Organic Foods - - CA Food And Agriculture Code

Section § 46000

The California Organic Food and Farming Act is the official name for this law, which includes specific sections from the California Health and Safety Code. It gives authority to the state secretary and county agricultural commissioners to enforce organic food regulations. These regulations need to follow the standards set by the National Organic Program, part of the federal Organic Foods Production Act of 1990. This law applies to anyone selling products labeled as organic.

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

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

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(Amended by Stats. 2016, Ch. 403, Sec. 2. (AB 1826) Effective January 1, 2017.)

Section § 46001

This law section indicates that the rules in this chapter must be understood together with specific parts of California's Health and Safety Code and the federal National Organic Program regulations. Essentially, it ties state organic labeling and production guidelines with federal standards, ensuring consistency across both.

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

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(Amended by Stats. 2016, Ch. 403, Sec. 3. (AB 1826) Effective January 1, 2017.)

Section § 46002

This California law makes all current and future federal organic food regulations part of the state's laws. It allows the state to create additional rules for organic products not covered by the federal guidelines. The law also aims to improve cooperation between governmental levels and to support organic farming through education and outreach. The secretary can receive and use state and federal funds for these purposes.

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

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

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

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

(2) Support organic agriculture through education, outreach, and other programmatic activities.

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

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(Amended by Stats. 2016, Ch. 403, Sec. 4. (AB 1826) Effective January 1, 2017.)

Section § 46003

This law establishes the California Organic Products Advisory Committee to assist the secretary in duties related to organic products. The committee consists of 15 members and their alternates, representing various stakeholders like producers, processors, distributors, and consumer groups.

The committee advises on education and outreach for organic producers. Members must have relevant business experience, while consumer and environmental representatives must come from nonprofit organizations. Technical representatives can't have financial interests in the organic industry but can be involved in research.

Alternates can serve and have the same powers in the absence of regular members, except as committee officers or subcommittee chairs. Members and alternates are reimbursed for expenses incurred while performing their duties.

(a) The secretary shall establish an advisory committee, which shall be known as the California Organic Products Advisory Committee, for the purpose of advising the secretary with respect to his or her responsibilities under this act.

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

(c) The advisory committee shall be comprised of 15 members. Each member may have an alternate. Six members and their alternates shall be producers, at least one of whom shall be a producer of meat, fowl, fish, dairy products, or eggs. Two members and their alternates shall be processors, one member and his or her alternate shall be wholesale distributors, one member and his or her alternate shall be representatives of an accredited certifying agency operating in the state, one member and his or her alternate shall be consumer representatives, one member and his or her alternate shall be environmental representatives, two members and their alternates shall be technical representatives with scientific credentials related to agricultural chemicals, toxicology, or food science, and one member and his or her alternate shall be retail representatives. Except for the consumer, environmental, and technical representatives, the members of the advisory committee and their alternates shall have derived a substantial portion of their business income, wages, or salary as a result of services they provide that directly result in the production, handling, processing, or retailing of products sold as organic for at least three years preceding their appointment to the advisory committee. The consumer and environmental representatives and their alternates shall not have a financial interest in the direct sales or marketing of the organic product industry and shall be members or employees of representatives of recognized nonprofit organizations whose principal purpose is the protection of consumer health or protection of the environment. The technical representatives and their alternates shall not have a financial interest in the production, handling, processing, or marketing of the organic products industry. The technical representatives may be involved in organic research or technical review providing they have no financial benefit from results of the research project or technical review.

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

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

(f) The members of the advisory committee and their alternates shall be reimbursed for the reasonable expenses actually incurred in the performance of their duties, as determined by the advisory committee and approved by the secretary.

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

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(Amended by Stats. 2017, Ch. 561, Sec. 61. (AB 1516) Effective January 1, 2018.)

Section § 46003.2

This law allows the secretary, with advice from the California Organic Products Advisory Committee and contingent upon available funding, to carry out several activities to support and ensure compliance with organic standards. These activities include investigating complaints about noncompliance, conducting both announced and surprise spot inspections, and testing products labeled as organic without charging those conducting the tests. It also involves inspecting farmers’ markets, promoting organic farming through various initiatives, and covering costs related to enforcement and market surveillance.

Additionally, the secretary can organize hearings and mediation related to enforcement actions. All reports from investigations, inspections, and prohibited substance testing must be submitted to the secretary for any necessary enforcement. The secretary must also work in sync with other county and state bodies involved in licensing, registration, and inspections related to organic products.

