California Legislature—2013–14 Regular Session

Assembly Bill No. 1909

Introduced by Assembly Member Yamada

February 19, 2014

An act to amend Section 46013.1 of the Food and Agricultural Code, relating to food and agriculture.

LEGISLATIVE COUNSEL’S DIGEST

AB 1909, as introduced, Yamada. Food and agriculture: organic foods: registration.

Existing law requires every person engaged in this state in the production or handling of raw agricultural products sold as organic, retailers that are engaged in the production of products sold as organic, and retailers that are engaged in the processing, as defined, of products sold as organic, to register with the agricultural commissioner in the county of principal operation prior to the first sale of the product. Existing law requires all processors of specified organic agriculturally derived products that are not required to be registered with State Public Health Officer, to register with the Secretary of Agriculture.

This bill would make nonsubstantive changes in those provisions.

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

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

SECTION 1.  

Section 46013.1 of the Food and Agricultural
Code is amended to read:

46013.1.  

(a) Every person engaged in this state in the
production or handling of raw agricultural products sold as organic,
begin delete and end delete retailers that are engaged in the production of products begin insert that
are end insert sold as organic, and retailers that are engaged in the processing,
as defined by the NOP, of products sold as organic, shall register
with the agricultural commissioner in the county of principal
operation begin delete prior to end delete begin insert before end insert the first sale of the product. All processors
of organic agriculturally derived products that are not required to
be registered as outlined in subdivision (b) begin delete must end delete begin insert shall end insert register with
the secretary. Each registrant begin delete must end delete begin insert shall end insert annually renew the
registration unless no longer engaged in the activities requiring
the registration. Each registrant shall provide a complete copy of
its registration to the county agricultural commissioner in any
county in which the registrant operates.

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

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

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

(1) The nature of the registrant’s business, including the
categorical products produced, handled, or processed that are sold
as organic and the names and registration numbers of those persons
for whom they sell product as applicable.

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

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

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

(3) Sufficient information, under penalty of perjury, to enable
the secretary or county agricultural commissioner to verify the
amount of the registration fee to be paid in accordance with this
act.

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

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

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

(1) The name and address of the registrant.

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

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

(f) A registration form shall be accompanied by payment of a
nonrefundable registration fee by producers, handlers, and
processors, which shall be based on gross sales by the registrant
of product sold as organic in the calendar year that precedes the
date of registration or, if no sales were made in the preceding year,
then based on the expected sales during the 12 calendar months
following the date of registration. Unless specified elsewhere the
fee is based according to the following schedule:

 

	Gross Sales		Registration Fee
$	0 -	4,999	$	25
$	5,000 -	10,000	$	50
$	10,001 -	25,000	$	75
$	25,001 -	50,000	$	100
$	50,001 -	100,000	$	175
$	100,001 -	250,000	$	300
$	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

 

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

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

(3) Producers that sell processed product shall pay fees based
on the value of raw product begin delete prior to end delete begin insert before end insert being processed and
the value of any product sold as unprocessed.

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

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

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

(7) Any person that provides temporary storage or transportation
for organic product and does not handle the raw unpackaged
product does not have to register.

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

(9) Any person required to register pursuant to this section that
fits the description of more than one of the persons described above
shall pay the greater of the multiple amounts.

(10) The secretary may require any producer, handler, processor,
or other organic registrant to provide the exact dollar amount of
gross sales of twenty-five million one dollars ($25,000,001) or
more in lieu of the range specified in subdivision (f).

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

(g) The secretary may adopt regulations that supersede the terms
of this section to the extent reasonably necessary to provide an
online system of registration for those required to register pursuant
to this section.