alter any certification
32document.

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

34(g) It is unlawful for any person to remove a hold off sale or
35disposal order from any lot of product.

36(h) It is unlawful to use the term “transitional organic” in this
37state.

38

46054.  

No food or product may be advertised or labeled as
39“organic when available” or similar terminology that leaves in
40doubt whether the food is being sold as organic.

P40   1

46055.  

All persons who produce, handle, or retail products
2sold as organic and are exempt from organic certification under
3the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec.
46501 et seq.) shall keep accurate and specific records as required
5by the secretary, in consultation with the advisory committee.
6Certified organic operations shall keep records required under the
7federal organic standards.

8

46056.  

(a) Notwithstanding any other law, any producer,
9handler, processor, or retailer of product sold as organic shall
10immediately make available for inspection by, and shall upon
11request, within 72 hours of the request, provide a copy to, the
12secretary, the Attorney General, any prosecuting attorney, any
13governmental agency responsible for enforcing laws related to the
14production or handling of products sold as organic, of any record
15required to be kept under this section for purposes of carrying out
16this chapter. Records acquired pursuant to this chapter shall not
17be public records as that term is defined in Section 6252 of the
18Government Code and shall not be subject to Chapter 3.5
19(commencing with Section 6250) of Division 7 of Title 1 of the
20Government Code.

21(b) Upon written request of any person that establishes cause
22for the request, the secretary shall obtain and provide to the
23requesting party within 10 working days of the request a copy of
24any of the following records required to be kept under this chapter
25that pertain to a specific product sold or offered for sale, and that
26identify substances applied, administered, or added to that product,
27except that financial information about an operation or transaction,
28information regarding the quantity of a substance administered or
29applied, the date of each administration or application, information
30regarding the identity of suppliers or customers, and the quantity
31or price of supplies purchased or products sold shall be removed
32before disclosure and shall not be released to any person other than
33persons and agencies authorized to acquire records under
34subdivision (a):

35(1) Records of a producer, as described in Section 46056.

36(2) Records of a handler, as described in Section 46056, records
37of previous handlers, if any, and producers as described in Section
3846056 without identifying the previous handlers or producers, and,
39if applicable, records obtained as required in this act.

P41   1(3) (A) Records of a retailer, as described in Section 46056,
2records of previous handlers, if any, and producers as described
3in Section 46056 without identifying the previous processors,
4handlers, or producers, and, if applicable, records obtained as
5required in subdivision (d). This subdivision shall be the exclusive
6means of public access to records required to be kept by producers,
7processors, handlers, and retailers under this chapter.

8(B) A person required to provide records pursuant to a request
9under this subdivision, may petition the secretary to deny the
10request based on a finding that the request is of a frivolous or
11harassing nature. The secretary may, upon the issuance of this
12finding, waive the information production requirements of this
13subdivision for the specific request for information that was the
14subject of the petition.

15(c) Information specified in subdivision (b) that is required to
16be released upon request shall not be considered a “trade secret”
17under Section 110165, Section 1060 of the Evidence Code, or the
18Uniform Trade Secrets Act (Title 5 (commencing with Section
193426) of Part 1 of Division 4 of the Civil Code).

20(d) The secretary may charge the person requesting records a
21reasonable fee to reimburse himself or herself or the source of the
22records for the cost of reproducing the records requested.

23(e) The secretary shall not be required to obtain records not in
24his or her possession in response to a subpoena. Before releasing
25records required to be kept pursuant to this act in response to a
26subpoena, the secretary shall delete any information regarding the
27identity of suppliers or customers and the quantity or price of
28supplies purchased or products sold.

29

SEC. 4.  

Section 110810 of the Health and Safety Code is
30amended to read:

31

110810.  

This article and Chapter 10 (commencing with Section
3246000) of Division 17 of the Food and Agricultural Code shall be
33known and may be cited as the California Organic Food and
34Farming Act.

35

SEC. 5.  

Section 110812 of the Health and Safety Code is
36amended to read:

37

110812.  

The director, in consultation with the Secretary of
38Food and Agriculture, shall enforce regulations promulgated by
39the National Organic Program (Section 6517 of the federal Organic
40Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)),
P42   1provisions of this article, and Chapter 10 (commencing with
2Section 46000) of Division 17 of the Food and Agricultural Code.

3

SEC. 6.  

Section 110815 of the Health and Safety Code is
4repealed.