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

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

(2) Conduct periodic announced and unannounced spot inspections.

(3) Collect samples to conduct periodic substance testing on products labeled as organic. There shall be no charge to the inspector or investigator for the samples taken.

(4) Conduct farmers’ market inspections.

(5) Support organic agriculture through education, outreach, and other programmatic activities.

(6) Reimburse investigation, enforcement, and market surveillance expenses, including expenses incurred by any county agricultural commissioner for actions conducted pursuant to this chapter.

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

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

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

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(Amended by Stats. 2024, Ch. 456, Sec. 1. (SB 1117) Effective January 1, 2025.)

Section § 46004

This law lets anyone file a complaint if they suspect that rules about food safety are not being followed. The director in charge must create a process for handling these complaints, including using a special form and starting an investigation quickly—within three days for fresh food issues and seven days for other food concerns. The investigation should be completed, with results shared, within 60 days.

The director can require certain information to accept a complaint and can reject those that don't meet these requirements, but must explain why in writing. All actions depend on having enough funds to carry them out.

(a) Any person may file a complaint with the director concerning suspected noncompliance with this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code by a person under the enforcement jurisdiction of the director, as provided in Section 46000.

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

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

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

food safety complaints noncompliance issues investigation procedures fresh food investigation complaint form director's role food safety enforcement minimum information requirements complaint rejection investigation timelines reporting findings enforcement jurisdiction Health and Safety Code compliance complaint filing process fund availability for investigations

(Amended by Stats. 1996, Ch. 1023, Sec. 69. Effective September 29, 1996.)

Section § 46004.1

This section defines key terms used in the California Organic Food and Farming Act and the federal Organic Foods Production Act. It explains what 'accredited certification agency' means and outlines categories of products involved, such as crops and livestock operations certified as organic by such agencies. The section also clarifies terms like 'exempt handler' and 'exempt producer' for operations with small organic sales, and 'federal organic standards' governing organic production. 'Handling operations' are those that process or sell agricultural products, while 'inspection' involves checking compliance with these organic standards. The 'National Organic Program' and 'State Organic Program' are defined as the overarching systems ensuring organic integrity, while 'organic integrity database' serves as an online tool for certification processes.

The definitions are aimed at ensuring clarity in how organic products are managed, from production and processing to labeling and selling, under both state and federal laws. Important terms like 'prohibited substance,' 'residue testing,' and 'processing' detail the standards and procedures for maintaining organic quality.

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

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

(b) “Act” means the California Organic Food and Farming Act. It also means the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the regulations adopted pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.).

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

(d) “Certified operation” means a crop or livestock production or a wild crop harvesting or handling operation, or a portion of that operation, that is certified organic by an accredited certification agency as using a system of organic production or handling, as described by the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to the National Organic Program.

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

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

(g) “Enforcement authority” means the governmental unit with primary enforcement jurisdiction, as provided in Section 46008.

(h) “Exempt handler” means a handling operation exempt from certification under federal organic standards that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals five thousand dollars ($5,000) or less annually, that only handles agricultural products that contain less than 70 percent organic ingredients, as described in Section 205.301(d) of Title 7 of the Code of Federal Regulations, or that only identifies organic ingredients on the information panel.

(i) “Exempt operation” means a production or handling operation, retail establishment, or broker that sells agricultural products but is exempt from certification under federal organic standards.

(j) “Exempt producer” means a production operation that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals five thousand dollars ($5,000) or less annually. An “exempt producer” is exempt from certification under federal organic standards.

(k) “Federal organic standards” means the federal regulations governing production, labeling, and marketing of organic products as authorized by the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to the National Organic Program (7 C.F.R. Sec. 205.1 et seq.), and any amendments to the federal act or regulations made subsequent to the enactment of this chapter.

(l) “Handle” means to sell, process, or package agricultural products, and includes, but is not limited to, trading, facilitating a sale or trade on behalf of a seller or oneself, importing to the United States, exporting for sale in the United States, combining, aggregating, culling, conditioning, treating, packing, containerizing, repackaging, labeling, storing, receiving, and loading.

(m) “Handler” means a person who handles agricultural products, except final retailers of agricultural products that do not process agricultural products.

(n) “Handling operation” means an operation that handles agricultural products, except final retailers of agricultural products that do not process agricultural products.

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

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

(q) “Organic Integrity Database” means the National Organic Program’s electronic, web-based reporting tool for the submission of data, completion of certificates of organic operation, and other information, or the tool’s successors.

