. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/155 
23 November 2005 
 (05-5533) 
Committee on Technical Barriers to Trade Original:   English 
  
 
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   UNITED STATES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   State of California, United States of America (160) 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:    
U.S. WTO TBT Inquiry Point 
National Center for Standards and Certification Information 
National Institute of St andards and Technology 
100 Bureau Drive, MS-2160 Gaithersburg, MD 20899-2160 
Telephone: (+1)301 975 4040 
Fax:  (+1)301 926 1559 Email:  ncsci@nist.gov 
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Seafood   
(HS Chapter:  03;  ICS:  67.120) 
5. Title, number of pages and langu age(s) of the notified document:   California Senate Bill 
730, Speier.  Organic products: aquacultu re products. (2 pages, in English) 
6. Description of content:   The California Organic Products Act of 2003 regulates the 
production of products sold, la beled, or represented as organic. The act requires producers, 
handlers, and processors of organic products  to pay a registration fee to the State 
Department of Health Services based on gross sales of products sold as organic in the 
calendar year that precedes the date of regist ration.  The act makes it a crime for any person 
to sell, offer for sale, advertise, or label any product in violation of the act.     
This bill would prohibit any aquaculture, fi sh, or seafood product from being labeled or 
represented as "organic" until formal organic certification standards have been developed 
and implemented by the United States Depart ment of Agriculture's National Organic 
Program or by the California Department of F ood and Agriculture.  Because a violation of 
this prohibition would be a crime under existing pr ovisions of law, this bill would impose a 
state-mandated local program by changing the definition of a crime.    G/TBT/N/USA/155 
Page 2  
 
The California Constitution requires the state to reimburse local agencies and school 
districts for certain costs mandated by the state.  Statutory provisions establish procedures for making that reimbursement. 
This bill would provide that no reimbursement is required by this act for a specified reason. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Consumer protection. 
8. Relevant documents:   Complete bill history: 
http://info.sen.ca.gov/pub/bill/sen/sb_0701- 0750/sb_730_bill_200 51007_history.html 
9. Proposed date of adoption:   
Proposed date of entry into force:   }1 January 2006 
10. Final date for comments:   18 January 2006 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
Internet URLs: 
http://info.sen.ca.gov/pub/bill/sen/sb_0701- 0750/sb_730_b ill_20051007_chaptered.html 
http://info.sen.ca.gov/pub/bill/sen/sb_0701- 0750/sb_730_b ill_20051007_chaptered.pdf