Registration - Fertilizing Materials - Food And Agriculture - CA

Section § 14601

This law section discusses the registration requirements and processes for various fertilizers and soil amendments in California. Products like specialty fertilizers and organic input materials must be registered if they change in any significant way, which can include changes in labeling or guaranteed analysis. The registration is needed to make sure these products are safe and effective. There is a fee for registration, which can go up to $400 per product, but organic input materials have a higher fee of up to $1,000 due to the additional scrutiny needed to meet organic standards.

Some bulk materials used to promote plant growth or improve soil, like hay and manure, don't need registration unless they are organic input materials or biochar. The Secretary of Agriculture has the authority to inspect manufacturing processes and even cancel or refuse product registrations if they are found to be harmful or misleading. Inspections can be carried out by approved third-party organizations, and these organizations must notify the department in advance. Registration cannot be issued without a current license, and the Secretary can require scientific proof for the claims made on product labels.

(a) Each differing label, other than weight or package size, such as changes in the guaranteed analysis, derivation statement, or anything that implies a different product, for specialty fertilizer, packaged agricultural mineral, beneficial substance, and organic input material shall be registered. The department may develop a schedule for all registrations to be submitted to the department for approval, and registrations shall be valid for up to four years. The registration fee shall not exceed four hundred dollars ($400) per product, except for organic input material.

(b)

(1) Any substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils solely through physical means or that is intended for use solely because of its physical properties shall not require registration if distributed in bulk quantities, excluding organic input material and biochar.

(2) For purposes of this subdivision, those bulk materials include, but are not limited to, hay, straw, sand, wood products, manures, and compost sold without guarantees for plant nutrients.

(c) Notwithstanding subdivision (a), the registration fee for organic input material shall not exceed one thousand dollars ($1,000) per product, as the registration of organic input material labels require additional departmental resources and review time to ensure that nutrient guarantees and claims are scientifically feasible and meet National Organic Program standards. Funds generated from the registration of organic input material shall be deposited into the Organic Input Materials Account in the Department of Food and Agriculture Fund and, notwithstanding Section 221, shall be available upon appropriation by the Legislature.

(d) The secretary may, based on the findings and recommendations of the board, reduce the registration fees to a lower rate that provides sufficient revenue to carry out this chapter.

(e) Registrations may not be issued without a current license.

(f) The secretary may require proof of labeling statements and other claims made for any specialty fertilizer, agricultural mineral, organic input material, or beneficial substance, before the secretary registers any such product. As evidence of proof, the secretary may rely on experimental data, evaluations, or advice furnished by scientists, including scientists affiliated with the University of California, and may accept or reject additional sources of proof in the evaluation of any fertilizing material. In all cases, experimental proof shall relate to conditions in California under which the product is intended for use.

(g) The secretary may perform site inspections of organic input material manufacturing processes used to validate label nutrient guarantees, claims, and compliance with National Organic Program standards giving priority to inspecting high-risk products and manufacturers. The department may accept inspections performed by a third-party organization approved by the secretary for organic input material manufacturers. All inspection records obtained by a contracted third-party organization shall be made available to the secretary upon request. When a contracted third-party organization is conducting a site inspection, the organization shall notify the department of when the inspection is going to take place no less than 72 hours in advance of the inspection. Department representatives may be present at the inspection.

(h)

(1) The secretary, after hearing, may cancel the registration of, or refuse to register, any specialty fertilizer, packaged soil amendment, organic input material, or beneficial substance, that the secretary determines is detrimental or injurious to plants, animals, public safety, or the environment when it is applied as directed, that is known to be of little or no value for the purpose for which it is intended, or for which any false or misleading claim is made or implied. The secretary may cancel the registration of any product of any person who violates this chapter.

(2) The proceedings to determine whether to cancel or refuse registration of any of those products shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall have all the powers that are granted pursuant to Chapter 5.

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Section § 14602

If you break this law for the first time, it's considered a minor offense and you can be fined up to $500.

If you break it again or multiple times, it's more serious and is treated as a misdemeanor, with fines ranging from $100 to $1,000.

A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation of this article is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000).

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Section § 14603

When renewing a product label, you have to pay a fee. It's up to $400 for normal product labels and $1,000 for organic input material product labels. If you don't renew within a month after the expiration, there's an extra $50 penalty per product label.

Each application for renewal shall be accompanied by a fee not to exceed four hundred dollars ($400) for each product label or one thousand dollars ($1,000) for each organic input material product label. If a registration is not renewed within one calendar month following expiration, a penalty of fifty dollars ($50) per product label shall be added to the fee.

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Section § 14604

The secretary can issue a temporary registration for up to six months if a product's registration is being renewed. However, any necessary fees must be paid before this temporary registration is given.

The secretary may grant a provisional registration for a period not exceeding six months for a registered product undergoing renewal. All fees shall be paid before the issuance of any provisional registration.

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