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

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

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

(u) “Prohibited substance” means a substance the use of which in any aspect of organic production or handling is prohibited or not provided for in state or federal laws, including statutes and regulations.

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

(w) “Retail food establishment” means a restaurant, delicatessen, bakery, grocery store, or any retail business with a restaurant, delicatessen, bakery, bulk food self-service station, salad bar, or other eat-in, carry-out, mail order, or delivery service of raw or processed agricultural products.

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

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

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

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(Amended by Stats. 2024, Ch. 456, Sec. 3. (SB 1117) Effective January 1, 2025.)

Section § 46005

This law means that it takes priority over any other laws that contradict it. However, it does not intend to cancel out any laws that don't contradict it.

This act shall apply notwithstanding any other provision of law that is inconsistent with this act. Nothing in this act is intended to repeal any other provision of law not inconsistent with this act.

overriding provisions conflicting laws legal consistency law precedence repeal intentions non-repeal clause inconsistent provisions legal hierarchy conflict resolution statutory application priority over-laws contradictory laws law harmonization statutory inconsistency legal supremacy

(Repealed and added by Stats. 2002, Ch. 533, Sec. 7.5. Effective January 1, 2003.)

Section § 46006

If a county agricultural commissioner needs help enforcing specific agriculture or health and safety laws, they can ask the district attorney to take legal action. The district attorney can then enforce these rules in the areas that fall under the commissioner's authority.

At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, within the enforcement jurisdiction of that commissioner.

county agricultural commissioner district attorney legal action enforcement health and safety code agriculture laws county jurisdiction Section 110810 Chapter 5 Part 5 Division 104 California health regulations agricultural enforcement commissioner's jurisdiction state agriculture regulations

(Amended by Stats. 1996, Ch. 1023, Sec. 71. Effective September 29, 1996.)

Section § 46007

This law section explains how the money collected from penalties and fees related to agricultural activities is handled in California. First, any penalties collected by the secretary and certain fees collected by county agricultural commissioners go into a specific fund and can only be used for activities described in this chapter after the Legislature approves. Second, fees and penalties collected by county agricultural commissioners are to be used by them for their duties as specified in this chapter. Lastly, the secretary decides a minimum reimbursement amount for each county commissioner for every registrant in their county, ensuring it doesn't cap other reimbursements they might receive for enforcing the regulations.

(a) Any penalties collected by the secretary and any fees collected by a county agricultural commissioner pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended solely to fulfill the responsibilities authorized under this chapter.

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

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

penalties collection agricultural fees Department of Food and Agriculture Fund county agricultural commissioner legislative appropriation specific fund usage enforcement activities reimbursement secretary's role registrant reimbursement county commissioner duties 46017 penalties fee distribution financial handling agricultural responsibilities minimum reimbursement

(Amended by Stats. 2016, Ch. 403, Sec. 8. (AB 1826) Effective January 1, 2017.)

Section § 46008

This section of the California Food and Agricultural Code states that if someone claims a product is organic but isn't registered as required, or if the product doesn't meet specific standards, certain officials can enforce the law. These officials include the secretary, county agricultural commissioners, and the State Director of Health Services.

(a) Article 14 (commencing with Section 43031) of Chapter 2 of the Food and Agricultural Code applies to any product that is represented as organically produced by any person who is not registered as required by this chapter or any product that is not in compliance with this chapter or the NOP.

(b) The secretary, county agricultural commissioners, and the State Director of Health Services shall be considered enforcing officers for purposes of those provisions of law under their respective jurisdiction.

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(Added by Stats. 2002, Ch. 533, Sec. 9. Effective January 1, 2003.)

Section § 46009

If you owe a registration fee under this law and don't pay it within 10 days after it's due, you must pay a penalty of 10% of the fee. Additionally, you'll be charged 1.5% interest each month on any remaining unpaid balance.

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

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(Amended by Stats. 2010, Ch. 393, Sec. 7. (AB 2612) Effective January 1, 2011.)

Section § 46010

This section tells you that this chapter of the law should be read together with another part of the law about health and safety regulations. Specifically, it refers to a section starting at 110810 in the Health and Safety Code, which is important for understanding this chapter fully.

This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.

interpretation Article 7 Health and Safety Code Section 110810 related statutes part 5 Division 104 Chapter 5 cross-referencing legal interpretation health regulations safety regulations legal context code integration regulatory framework

(Amended by Stats. 1996, Ch. 1023, Sec. 75. Effective September 29, 1996.)