5

SEC. 7.  

Section 110815 is added to the Health and Safety Code,
6to read:

7

110815.  

The definitions set forth in Section 46001 of the Food
8and Agricultural Code shall apply to this article.

9

SEC. 8.  

Section 110860 of the Health and Safety Code is
10amended to read:

11

110860.  

A registered certification agency or a federally
12accredited certification agency shall, at least annually, physically
13inspect the premises where the food to be certified is produced
14and processed. The inspection shall include an examination of
15recordkeeping.

16

SEC. 9.  

Section 110870 of the Health and Safety Code is
17repealed.

18

SEC. 10.  

Section 110875 of the Health and Safety Code is
19amended to read:

20

110875.  

(a) A person certified under the National Organic
21Program shall be deemed registered for the purposes of the State
22Organic Program and shall not be required to separately register
23with the state.

24(b) Every person engaged in this state in the processing or
25handling of processed products for human consumption, including
26dietary supplements, alcoholic beverages, and fish or seafood sold
27as organic (except for processors and handlers of processed meat,
28fowl, or dairy products and retailers that are engaged in the
29processing or handling of products sold as organic), and every
30person engaged in the processing or handling of animal food and
31cosmetics sold as organic, shall register with the director, and shall
32thereafter annually renew the registration unless no longer so
33engaged. Handlers of processed food products that are registered
34with the department pursuant to Article 2 (commencing with
35Section 110460) shall register under this section in conjunction
36with the annual renewal of their registration pursuant to that article.
37Handlers of organic products that are required to be registered to
38manufacture, pack, or hold processed food pursuant to Article 2
39(commencing with Section 110460) of Chapter 5 of Part 5 of
40Division 104, licensed to bottle, vend, haul, or process water
P43   1pursuant to Article 12 (commencing with Section 11070) of
2Chapter 5 of Part 5 of Division 104, certified to process or handle
3fresh or frozen seafood or fresh or frozen raw shellfish pursuant
4to Chapter 5 (commencing with Section 112150) of Part 6 of
5Division 104, licensed to operate a cold storage facility pursuant
6to Chapter 6 (commencing with Section 112350) of Part 6 of
7Division 104, licensed to process low acid canned foods pursuant
8to Chapter 8 (commencing with Section 112650) of Part 6 of
9Division 104, licensed to manufacture olive oil pursuant to Chapter
109 (commencing with Section 112875) of Part 6 of Division 104,
11and licensed or registered to process or hold pet food in California
12pursuant to Chapter 10 (commencing with Section 113025) of Part
136 of Division 104, shall possess a valid registration or license in
14order to obtain a valid organic registration for the same facility
15under this section. All others required to register under this
16subdivision shall register within 30 days of forms being made
17available for this purpose. Any processor or handler of processed
18products required to register under this subdivision that does not
19pay the registration fee required by subdivision (d) within 30 days
20of the date on which the fee is due and payable shall pay a penalty
21of 112 percent per month on the unpaid balance.

22(c) Registration shall be on a form provided by the director and
23shall be valid for a period of one calendar year from the date of
24validation of the completed registration form. The director shall
25make registration forms available for this purpose. The information
26provided on the registration form shall include all of the following:

27(1) The nature of the registrant’s business, including the specific
28commodities and quantities of each commodity that is handled
29and sold as organic.

30(2) The total current annual organic gross sales, or if not selling
31the product, the total current gross annual revenue received from
32processing, packaging, repackaging, labeling, or otherwise handling
33organic products for others, in dollars.

34(3) The names of all certification organizations and
35governmental entities, if any, providing certification to the
36registrant pursuant to this article and the regulations adopted by
37the NOP.

38(4) Sufficient information, under penalty of perjury, to enable
39 the director to verify the amount of the registration fee to be paid
40in accordance with subdivision (d).

P44   1(d) To the extent feasible, the director shall coordinate the
2registration and fee collection procedures of this section with
3similar licensing or registration procedures applicable to registrants.
4When coordinating the organic registration with other required
5registrations or licenses identified in subdivision (b), the expiration
6date shall be the same expiration date as the valid license or
7registration. For persons that hold two-year licenses or registrations
8pursuant to subdivision (b), the organic registration shall be
9renewed annually using the same expiration month and day as the
10two-year license or registration.

