California Food and Agricultural Code 46013.2 – (a) To the extent feasible, the secretary, in consultation with …
(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 registration submission that is incomplete or not in compliance with this act.
Terms Used In California Food and Agricultural Code 46013.2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
- County: includes city and county. See California Food and Agricultural Code 29
- 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
- Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
- 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
(c) A registrant shall, within a reasonable time, notify the secretary 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.
(d) (1) At the request of any person, the secretary or county agricultural commissioner shall provide the following:
(A) The name and address of the registrant.
(B) The nature of the registrant’s business.
(C) The names of all certification organizations or governmental entities, if any, providing certification pursuant to the NOP and this act.
(2) The secretary or county agricultural commissioner may charge a reasonable fee for the cost of reproducing this information. Except as provided in this subdivision, a registration form is exempt from Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
(e) The secretary, in consultation with the California Organic Products Advisory Committee, may suspend the registration program set forth in this section if the secretary determines that income derived from registration fees is insufficient to support a registration enforcement program.
(f) A registration is considered legal and valid until revoked, suspended, or until the expiration of the registration.
(g) The registration revocation process shall be in conjunction with other provisions of this act. The secretary or county agricultural commissioner’s office may initiate the revocation process for failure to comply with the NOP or this act. Any person against whom the action is being taken shall have the opportunity to appeal the action and be afforded the opportunity to be heard in an administrative appeal. This appeal shall be administered by either the state or county agricultural commissioner’s office.
(h) If the registration fee is not paid within 60 days from the expiration date, the account shall be considered closed and the registration voided. A notification shall be sent to the registrant and the certifier, if applicable, notifying them the registrant is no longer able to market products as organic until the account is paid in full.
(i) Any producer, handler, processor, or certification agency 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 the rate of 1.5 percent per month on the unpaid balance.
(Amended by Stats. 2021, Ch. 615, Sec. 126. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)