Section § 46010.5

This law states that any fees charged related to organic agricultural regulations should not exceed the actual costs incurred by the government to enforce these rules. Additionally, the collected fees can be used, with advice from the California Organic Products Advisory Committee, to support activities such as helping with certification, providing education, conducting research, and solving issues related to organic farming and marketing.

(a) No fee established and collected pursuant to this chapter shall exceed the secretary’s costs or the county agricultural commissioner’s costs, as the case may be, of regulating and enforcing the provisions of this chapter related to the function for which the fee is established.

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

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(Amended by Stats. 2016, Ch. 403, Sec. 9. (AB 1826) Effective January 1, 2017.)

Section § 46011

This law states that regulations linked to this act do not cover how the word "natural" is used on product labels or in advertisements.

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

natural labeling advertising exemptions product labeling natural product claims regulatory exemptions advertising terminology labeling language product advertising marketing claims label exemptions ingredient advertising consumer products natural claims advertising standards labeling regulations

(Repealed and added by Stats. 2002, Ch. 533, Sec. 12.5. Effective January 1, 2003.)

Section § 46012

This law states that rules about organic food are enforced by certain officials. If you claim your food is organic but aren't registered or don't follow the rules, it's a problem. The officials in charge, like the secretary and agricultural commissioners, have the job to enforce these rules.

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

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(Amended by Stats. 2016, Ch. 403, Sec. 10. (AB 1826) Effective January 1, 2017.)

Section § 46013

If you've got to pay a fee under this law, make sure to do it on time. If you're late by more than 10 days, you'll have to pay an extra 10% penalty. Plus, there's a 1.5% interest charge every month on what you still owe.

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

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(Amended by Stats. 2010, Ch. 393, Sec. 8. (AB 2612) Effective January 1, 2011.)

Section § 46013.1

If you're producing or handling organic agricultural products in California, you need to register with the state before selling them, and renew this registration every year. Even if you're exempt from federal organic certification, you still need to register locally. If you're involved in processing pet food, cosmetics, alcohol, fish, or seafood, you’ll also need to register, but with the State Public Health Officer.

The registration form includes details about your business and where you operate. Fees for registration depend on last year’s organic product sales. There are fixed annual fees for different scenarios, like handling but not owning organic products. Applying for this doesn't cover short storage or transport duties. The state might also move this registration system online.

Changes in fees and regulations can occur without some usual legal procedures, and any changes will be filed quickly with the state for public awareness.

(a) Every person engaged in this state in the production or handling of raw agricultural products sold as organic shall register with the secretary before 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) shall register with the secretary. Each registrant shall annually renew the registration with the secretary unless no longer engaged in the activities requiring the registration. An exempt handler, exempt operation, and exempt producer are only exempt from certification under federal organic standards and are still required to be registered with the State Organic Program.

(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 of the completed registration form or for a period determined by the secretary to promote coordination with organic certification applications and renewals, organic certification cost share programs, and other state program registration.

(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. For purposes of registration, organic products shall be reported in accordance with the following specified categories unless the secretary, in consultation with the California Organic Products Advisory Committee, establishes different categories:

(A) Citrus.

(B) Fruits, excluding citrus.

(C) Livestock or dairy.

(D) Nuts.

(E) Vegetables.

(F) Other, which includes, but is not limited to, apiculture, organic fallow ground, herbs, mushrooms, cut flowers, and nursery.

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

(3) Sufficient information, under penalty of perjury, to enable the secretary 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.

(e)

(1) A registration form shall be accompanied by payment of a nonrefundable registration fee by producers, handlers, and processors, which shall be based on total 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 in accordance with the following fee schedule. The secretary, in consultation with the California Organic Products Advisory Committee, may lower the amounts specified in the following fee schedule by regulation.

Gross Sales

Registration Fee

$

0–

4,999

$

25

$

5,000–

10,000

$

50

$

10,001–

50,000

$

75

$

50,001–

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

(2) Producers that sell processed product shall pay fees based on the value of raw product before being processed and the value of any product sold as unprocessed.

(3) A person who (A) does not take title of an organic product that is outside the jurisdiction of the State Public Health Officer, (B) packs, repacks, labels, sorts, or otherwise handles the product, including, but not limited to, trading the product or facilitating the sale or trade of the product on behalf of a seller, and (C) provides only handling services for the product, shall register and pay one hundred dollars ($100) per year.

(4) A person who (A) takes title of an organic product that is outside the jurisdiction of the State Public Health Officer, (B) packs, repacks, labels, sorts, or otherwise handles the product, including, but not limited to, trading the product or facilitating the sale or trade of the product on behalf of a seller or themselves, and (C) provides only handling services for the product, shall register and pay a fee based on total gross sales 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, based on the expected sales during the 12 calendar months following the date of registration, in accordance with the fee schedule in paragraph (1).

