ARTICLE 7. The California Organic Food and Farming Act

Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8.

§§ 110810–110959 · 40 sections

§ 110810 This article shall be known, and may be cited as, the California Organic Food and Farming Act.
§ 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…
§ 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.…
§ 110815 Unless otherwise defined pursuant to the National Organic Program, the following words and phrases, when used in this article, shall have the following…
§ 110818 Water, including substances dissolved in water, shall not be a prohibited material, even if it contains incidental contamination from a prohibited material, if…
§ 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…
§ 110825 Materials acceptable in this state are those outlined by regulations promulgated by the NOP and the provisions of this article.
§ 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…
§ 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…
§ 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…
§ 110838 (a) Cosmetic products sold, labeled, or represented as organic or made with organic ingredients shall contain, at least 70 percent organically produced…
§ 110839 Multi-ingredient cosmetic products sold as organic in California with less than 70 percent organically produced ingredients, by weight or by fluid volume,…
§ 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, the name…
§ 110845 (a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of products sold as organic shall immediately make available for…
§ 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…
§ 110855 Prior to initial certification of a producer, a registered certification organization shall conduct at least one initial physical inspection of the premises…
§ 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 whose…
§ 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…
§ 110870 Only products that have been handled and processed in accordance with this article may be certified by a registered certification organization.
§ 110875 (a) Every person engaged in this state in the processing or handling of processed products for human consumption, including dietary supplements, alcoholic…
§ 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…
§ 110885 This article shall not apply to the term “natural” when used in the labeling or advertising of a product.
§ 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 (a), a…
§ 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 as organic unless…
§ 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 is unlawful…
§ 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 110845.
§ 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 used in…
§ 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…
§ 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…
§ 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…
§ 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,…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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 is enacted or…
§ 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 to this article.
§ 110958 Annually, the director shall compile and publish and submit to the California Organic Products Advisory Committee a summary of information collected under…
§ 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…