Title FAC, California Food & Agric. Code

(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 with respect to his or her responsibilities under this act. (b) The advisory committee shall advise the s…

(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 of the following activities: (1) Receive and investigate complaints filed by any person concerning susp…

(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 of Part 5 of Division 104 of the Health and Safety Code by a person under the enforcement jurisdiction of the dire…

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 agency” means an entity accredited by the United States Department of Agriculture to certify ope…

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 provision of law not inconsistent with this act. (Repealed and added by Stats. 2002, Ch. 533, Sec. 7.5. Effective January 1, 200…

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 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, within the enforcement juris…

(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 of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended solely to fulfill the…

(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 by any person who is not registered as required by this chapter or any product that is not in compliance with this chap…

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 percent of the total amount determined to be due plus interest at the rate of 1.5 percent per month on the unpaid balance…

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 Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 75. Effective September 29, 1996.)

(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, of regulating and enforcing the provisions of this chapter related to the function for which the fee is establishe…

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. 533, Sec. 12.5. Effective January 1, 2003.)

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 registered as required by this chapter or any product that is not in compliance with this chapter or Article 7 (commencing with…

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 which the fee is due and payable shall pay a penalty of 10 percent of the total amount determined to be due plus interest at …

(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 first sale of the product. All processors of organic agriculturally derived products that are not required to be register…

(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 licensing or registration procedures applicable to registrants. (b) The secretary shall deny a registr…

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 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, include seed…

(a) Any certification agency that certifies products in this state sold as organic shall register with the secretary and shall thereafter annually renew the registration, unless the organization is no longer engaged in the activities requiring the registration. Registration shall…

(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. (b) Product shall be sold as organic only in accordance with this act. (c) A certification agency shall be accredited by…

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 California is certified. The list shall be publicly available within 30 days after the end of each filing period. A certifier …

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. 403, Sec. 16. (AB 1826) Effective January 1, 2017.)

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 by Stats. 2002, Ch. 533, Sec. 21.5. Effective January 1, 2003.)

(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 the NOP. (b) The secretary shall, to the extent funds are available, establish procedures for handling complaints, includi…

(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 hearing process to determine if a violation has occurred may include a review of the actions or records of: (1) …

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 following actions or decisions: (a) Denial of any registration. (b) Suspension of any registration. (c) Revocation of any regis…

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 of receipt of the letter of notification of the adverse action, whichever is later. The appeal shall be considered filed…

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 secretary for mediation. (Amended by Stats. 2016, Ch. 403, Sec. 18. (AB 1826) Effective January 1, 2017.)

(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 secretary as provided in Section 46000 who violates this act, or any regulation adopted pursuant to this act, or r…

The secretary and the county agricultural commissioners may conduct a program of announced and unannounced spot inspections to determine compliance with this act. (Amended by Stats. 2024, Ch. 456, Sec. 10. (SB 1117) Effective January 1, 2025.)

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 enforcement jurisdiction of that commissioner. (Added by Stats. 2002, Ch. 533, Sec. 29. Effective January 1, 2003.)

(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 person engaged in business as a handler, distributor, or retailer of food who in good faith sells, offers for sale, labels, or…

(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 unless duly registered as a certification agency pursuant to this act. (c) It is unlawful for a person to willfully make a fal…

(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. (b) It is unlawful for a person to willfully make a false statement or representation, or knowingly fail to disclose a fact…

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 Stats. 2002, Ch. 533, Sec. 33. Effective January 1, 2003.)

(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 production, processing, or distribution of products sold as organic if that fertilizer or pesticide chemical contains a prohi…

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 food or product being sold is organic. (Amended by Stats. 2024, Ch. 456, Sec. 14. (SB 1117) Effective January 1, 2025.)

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 consultation with the California Organic Products Advisory Committee and as required by the National Organic Program. (Amended by …

(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, and shall upon request, within 72 hours of the request, provide a copy to, the secretary, the Attorney Gen…

The commissioner shall require any person, except a county, state, or federal inspection agency, who, for payment by a private party, reports upon the condition of lots of fresh fruits or vegetables offered for sale other than for processing to register with the commissioner. The…

The board of supervisors may, pursuant to this chapter, establish a registration fee in an amount necessary to cover the actual costs of the commissioner for that registration. (Added by Stats. 1985, Ch. 1039, Sec. 1.)

Each registered inspector shall maintain a copy of each written report of the date, lot description, volume, and condition of the commodity inspected. Condition shall include the grade or other criteria used to evaluate the product. If a report has been made orally, a written con…

If the commissioner or the director receives a complaint from an interested party that any report required to be kept by Section 57303 is materially inaccurate, the commissioner may investigate the matter and shall give a report of findings to all interested parties. (Added by St…

The remedies or penalties in this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state. (Added by Stats. 1985, Ch. 1039, Sec. 1.)

If the commissioner finds that a registered inspector has repeatedly given inaccurate information or failed to maintain required records, the commissioner may, after a hearing, cancel or suspend the registration. (Added by Stats. 1985, Ch. 1039, Sec. 1.)

(a) Any person who violates this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the At…

It is unlawful for any person to act as a registered inspector unless currently registered by the commissioner. (Added by Stats. 1985, Ch. 1039, Sec. 1.)