California Food and Agricultural Code CHAPTER 10 - Organic Foods

  • Section 46000.
    (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...
  • Section 46001.
    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...
  • Section 46002.
    (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....
  • Section 46003.
    (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...
  • Section 46003.2.
    (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...
  • Section 46003.5.
    (a) Following the promulgation of the national materials list by the United States Department of Agriculture pursuant to the federal Organic Foods Production Act of 1990...
  • Section 46004.
    (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...
  • Section 46004.1.
    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...
  • Section 46005.
    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...
  • Section 46006.
    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...
  • Section 46007.
    (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...
  • Section 46008.
    (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...
  • Section 46009.
    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...
  • Section 46010.
    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...
  • Section 46010.5.
    (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,...
  • Section 46011.
    This act shall not apply to the term “natural” when used in the labeling or advertising of a product.(Repealed and added by Stats. 2002, Ch....
  • Section 46012.
    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...
  • Section 46013.
    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...
  • Section 46013.1.
    (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...
  • Section 46013.2.
    (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...
  • Section 46014.
    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...
  • Section 46014.1.
    (a) Any certification agency that certifies product in this state sold as organic shall register with the secretary and shall thereafter annually renew the registration, unless...
  • Section 46014.2.
    (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...
  • Section 46014.4.
    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...
  • Section 46014.6.
    Only products that have been produced and handled in accordance with this act may be certified by a registered certification agency.(Amended by Stats. 2016, Ch....
  • Section 46015.
    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.(Repealed and added...
  • Section 46016.1.
    (a) Any person may file a complaint with the secretary concerning suspected noncompliance with this act, as provided in Section 46000 or regulations adopted by the...
  • Section 46016.2.
    (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...
  • Section 46016.3.
    Any person may appeal to the secretary for a hearing if aggrieved by any one of the following actions or decisions:(a) Denial of any registration.(b) Revocation of...
  • Section 46016.4.
    The appeal shall be submitted to the secretary in writing within 30 days of the date of the action or the letter proposing the action....
  • Section 46016.5.
    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...
  • Section 46017.
    (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...
  • Section 46018.1.
    The secretary and the county agricultural commissioners may conduct a program of spot inspections to determine compliance with this act.(Added by Stats. 2002, Ch. 533,...
  • Section 46018.2.
    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...
  • Section 46020.
    (a) It is unlawful for any person to sell, offer for sale, advertise, or label any product in violation of this act.(b) Notwithstanding subdivision (a), a person...
  • Section 46021.
    (a) It is unlawful for any person to certify any product in violation of this act.(b) It is unlawful for any person to certify a product or...
  • Section 46022.
    (a) It is unlawful for any person to produce or handle any product sold as organic unless duly registered pursuant to Section 46013.1.(b) It is unlawful for...
  • Section 46023.
    It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Section 46028.(Added by...
  • Section 46024.
    (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...
  • Section 46027.
    (a) No food or product may be advertised or labeled as “organic when available” or similar terminology that leaves in doubt whether the food is being...
  • Section 46028.
    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...
  • Section 46029.
    (a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of product sold as organic shall immediately make available for inspection by, and...

Last modified: October 22, 2018