California Health and Safety Code ARTICLE 7 - The California Organic Products Act of 2003

• Section 110810.
  This article shall be known, and may be cited as, the California Organic Products Act of 2003.(Amended by Stats. 2002, Ch. 533, Sec. 39. Effective...
• Section 110811.
  This article shall be interpreted in conjunction with Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code and the...
• Section 110812.
  The director shall enforce regulations promulgated by the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec....
• Section 110815.
  Unless otherwise defined pursuant to the National Organic Program, the following words and phrases, when used in this article, shall have the following meanings:(a)  “Animal...
• Section 110818.
  Water, including substances dissolved in water, shall not be a prohibited material, even if it contains incidental contamination from a prohibited material, if the prohibited...
• Section 110820.
  Except as otherwise provided in this article, no product shall be sold as organic pursuant to this article unless it is produced according to regulations...
• Section 110825.
  Materials acceptable in this state are those outlined by regulations promulgated by the NOP and the provisions of this article.(Amended by Stats. 2002, Ch. 533,...
• Section 110827.
  No aquaculture, fish, or seafood product, including, but not limited to, farmed and wild caught species, shall be labeled or represented as “organic” until formal...
• Section 110830.
  (a)  No product handled, processed, sold, advertised, represented, or offered for sale in this state, shall be sold as organic unless it also is prominently...
• Section 110835.
  The director may adopt regulations allowing or prohibiting the use of substances in the processing of products that are exempt or excluded from certification under...
• Section 110838.
  (a)  Cosmetic products sold, labeled, or represented as organic or made with organic ingredients shall contain, at least 70 percent organically produced ingredients. (b)  The...
• Section 110839.
  Multi-ingredient cosmetic products sold as organic in California with less than 70 percent organically produced ingredients, by weight or by fluid volume, excluding water and...
• Section 110840.
  (a)  All persons who handle products sold as organic shall keep accurate and specific records of the following: (1)  Except when sold to the consumer,...
• Section 110845.
  (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,...
• Section 110850.
  (a)  Following initial United States Department of Agriculture accreditation of certifying agents as provided in Section 6514 of Title 7 of the United States Code...
• Section 110855.
  Prior to initial certification of a producer, a registered certification organization shall conduct at least one initial physical inspection of the premises where the food...
• Section 110860.
  (a)  A registered certification organization shall no less often than, at the end of each calendar quarter, prepare a list by name of all persons...
• Section 110865.
  A registered certification organization shall adopt and adhere to a certification plan filed annually and made publicly available. Except in the case of a certification...
• Section 110870.
  Only products that have been handled and processed in accordance with this article may be certified by a registered certification organization.(Amended by Stats. 2002, Ch....
• Section 110875.
  (a)  Every person engaged in this state in the processing or handling of processed products for human consumption, including dietary supplements, alcoholic beverages, and fish...
• Section 110880.
  This article shall apply to all products sold as organic within the state, wherever produced, handled, or processed, and to all products produced, that are...
• Section 110885.
  This article shall not apply to the term “natural” when used in the labeling or advertising of a product.(Amended by Stats. 2002, Ch. 533, Sec....
• Section 110890.
  (a)  It is unlawful for any person to sell, offer for sale, advertise, or label any product in violation of this article. (b)  Notwithstanding subdivision...
• Section 110895.
  (a)  It is unlawful for any person to certify products in violation of this article. (b)  It is unlawful for any person to certify products...
• Section 110900.
  (a)  It is unlawful for any person to produce, handle, or process products sold as organic unless duly registered pursuant to Section 110875. (b)  It...
• Section 110905.
  It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Sections 110840 and...
• Section 110910.
  It is unlawful for any person to do any of the following:(a)  Advertise, label, or otherwise represent that any fertilizer or pesticide chemical may be...
• Section 110915.
  (a)  In lieu of prosecution, the director may levy a civil penalty against any person who violates this article, any regulation adopted pursuant to this...
• Section 110920.
  No fee established and collected pursuant to this article shall exceed the department’s costs of regulating and enforcing the provisions of this article related to...
• Section 110925.
  Any fees and civil penalties collected pursuant to this article shall be deposited in the General Fund and, upon appropriation by the Legislature, shall be...
• Section 110930.
  The director shall, to the extent funds are available, enforce this article applicable to all processors and handlers of processed products sold as organic, including...
• Section 110935.
  The director shall maintain in a central location, and make publicly available for inspection and copying, upon request, a list of all penalties levied within...
• Section 110940.
  (a)  Any person may file a complaint with the director concerning suspected noncompliance with this article by a person over whom the director has responsibility...
• Section 110945.
  This article shall apply notwithstanding any other provision of law that is inconsistent with this article. Nothing in this article is intended to repeal any...
• Section 110950.
  The director may adopt any regulations as are reasonably necessary to assist in the implementation of, or to make more specific, the provisions of, this...
• Section 110955.
  Any reference in law to former Section 26569.11, whether existing or hereinafter enacted, shall be interpreted to refer to this article and Chapter 10 (commencing...
• Section 110956.
  (a)  All organic product regulations and any amendments to those regulations adopted pursuant to the NOP, that are in effect on the date this bill...
• Section 110957.
  It shall be unlawful for a person to represent in advertising or labeling that the person or the products of the person are registered pursuant...
• Section 110958.
  Annually, the director shall compile and publish and submit to the California Organic Products Advisory Committee a summary of information collected under Section 110875, including,...
• Section 110959.
  Beginning January 1, 2003, the director shall conduct a program of spot inspections of persons required to register pursuant to Section 110875 to verify continuing...

Last modified: October 22, 2018