California Food and Agricultural Code 46020 – (a) It is unlawful for any person to sell, offer for sale, …
(a) It is unlawful for any 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 advertises any product in reliance on the representations of a producer, processor, or other distributor that the product may be sold as organic, shall not be found to violate this act unless the distributor either:
Terms Used In California Food and Agricultural Code 46020
- Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
- Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
- Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
(1) Knew or should have known that the product could not be sold as organic.
(2) Was engaged in producing or processing the product.
(3) Prescribed or specified the manner in which the product was produced or processed.
(Added by Stats. 2002, Ch. 533, Sec. 30. Effective January 1, 2003.)