pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46002 46002. (a) Every person engaged in this state in the production or handling of raw agricultural commodities or eggs sold as organic, or in the production, handling, or processing of meat, fowl, or dairy products sold as organic, excluding retailers of food sold as organic, shall register with the agricultural commissioner in the county of principal operation prior to the first sale of the food, and shall thereafter annually renew the registration unless no longer engaged in the activities requiring the registration. Each registrant shall provide a complete copy of its registration to the agricultural commissioner in any county in which the registrant operates. (b) Registration pursuant to this section shall be on a form provided by the department and shall be valid for a period of one calendar year from the date of validation by the department or county agricultural commissioner of the completed registration form. The director shall make the forms available for this purpose. (c) The information provided on the registration form shall include all of the following: (1) The nature of the registrant's business, including the specific commodities produced, handled, or processed that are sold as organic. (2) For producers, a map showing the precise location and dimensions of the facility or farm where the commodities are produced. The map shall also describe the boundaries of the production area and all adjacent land uses, shall assign field numbers to distinct fields or management units, and shall describe the size of each field or management unit. (3) Sufficient information, under penalty of perjury, to enable the director or county agricultural commissioner to verify the amount of the registration fee to be paid in accordance with subdivision (e). (4) The names of all certification organizations or governmental entities, if any, providing certification pursuant to Sections 26569.30 to 26569.34, inclusive, of the Health and Safety Code. (5) In the case of producers, for each field or management unit, a list of all substances applied to the crop, soil, growing medium, growing area, irrigation or postharvest wash or rinse water, or seed, including the source of the substance, the brand name, if any, the rate of application, and the total amount applied in each calendar year, for at least the applicable time periods specified in subdivision (a) of Section 26569.22 of the Health and Safety Code. (d) The registration form shall include a separate "public information sheet" that shall include: (1) The name and address of the registrant. (2) The nature of the registrant's business, including the specific commodities produced, handled, or processed that are sold as organic. (3) The names of all certification organizations or governmental entities, if any, providing certification pursuant to Sections 26569.30 to 26569.34, inclusive, of the Health and Safety Code. (e) A registration form shall be accompanied by payment of a nonrefundable registration fee by producers, handlers, and processors, which shall be based on gross sales by the registrant of food 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, according to the following schedule: Gross Sales Registration Fee $ 0 - 10,000 $ 25 $ 10,001 - 25,000 $ 75 $ 25,001 - 50,000 $ 100 $ 50,001 - 100,000 $ 175 $ 100,001 - 250,000 $ 300 $ 250,001 - 500,000 $ 450 $ 500,001 - 1,000,000 $ 750 $ 1,000,001 - 2,500,000 $ 1,000 $ 2,500,001 - 5,000,000 $ 1,500 $ 5,000,001 and above $ 2,000 Notwithstanding the amounts specified in the above schedule, any person required to register pursuant to this section shall pay an initial registration fee equal to one and one-half times the amount specified in the above schedule. Thereafter, the annual fee shall be as specified in the above schedule. (f) To the extent feasible, the director shall coordinate the registration and fee collection procedures of this section with similar licensing or registration procedures applicable to registrants. (g) The director or county agricultural commissioner shall reject a registration submission that is incomplete or not in compliance with this chapter and Article 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code. (h) A registrant shall immediately notify the director 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. (i) At the request of any person, the "public information sheet" described in subdivision (d) for any registrant shall be made available for inspection and copying at the main office of the department and each county agricultural commissioner. Copies of the "public information sheet" shall also be made available by mail, upon written request. The director or commissioner may charge a reasonable fee for the cost of reproducing a "public information sheet." Except as provided in this subdivision, a registration form is exempt from Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. (j) The requirements of this section do not apply to retailers of food sold as organic. The requirements of this section do not apply to persons who only transport or provide temporary storage for food sold as organic, and who do not otherwise handle that food. (k) The director, in consultation with the Organic Food Advisory Board, may suspend the registration program set forth in this section if the director determines that income derived from registration fees is insufficient to support a registration enforcement program. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46004 46004. (a) Any person may file a complaint with the director concerning suspected noncompliance with this chapter or Article 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 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 which 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 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code, to the extent funds are available for those purposes. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46003 46003. (a) The director shall establish an advisory board, which shall be known as the Organic Food Advisory Board, for the purpose of advising the director with respect to his or her responsibilities under this chapter and Article 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code. (b) The advisory board shall be comprised of 14 members. Six members shall be producers, at least one of whom shall be a producer of meat, fowl, fish, dairy products, or eggs. Two members shall be processors, one member shall be a handler or a retailer, two members shall be consumer representatives, one member shall be an environmental representative, and two members shall be technical representatives with scientific credentials related to agricultural chemicals, toxicology, or food science. Except for the consumer, environmental, and technical representatives, the members of the advisory board shall have derived a substantial portion of their business income, wages, or salary from the production, handling, processing, or retailing of food sold as organic for at least three years preceding their appointment to the advisory board. The consumer and environmental representatives shall not have a financial interest in the organic food industry and shall be representatives of recognized nonprofit organizations whose principal purpose is the protection of consumer health or protection of the environment. The technical representatives shall not have a financial interest in the organic food industry. (c) The members of the advisory board described in subdivision (b) shall be reimbursed for the reasonable expenses actually incurred in the performance of their duties, as determined by the advisory board and approved by the director. (d) The State Director of Health Services, or his or her representative, and a county agricultural commissioner shall be appointed as ex officio members of the advisory board. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46003.5 46003.5. (a) On or before July 1, 1996, the director, in consultation with the Organic Food Advisory Board, shall adopt regulations listing specific substances that are in compliance or not in compliance with the definition of "prohibited materials," as defined in subdivision (p) of Section 26569.21 of the Health and Safety Code, for use in the production and handling of organic foods. Prior to the promulgation of the national materials list by the United States Department of Agriculture pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Secs. 6501 to 6522, incl.) the Organic Food Advisory Board, in consultation with the director, shall determine which, if any, substance may be allowed for use in the production and handling of organic foods in this state. Within 90 days of promulgation of the national materials list by the United States Department of Agriculture, the Organic Food Advisory Board, in consultation with the director, shall determine which, if any, substance allowed for use by the national materials list may be allowed for use in the production and handling of organic foods in this state. (b) Prior to adoption of these regulations, the director shall issue administratively a preliminary, nonexhaustive list of materials that are in compliance or not in compliance with subdivision (p) of Section 26569.21 of the Health and Safety Code based on the listings of permitted materials published by California Certified Organic Farmers, the Organic Foods Production Association of North America, and the Departments of Agriculture of the States of Oregon and Washington. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46006 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 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code, within the enforcement jurisdiction of that commissioner. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46004 46004. (a) Any person may file a complaint with the director concerning suspected noncompliance with this chapter or Article 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 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 which 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 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code, to the extent funds are available for those purposes. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46010 46010. This chapter shall be interpreted in conjunction with Article 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46007 46007. (a) In lieu of prosecution, the director or a county agricultural commissioner may levy a civil penalty against any person under the enforcement jurisdiction of the director as provided in Section 46000 who violates Article 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code, or any regulation adopted pursuant thereto or pursuant to this chapter, 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 upon the nature of the violation, the seriousness of the effect of the violation upon effectuation of the purposes and provisions of this chapter and Article 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code, and the impact of the penalty on the violator, including the deterrent effect on future violations. (b) Notwithstanding the penalties prescribed in subdivision (a), if the director or county agricultural commissioner finds that a violation was not intentional, the director 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 director or county agricultural commissioner may issue a notice of violation if he or she finds that the violation is minor. (d) A person against whom a civil penalty is levied shall be afforded an opportunity for a hearing before the director or county agricultural commissioner, upon request made within 30 days after the issuance of the notice of penalty. At the hearing, the person shall be given the right to review the director's or commissioner's evidence of the violation and the right to present evidence on his or her 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 decision of the director or commissioner may be sought 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 director or commissioner. (f) A civil penalty levied by the director 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. (g) The director 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 director 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 director. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46010.5 46010.5. No fee established and collected pursuant to this chapter shall exceed the department'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. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46011 46011. (a) Except as provided by subdivision (c) of Section 46009, any fees and penalties collected by the director 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 to fulfill the responsibilities of the director and county agricultural commissioner acting under the direction and supervision of the director as specified in this chapter. Any fees and penalties collected by a county agricultural commissioner pursuant to subdivision (c) of Section 46009 and any other penalties collected by a county 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. (b) Any fees and penalties deposited in the Department of Food and Agriculture Fund pursuant to this section shall be used to cover the costs of carrying out the responsibilities specified in this chapter, including, but not limited to, providing reimbursement to counties for the reasonable costs incurred by the counties in the enforcement of this chapter. (c) The director shall establish a specific minimum amount to be reimbursed to each county 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. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46012 46012. Article 14 (commencing with Section 43031) of Chapter 2 applies to any food product which is represented as organically produced by any person who is not registered as required by this chapter or any product which is not in compliance with this chapter or Article 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code. The director, 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. pax version 1.2 CALIFORNIA CODES FOOD AND AGRICULTURE CODE SECTION 46014 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 4.5 (commencing with Section 26569.20) of Chapter 5 of Division 21 of the Health and Safety Code, include seed, fiber, and horticultural products where the context requires to effectuate this section.