CHAPTER 10. Organic Foods [46000. - 46029.]

Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5.

§§ 46000–46029 · 41 sections

§ 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 be known and may be…
§ 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 Health and…
§ 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…
§ 46003 (a) The secretary shall establish an advisory committee, which shall be known as the California Organic Products Advisory Committee, for the purpose of…
§ 46003.2 (a) To the extent that funds are available, the secretary, in consultation with the California Organic Products Advisory Committee, may establish procedures…
§ 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…
§ 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)…
§ 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 other…
§ 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…
§ 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…
§ 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…
§ 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 and payable shall pay a penalty of 10…
§ 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 Health and…
§ 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…
§ 46011 This act shall not apply to the term “natural” when used in the labeling or advertising of a product.
§ 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 not…
§ 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…
§ 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…
§ 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…
§ 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…
§ 46014.1 (a) Any certification agency that certifies products in this state sold as organic shall register with the secretary and shall thereafter annually renew the…
§ 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 act.…
§ 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…
§ 46014.6 Only products that have been produced and handled in accordance with this act may be certified by a registered certification agency.
§ 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.
§ 46016.1 (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…
§ 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…
§ 46016.3 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…
§ 46016.4 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…
§ 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 the…
§ 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…
§ 46018.1 The secretary and the county agricultural commissioners may conduct a program of announced and unannounced spot inspections to determine compliance with this…
§ 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 within the…
§ 46020 (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…
§ 46021 (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…
§ 46022 (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.…
§ 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.
§ 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…
§ 46027 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…
§ 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…
§ 46029 (a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of products sold as organic shall immediately make available for…