(5) A person who provides temporary storage of 14 days or less or transportation for an organic product and does not handle the raw unpackaged product does not have to register.

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

(7) 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 paragraph (1).

(f) 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.

(g) The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal the regulations concerning assessment rates pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:

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

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

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

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(Amended by Stats. 2024, Ch. 456, Sec. 4. (SB 1117) Effective January 1, 2025.)

Section § 46013.2

This law section outlines the procedures for coordinating registration and fee collection for agricultural registrants, ensuring compliance and timely updates of information. If a registration is incomplete or non-compliant, it will be denied. Changes in registration details that affect fees must be reported within 30 days. Certain registration information must be provided to the public upon request, potentially for a fee.

The secretary can suspend the registration program if fees aren't enough to support it. Registrations remain valid until they are revoked or expire. The revocation process follows other legal procedures, and non-compliance with rules can lead to revocations, allowing for an appeal process.

If registration fees aren't paid on time, accounts close and nullify the registration, preventing the marketing of products as organic. Late payments incur penalties and interest.

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

(b) The secretary shall deny a registration submission that is incomplete or not in compliance with this act.

(c) A registrant shall, within 30 days, notify the secretary of any change in the information reported on the registration form and shall pay any additional fee owed if that change results in a higher fee owed than that previously paid.

(d)

(1) At the request of any person, the secretary or county agricultural commissioner shall provide the following:

(A) The name and address of the registrant.

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

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

(2) The secretary or county agricultural commissioner may charge a reasonable fee for the cost of reproducing this information. Except as provided in this subdivision, a registration form is exempt from Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

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

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

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

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

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

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(Amended by Stats. 2024, Ch. 456, Sec. 5. (SB 1117) Effective January 1, 2025.)

Section § 46014

This law indicates that rules about foods and raw agricultural goods also cover seeds, fibrous materials, and gardening products. It clarifies that these terms should include seeds, fiber, and horticulture items when such inclusion is necessary to fulfill the purpose of the law.

This chapter also applies to seed, fiber, and horticultural products. The terms “foods” and “raw agricultural commodities” as used in this chapter, and in Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, include seed, fiber, and horticultural products where the context requires to effectuate this section.

seed products fiber products horticultural products raw agricultural commodities food regulations Health and Safety Code agricultural laws seed regulation fiber regulation horticulture regulation food inclusivity contextual inclusion product categorization Chapter 5 Division 104

(Amended by Stats. 1996, Ch. 1023, Sec. 77. Effective September 29, 1996.)

Section § 46014.1

This law requires certification agencies that certify organic products in California to register annually with the state. They must submit proof of USDA accreditation or application, and they must pay a registration fee based on the number of clients, up to a $500 maximum.

The agencies are subject to audits, and their procedures must be transparent, although their records remain confidential unless required otherwise. Certified agencies can submit applications and fees on behalf of their clients.

The law also allows for a county-level certification program if enough people request it, with fees to cover the costs. A penalty and interest apply for late payment of certification fees.

Certification agencies must promptly provide specific records to the state or county agricultural commissioner upon request, though these records are not considered public records.

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

(b) Each certification agency shall pay to the secretary an annual registration fee of twenty-five dollars ($25) for each client they have certified in this state up to a maximum of five hundred dollars ($500). Any registration submitted by a certification agency shall be made available to the public for inspection and copying. The secretary may audit the agency’s certification procedures and records at any time, but any records of the certification agency not otherwise required to be disclosed shall be kept confidential by the secretary.

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

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

(e) Notwithstanding any other law, any certification agency that certifies products in this state sold as organic shall immediately make the following records available for inspection by, and shall upon request within three business days of the request, or within a reasonable time exceeding three business days as determined by the secretary, provide a copy to, the secretary or county agricultural commissioner:

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

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

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

(f) Records acquired pursuant to this section shall not be public records as that term is defined in Section 7920.530 of the Government Code and shall not be subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

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(Amended by Stats. 2021, Ch. 615, Sec. 127. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

Section § 46014.2

If you're selling a product as 'organic' in California, it must be certified by a USDA-accredited certifying agent if federal law requires it. Also, such products can only be sold as organic according to California laws. Certification agencies that approve these products need USDA accreditation.

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

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

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

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(Amended by Stats. 2016, Ch. 403, Sec. 14. (AB 1826) Effective January 1, 2017.)

