California Health and Safety Code 110840 – (a) All persons who handle products sold as organic shall keep …
(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 and address of all persons, to whom or from whom the product is sold, purchased, or otherwise transferred, the quantity of product sold or otherwise transferred, and the date of the transaction.
Terms Used In California Health and Safety Code 110840
- Director: means the Director of the Department of Health Services. See California Health and Safety Code 110815
- Handle: means to sell, process, or package agricultural products. See California Health and Safety Code 110815
- NOP: means the National Organic Program established pursuant to the Organic Foods Production Act of 1990 (7 U. See California Health and Safety Code 110815
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Secretary: means the Secretary of the California Department of Food and Agriculture. See California Health and Safety Code 110815
- Sold as organic: means any use of the terms "organic" "organically grown" or grammatical variations of those terms, whether orally or in writing, in connection with any product grown, handled, processed, sold, or offered for sale in this state, including, but not limited to, any use of these terms in labeling or advertising of any product and any ingredient in a multi-ingredient product. See California Health and Safety Code 110815
(2) Invoices, bills of lading, or other documents that show transfer of title of certified organic products must indicate the product is “organic” or “certified organic.”
(3) Any person selling a product that is exempt or excluded from certification under NOP rules, shall follow the requirements of Section 205.101 of Title 7 of the Code of Federal Regulations.
(4) All substances applied to the product or used in or around any area where product is kept, including the quantity applied and the date of each application. All pesticide chemicals shall be identified by brand name, if any, and by source.
(b) All persons who sell, at retail, products sold as organic shall keep accurate and specific records of the following:
(1) Except when sold to the consumer, the name and address of all suppliers of persons, to whom or from whom the product is sold, purchased, or otherwise transferred, the quantity of product purchased or otherwise transferred, and the date of the transaction.
(2) Invoices, bills of lading or other documents that show transfer of title of certified organic products must indicate the product is “organic” or “certified organic.”
(3) Any person selling a product that is exempt or excluded from certification under NOP rules, shall follow the requirements of Section 205.101 of Title 7 of the Code of Federal Regulations.
(4) All substances applied to the product or used in or around any area where product is kept, including the quantity applied and the date of each application. All pesticide chemicals shall be identified by brand name, if any, and by source.
(c) All records required to be kept under this section shall be maintained as set forth by regulations promulgated by the NOP, when applicable, or as follows: by producers for not less than three years and by handlers for not less than two years from the date that the product is sold, and shall be maintained by retailers for not less than one year from the date that the product is sold, and shall be maintained by the retailers for not less than one year from the date that the product is received by the retailer. These records shall be made available for inspection at any time by the director or the secretary and by each certification organization that certifies the product, if any, for purposes of carrying out this article and Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code.
(Amended by Stats. 2020, Ch. 302, Sec. 10. (SB 406) Effective September 29, 2020.)