Cal. FAC § 46013.1 — California Code / Code fac / Division 17 / Chapter 10 / Section 46013.1
Section 46013.1
Status: in_force

(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 registered as outlined in subdivision (b) shall register with the secretary. Each registrant shall annually renew the registration with the secretary unless no longer engaged in the activities requiring the registration. An exempt handler, exempt operation, and exempt producer are only exempt from certification under federal organic standards and are still required to be registered with the State Organic Program.

(b) Every person engaged in this state in the processing or handling of processed products pursuant to Section 110460 of the Health and Safety Code, and pet food pursuant to Section 18653, and cosmetics pursuant to Section 111795 of the Health and Safety Code, including processors of alcoholic beverages, fish, and seafood, shall register with the State Public Health Officer.

(c) Registration pursuant to this section shall be on a form either provided by the secretary or approved by the secretary and shall be valid for a period of one calendar year from the date of validation by the secretary of the completed registration form or for a period determined by the secretary to promote coordination with organic certification applications and renewals, organic certification cost share programs, and other state program registration.

(d) The information provided on the registration form shall include all of the following:

(1) The nature of the registrant’s business, including the categorical products produced, handled, or processed that are sold as organic. For purposes of registration, organic products shall be reported in accordance with the following specified categories unless the secretary, in consultation with the California Organic Products Advisory Committee, establishes different categories:

(A) Citrus.

(B) Fruits, excluding citrus.

(C) Livestock or dairy.

(D) Nuts.

(E) Vegetables.

(F) Other, which includes, but is not limited to, apiculture, organic fallow ground, herbs, mushrooms, cut flowers, and nursery.

(2) The address or assessor’s parcel number of the precise location or locations where the products are produced, processed, or handled.

(3) Sufficient information, under penalty of perjury, to enable the secretary to verify the amount of the registration fee to be paid in accordance with this act.

(4) The names of all certification organizations or governmental entities, if any, providing organic certification to them.

(e) (1) A registration form shall be accompanied by payment of a nonrefundable registration fee by producers, handlers, and processors, which shall be based on total gross sales by the registrant of product sold as organic in the calendar year that precedes the date of registration or, if no sales were made in the preceding year, then based on the expected sales during the 12 calendar months following the date of registration in accordance with the following fee schedule. The secretary, in consultation with the California Organic Products Advisory Committee, may lower the amounts specified in the following fee schedule by regulation.

Gross Sales Registration Fee
$ 0 – 4,999 $ 25
$ 5,000 – 10,000 $ 50
$ 10,001 – 50,000 $ 75
$ 50,001 – 250,000 $ 100
$ 250,001 – 500,000 $ 450
$ 500,001 – 1,000,000 $ 750
$ 1,000,001 – 2,500,000 $ 1,000
$ 2,500,001 – 5,000,000 $ 1,500
$ 5,000,001 – 15,000,000 $ 2,000
$ 15,000,001 – 25,000,000 $ 2,500
$ 25,000,001 – and above $ 3,000

(2) Producers that sell processed product shall pay fees based on the value of raw product before being processed and the value of any product sold as unprocessed.

(3) A person who (A) does not take title of an organic product that is outside the jurisdiction of the State Public Health Officer, (B) packs, repacks, labels, sorts, or otherwise handles the product, including, but not limited to, trading the product or facilitating the sale or trade of the product on behalf of a seller, and (C) provides only handling services for the product, shall register and pay one hundred dollars ($100) per year.

(4) A person who (A) takes title of an organic product that is outside the jurisdiction of the State Public Health Officer, (B) packs, repacks, labels, sorts, or otherwise handles the product, including, but not limited to, trading the product or facilitating the sale or trade of the product on behalf of a seller or themselves, and (C) provides only handling services for the product, shall register and pay a fee based on total gross sales of product sold as organic in the calendar year that precedes the date of registration or, if no sales were made in the preceding year, based on the expected sales during the 12 calendar months following the date of registration, in accordance with the fee schedule in paragraph (1).

(5) A person who provides temporary storage of 14 days or less or transportation for an organic product and does not handle the raw unpackaged product does not have to register.

(6) A person required to register pursuant to this section who fits the description of more than one of the persons described above shall pay the greater of the multiple amounts.

(7) The secretary may require any producer, handler, processor, or other organic registrant to provide the exact dollar amount of gross sales of twenty-five million one dollars ($25,000,001) or more in lieu of the range specified in paragraph (1).

(f) The secretary may adopt regulations that supersede the terms of this section to the extent reasonably necessary to provide an online system of registration for those required to register pursuant to this section.

(g) The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal the regulations concerning assessment rates pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:

(1) Indicate that the regulations are being adopted, amended, or repealed pursuant to this chapter.

(2) State that the order is being transmitted for filing.

(3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.