Section § 46014.4

This law requires registered certification agencies to provide a list of all individuals certified for production or processing of products in California to the secretary twice a year, in January and June. These lists should be publicly accessible within 30 days after each submission. If a certifier maintains an updated list online that's publicly accessible, it can fulfill this obligation.

A registered certification agency shall submit to the secretary every January and June a list of all persons whose production or processing of product in California is certified. The list shall be publicly available within 30 days after the end of each filing period. A certifier that keeps a current list on an Internet Web site available to the public may be deemed to meet this requirement.

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(Amended by Stats. 2016, Ch. 403, Sec. 15. (AB 1826) Effective January 1, 2017.)

Section § 46014.6

Products can only be certified if they are produced and handled according to the specific guidelines outlined in this act. Certification must be done by a registered certification agency.

Only products that have been produced and handled in accordance with this act may be certified by a registered certification agency.

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(Amended by Stats. 2016, Ch. 403, Sec. 16. (AB 1826) Effective January 1, 2017.)

Section § 46015

This law states that the materials deemed acceptable in California are those specified in Sections 205.600 to 205.607 of the Title 7 Code of Federal Regulations. This likely relates to specific standards or guidelines that these materials must meet.

Materials acceptable in this state are those outlined in Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations.

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(Repealed and added by Stats. 2002, Ch. 533, Sec. 21.5. Effective January 1, 2003.)

Section § 46016.1

This law section allows individuals to file a complaint with the secretary about suspected violations of the act related to organic products, following specific regulations. The secretary has to set up a process to handle these complaints, starting an investigation within a few days depending on the type of product (faster for fresh food), and resolving it within 120 days. If the complaint doesn't meet certain information requirements, it can be rejected, but the complainant must be informed why. These actions depend on the availability of funds, and the process must align with federal organic program regulations.

(a) A person may file a complaint with the secretary concerning suspected noncompliance with this act, as provided in Section 46000 or regulations adopted by the NOP.

(b) The secretary shall, to the extent funds are available, establish procedures for handling complaints, including provision of a written complaint form, and procedures for commencing an investigation within five working days after receiving a complaint regarding fresh food, and within seven working days for other products, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 120 days thereafter.

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

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

(e) The complaint process in this state must also meet all the complaint process outlined in regulations adopted by the NOP.

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(Amended by Stats. 2024, Ch. 456, Sec. 6. (SB 1117) Effective January 1, 2025.)

Section § 46016.2

This law allows a county agricultural commissioner to start a process anytime to investigate if there has been a breach of organic farming regulations. This process can investigate the actions or records of the organic registrant, their family, employees, or any related person.

The hearing notice will be on an official form and explain why the hearing is happening, warn that not participating might lead to negative consequences, and provide details on the hearing's date, time, and location.

If a violation is confirmed, corrective action, as stated in the relevant act, can be taken by the secretary or commissioner.

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

(1) The organic registrant.

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

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

(b) The notice of hearing shall be on a form approved by the secretary and may contain:

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

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

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

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

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(Added by Stats. 2002, Ch. 533, Sec. 23. Effective January 1, 2003.)

Section § 46016.3

If someone is unhappy with a decision regarding their registration, like if it was denied, suspended, or revoked, they can ask for a hearing with the secretary following federal regulations.

A person may appeal to the secretary for a hearing under Section 205.668 of Title 7 of the Code of Federal Regulations or if aggrieved by any one of the following actions or decisions:

(a) Denial of any registration.

(b) Suspension of any registration.

(c) Revocation of any registration.

appeal hearing registration denial registration suspension registration revocation grievance process registration decisions federal regulations Section 205.668 Title 7 hearing request aggrieved party

(Amended by Stats. 2024, Ch. 456, Sec. 7. (SB 1117) Effective January 1, 2025.)

Section § 46016.4

If you've received a letter notifying you of an adverse action, you have a set period mentioned in that letter—or 30 days from receiving it, whichever is later—to file an appeal in writing to the secretary. The appeal is officially filed on the day the secretary receives it. If you don't file on time, the decision can't be challenged later. The appeal process will mostly follow the state's Administrative Procedure Act, but a Department of Food and Agriculture hearing officer can be used instead.