11(e) A registration form shall be accompanied by payment of a
12nonrefundable registration fee payable to the department by
13 handlers that shall be based on annual gross sales of organic
14product or annual revenue received from processing, packaging,
15repackaging, labeling, or otherwise handling organic product for
16others, by the registrant in the calendar year that precedes the date
17of registration. If no sales or revenue were made in the preceding
18year, then based on the expected sales or revenue during the 12
19calendar months following the date of registration.

20(f) The director, in consultation with the California Organic
21Products Advisory Committee, may establish an annual fee for
22processors and handlers for the purpose of funding the activities
23authorized under this article, not to exceed the following amounts:


24

 

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

P44  35

 

36(1) Any handler that does not take possession or title of the
37product but arranges for the sale of the product shall register and
38pay one hundred dollars ($100) per year.

39(2) Any person that only provides temporary storage for seven
40days or less, or only provides transportation for organic product
P45   1and does not handle the processed packaged product, does not
2have to register.

3(3) Any person that hires any other person to custom pack,
4repack, or label organic products shall register and pay a fee based
5on the total annual sales of products custom packed, repacked, or
6labeled for them as outlined in the chart above.

7(g) Revenue received pursuant to this section shall be deposited
8in the Food Safety Fund created pursuant to Section 110050.

9(h) The director shall reject a registration submission that is
10incomplete or not in compliance with this article and regulations
11promulgated by the NOP.

12(i) The director shall provide a validated certificate to the
13registrant.

14(j) Registration forms shall be made available to the public for
15inspection and copying at the main office of the department. Copies
16of registration forms shall also be made available by mail, upon
17written request and payment of a reasonable fee, as determined by
18the director. Registration information regarding quantity of
19products sold and gross sales volume in dollars shall be deleted
20before public inspection and copying and shall not be released to
21any person except other employees of the department, the
22Department of Food and Agriculture, a county agricultural
23commissioner, the Attorney General, any prosecuting attorney, or
24any government agency responsible for enforcing laws related to
25the activities of the person subject to this part.

26(k) A registrant shall immediately notify the director of any
27change in the information reported on the registration form and
28shall pay any additional fee owed if that change results in a higher
29fee owed than previously paid.

30(l) The director in consultation with the California Organic
31Products Advisory Committee, may suspend the registration
32program set forth in this section if the director determines that
33income derived from registration fees is insufficient to support a
34registration enforcement program.

35(m) A registration is considered legal and valid until revoked,
36suspended, or until the expiration of the registration.

37(n) The registration revocation process shall be in conjunction
38with other provisions of this article. The director can initiate the
39revocation process for failure to comply with this article or any
40part of the regulations adopted pursuant to the NOP. Any person
P46   1against whom the action is being taken shall have the opportunity
2to appeal the action and be afforded the opportunity to be heard
3in an administrative appeal. This appeal can be administered by
4either the state or county agricultural commissioner’s office.

5(o) When the registration fee is not paid within 60 days from
6the expiration date the account may be considered closed and the
7registration voided. A notification shall be sent to the registrant
8and the certifier shall notify them that they are no longer able to
9market products as organic until the account is paid in full.

10(p) Any registration that is more than 60 days late shall be
11considered invalid and it is a violation if product is sold as organic.

12

SEC. 11.  

Section 110920 of the Health and Safety Code is
13amended to read:

14

110920.  

(a) The department shall use funds appropriated by
15the Legislature in the annual Budget Act from fees collected
16pursuant to Section 46031 of the Food and Agricultural Code to
17fulfill its obligations under this article.

18(b) No fee established and collected pursuant to this article shall
19exceed the department’s costs of regulating and enforcing the
20provisions of this article related to the function for which the fee
21is established.

22

SEC. 12.  

Section 110958 of the Health and Safety Code is
23repealed.

24

SEC. 13.  

Section 110958 is added to the Health and Safety
25Code
, to read:

26

110958.  

(a) Annually, the department shall compile, publish,
27and submit to the California Organic Products Advisory Committee
28a summary of the following information:

29(1) Enforcement actions taken by the department in that fiscal
30year.

31(2) Accounting revenues received and expended by the
32department in implementing this article.

33(3) Gross annual sales of organic processed products.

34(b) The information shall be presented in an aggregate form that
35preserves the confidentiality of proprietary information of
36individual businesses.

37

SEC. 14.  

If the Commission on State Mandates determines
38that this act contains costs mandated by the state, reimbursement
39to local agencies and school districts for those costs shall be made
P47   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.

end delete


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