California Health and Safety Code 110850 – (a) Following initial United States Department of Agriculture …
(a) Following initial United States Department of Agriculture accreditation of certifying agents as provided in Section 6514 of Title 7 of the United States Code and upon implementation of the federal organic certification requirement pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. § 6501 et seq., Sec. 2101, P.L. 101-624), all products sold as organic in California shall be certified by a federally accredited certifying agent, if they are required to be certified under the federal act. In addition products shall be sold as organic only in accordance with this section, Sections 110855 to 110870, inclusive, and § 46009 of the Food and Agricultural Code. The secretary, director, and the county agricultural commissioners shall carry out this subdivision to the extent that adequate funds are made available for that purpose.
(b) Products sold as organic may be certified only by a certification organization registered pursuant to § 46014.1 of the Food and Agricultural Code or a federally accredited certification organization.
Terms Used In California Health and Safety Code 110850
- County: includes city and county. See California Health and Safety Code 14
- department: means State Department of Health Services. See California Health and Safety Code 20
- Director: means the Director of the Department of Health Services. 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
- USDA: means the United States Department of Agriculture. See California Health and Safety Code 110815
(c) In order to be registered, a certification organization shall be accredited by the USDA, if required.
(d) A certification organization that certifies processed products sold as organic shall register with the secretary.
(e) The director may audit the organization’s certification procedures and records at any time. Records of certification organizations not otherwise required to be released upon request or made publicly available shall not be released by the director except to other employees of the department, the Department of Food and Agriculture, a county agricultural commissioner, the Attorney General, any prosecuting attorney, or any government agency responsible for enforcing laws related to the activities of the person subject to this part.
(Amended by Stats. 2002, Ch. 533, Sec. 56. Effective January 1, 2003.)