The appeal shall be submitted to the secretary in writing within the time period provided in the letter of notification of the adverse action or within 30 days of receipt of the letter of notification of the adverse action, whichever is later. The appeal shall be considered filed on the date the appeal is received by the secretary. An adverse action shall become final and nonappealable unless an appeal is timely filed. The secretary’s proceeding shall, insofar as practicable, comply with the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that a Department of Food and Agriculture hearing officer may be used.

adverse action appeal process writing submission secretary time period notification letter final decision nonappealable Administrative Procedure Act Department of Food and Agriculture hearing officer timely filing

(Amended by Stats. 2024, Ch. 456, Sec. 8. (SB 1117) Effective January 1, 2025.)

Section § 46016.5

If a company or individual disagrees with a decision made by an NOP-accredited certification agency, they can appeal to the secretary for mediation.

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

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(Amended by Stats. 2016, Ch. 403, Sec. 18. (AB 1826) Effective January 1, 2017.)

Section § 46017

This law allows the secretary or county agricultural commissioner to impose civil penalties instead of prosecuting someone who breaks the rules regarding organic products. Penalties can be up to $5,000 per violation, but if someone knowingly sells or labels a product as organic when it's not, the penalty can be larger, based on federal guidelines.

If a violation is unintentional, fines can be up to $2,500. For a first minor offense, they might just issue a warning. Anyone facing a penalty has the right to a hearing to contest it, and they can also request a review of the decision if they disagree.

The secretary can recover enforcement costs, and any penalties collected are used following Section 46007. Records of penalties from the past five years must be available to the public, and can also be mailed upon request.

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

(b)

(1)Notwithstanding the penalties prescribed in subdivision (a), if the secretary or county agricultural commissioner finds that a person or a responsibly connected person knowingly sells or labels a product as organic, in violation of this act, any regulation adopted pursuant to this act, or regulations adopted by the NOP, the secretary or county agricultural commissioner may levy a civil penalty against the person in an amount that is not more than the amount specified in Section 3.91(b)(1)(xxxvi) of Title 7 of the Code of Federal Regulations for each violation. For purposes of this section, “responsibly connected” has the same meaning as defined in Section 205.2 of Title 7 of the Code of Federal Regulations.

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

(c) For a first offense, in lieu of a civil penalty as prescribed in subdivision (a) or (b), the secretary or county agricultural commissioner may issue a notice of violation if they find that the violation is minor.

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

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

(f) The secretary shall be entitled to receive reimbursement from any organic operation or person that is found in violation of this chapter for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in the enforcement of this chapter.

(g) The secretary shall use all funds received pursuant to this section in accordance with Section 46007.

(h) A civil penalty levied by the secretary pursuant to this section may be recovered in a civil action brought in the name of the state. A civil penalty levied by a county agricultural commissioner pursuant to this section may be recovered in a civil action brought in the name of the county. After the exhaustion of the review procedures provided in this section, a county agricultural commissioner, or their representative, may file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty and, if applicable, a copy of any order that denies a petition for a writ of administrative mandamus with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.

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

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(Amended by Stats. 2024, Ch. 456, Sec. 9. (SB 1117) Effective January 1, 2025.)

Section § 46018.1

This law allows the secretary and county agricultural commissioners to carry out inspections, both announced and unannounced, to check if people are following the rules set by this act.

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

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(Amended by Stats. 2024, Ch. 456, Sec. 10. (SB 1117) Effective January 1, 2025.)

Section § 46018.2

This law allows a county agricultural commissioner to ask their local district attorney to take legal action to enforce this act and the National Organic Program (NOP) rules within the commissioner's area.

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

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(Added by Stats. 2002, Ch. 533, Sec. 29. Effective January 1, 2003.)

Section § 46020

This law makes it illegal to sell, offer for sale, advertise, or label products in violation of the act concerning organic products. However, if a food handler, distributor, or retailer sells a product thinking it's organic based on what the producer or processor claimed, they aren't breaking the law unless they knew, or should have known, the product wasn't organic. They might also be guilty if they're involved in processing the product or controlling how it's processed.

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

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

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

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

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

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(Amended by Stats. 2024, Ch. 456, Sec. 11. (SB 1117) Effective January 1, 2025.)

Section § 46021

This law makes it illegal to falsely certify products, especially organic ones, in California. You can't claim a product is organic without being a registered certification agency. It's also illegal to lie or hide information during the registration process for becoming a certifying agency. If you lie to officials about certifications, you could face federal legal consequences.

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

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

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

(d) In accordance with Section 205.100(c)(2) of Title 7 of the Code of Federal Regulations, a person who makes a false statement to the secretary, a governing state official, or an accredited certifying agent shall be subject to Section 1001 of Title 18 of the United States Code.

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(Amended by Stats. 2024, Ch. 456, Sec. 12. (SB 1117) Effective January 1, 2025.)

Section § 46022

This law makes it illegal to sell or market any product as organic unless you are properly registered. You also can't lie or hide important information during the registration process for organic products.

(a) It is unlawful for a person to sell, advertise, label, or otherwise represent any product as organic unless duly registered pursuant to Section 46013.1.

(b) It is unlawful for a person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, in registration pursuant to Section 46013.1.

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(Amended by Stats. 2024, Ch. 456, Sec. 13. (SB 1117) Effective January 1, 2025.)

Section § 46023

This law makes it illegal to forge, falsify, not keep, not get, or not share certain records as required by another rule, Section 46028.

It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Section 46028.

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(Added by Stats. 2002, Ch. 533, Sec. 33. Effective January 1, 2003.)

Section § 46024

This law makes it illegal to make misleading claims about using certain fertilizers or pesticides with organic products if they include banned substances. It also prohibits refusing inspection, mislabeling organic goods, and altering important organic registration or certification documents. Anyone removing orders that stop sales or disposal of products and using the term "transitional organic" in California is also breaking the law.

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

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

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

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

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

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

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

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

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(Added by Stats. 2002, Ch. 533, Sec. 34. Effective January 1, 2003.)

Section § 46027

This law states that food or products cannot be labeled or advertised with phrases like 'organic when available' or 'better than organic' or any other wording that makes it unclear if the item is truly organic.

No food or product shall be advertised or labeled as “organic when available,” or “better than organic,” or use terminology that leaves in doubt whether the food or product being sold is organic.

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(Amended by Stats. 2024, Ch. 456, Sec. 14. (SB 1117) Effective January 1, 2025.)

Section § 46028

If you produce, handle, or sell organic products, you must maintain precise records. These records should align with guidelines from the secretary, the California Organic Products Advisory Committee, and the National Organic Program.

All persons who produce, handle, or retail products that are sold as organic shall keep accurate and specific records as required by the secretary in consultation with the California Organic Products Advisory Committee and as required by the National Organic Program.

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(Amended by Stats. 2024, Ch. 456, Sec. 15. (SB 1117) Effective January 1, 2025.)

Section § 46029

This law mandates any organic product producer, handler, processor, or retailer to make their records available for inspection and, upon request, provide copies within 72 hours to authorized officials for enforcing organic product laws. These records aren't public, but an individual with a valid reason can get summarized records from the secretary, who must remove financial and sensitive information before releasing them.

The release of these records doesn't count as revealing trade secrets. There may be a reasonable fee for copying records. The secretary isn't required to get records not already held in response to a subpoena, and sensitive information must be redacted before any release due to legal requests.

(a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of products sold as organic shall immediately make available for inspection by, and shall upon request, within 72 hours of the request, provide a copy to, the secretary, the Attorney General, any prosecuting attorney, any governmental agency responsible for enforcing laws related to the production or handling of products sold as organic, of any record required to be kept under this section for purposes of carrying out this act. Records acquired pursuant to this act shall not be public records as that term is defined in Section 7920.530 of the Government Code and shall not be subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

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

(1) Records of a producer, as described in Section 46028.

(2) Records of a handler, as described in Section 46028, records of previous handlers, if any, and producers as described in Section 46028 without identifying the previous handlers or producers, and, if applicable, records obtained as required in this act.

(3)

(A) Records of a retailer, as described in Section 46028, records of previous handlers, if any, and producers as described in Section 46028 without identifying the previous processors, handlers, or producers, and, if applicable, records obtained as required in subdivision (d). This subdivision shall be the exclusive means of public access to records required to be kept by producers, processors, handlers, and retailers under this act.

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

(c) Information specified in subdivision (b) that is required to be released upon request shall not be considered a “trade secret” under Section 110165, Section 1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code).

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

(e) The secretary shall not be required to obtain records not in the secretary’s possession in response to a subpoena. Prior to releasing records required to be kept pursuant to this act in response to a subpoena, the secretary shall delete any information regarding the identity of suppliers or customers and the quantity or price of supplies purchased or products sold.

organic products records inspection governmental agencies financial information redaction public records exemption trade secret exemption record access procedure producer handler retailer obligations legal request response subpoena records management organic product law enforcement information redaction requirements organic product status disclosure recordkeeping compliance record access fee

(Amended by Stats. 2021, Ch. 615, Sec. 128. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

Fruit, Nut, And Vegetable Standards

Chapter 10Organic Foods