reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46007.

46007. (a) Any penalties collected by the secretary and any fees collected by a county agricultural commissioner pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended solely to fulfill the responsibilities authorized under this chapter.
(b) Any fees and penalties collected by a county agricultural commissioner pursuant to Section 46017 and any other penalties collected by a county agricultural commissioner pursuant to this chapter shall be paid directly to the county agricultural commissioner and expended to fulfill the responsibilities of the county agricultural commissioner, as specified in this chapter.
(c) The secretary shall establish a specific minimum amount to be reimbursed to each county agricultural commissioner per registrant in that county. This reimbursement shall not limit the amount of the reimbursement otherwise made to county commissioners for their enforcement activities.
(Amended by Stats. 2016, Ch. 403, Sec. 8. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46008.

46008. (a) Article 14 (commencing with Section 43031) of Chapter 2 of the Food and Agricultural Code applies to any product that is represented as organically produced by any person who is not registered as required by this chapter or any product that is not in compliance with this chapter or the NOP.
(b) The secretary, county agricultural commissioners, and the State Director of Health Services shall be considered enforcing officers for purposes of those provisions of law under their respective jurisdiction.
(Added by Stats. 2002, Ch. 533, Sec. 9. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46009.

46009. Any person subject to this act that does not pay the registration 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. 2010, Ch. 393, Sec. 7. (AB 2612) Effective January 1, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46010.

46010. This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
(Amended by Stats. 1996, Ch. 1023, Sec. 75. Effective September 29, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46010.5.

46010.5. (a) No fee established and collected pursuant to this chapter shall exceed the secretary’s costs or the county agricultural commissioner’s costs, as the case may be, of regulating and enforcing the provisions of this chapter related to the function for which the fee is established.
(b) The fees established and collected pursuant to this chapter may be expended, under the advisement of the California Organic Products Advisory Committee, for activities authorized under this chapter, including assisting operations in achieving certification, conducting education and outreach, entering research and development partnerships, and addressing production or marketing obstacles to the growth of the organic sector.
(Amended by Stats. 2016, Ch. 403, Sec. 9. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46011.

46011. This act shall not apply to the term “natural” when used in the labeling or advertising of a product.
(Repealed and added by Stats. 2002, Ch. 533, Sec. 12.5. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46012.

46012. Article 14 (commencing with Section 43031) of Chapter 2 applies to any food product that is represented as organically produced by any person who is not registered as required by this chapter or any product that is not in compliance with this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. The secretary, agricultural commissioners, and the director shall be considered enforcing officers for purposes of those provisions of law under their respective jurisdiction.
(Amended by Stats. 2016, Ch. 403, Sec. 10. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46013.

46013. Any producer, handler, processor, or registered certification organization 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. 2010, Ch. 393, Sec. 8. (AB 2612) Effective January 1, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46013.2.

46013.2. (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.
(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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46014.

46014. This chapter also applies to seed, fiber, and horticultural products. The terms “foods” and “raw agricultural commodities” as used in this chapter, and in Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, include seed, fiber, and horticultural products where the context requires to effectuate this section.
(Amended by Stats. 1996, Ch. 1023, Sec. 77. Effective September 29, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46014.2.

46014.2. (a) All products sold as organic in California shall be certified by an accredited certifying agent if they are required to be certified under the federal act.
(b) Product shall be sold as organic only in accordance with this act.
(c) A certification agency shall be accredited by the USDA as provided in the NOP.
(Amended by Stats. 2016, Ch. 403, Sec. 14. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46014.4.

46014.4. A registered certification agency shall submit to the secretary every January and June a list of all persons whose production or processing of product in California is certified. The list shall be publicly available within 30 days after the end of each filing period. A certifier that keeps a current list on an Internet Web site available to the public may be deemed to meet this requirement.
(Amended by Stats. 2016, Ch. 403, Sec. 15. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46014.6.

46014.6. Only products that have been produced and handled in accordance with this act may be certified by a registered certification agency.
(Amended by Stats. 2016, Ch. 403, Sec. 16. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46015.

46015. Materials acceptable in this state are those outlined in Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations.
(Repealed and added by Stats. 2002, Ch. 533, Sec. 21.5. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46016.1.

46016.1. (a) Any person may file a complaint with the secretary concerning suspected noncompliance with this act, as provided in Section 46000 or regulations adopted by the NOP.
(b) The secretary shall, to the extent funds are available, establish procedures for handling complaints, including provision of a written complaint form, and procedures for commencing an investigation within three working days after receiving a complaint regarding fresh food, and within seven working days for other products, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 60 days thereafter.
(c) The secretary may establish minimum information requirements to determine the verifiability of a complaint, and may provide for rejection of a complaint that does not meet the requirements. The secretary shall provide written notice of the reasons for rejection to the person filing the complaint.
(d) The secretary shall carry out the functions and objectives of this act to the extent funds are available for those purposes.
(e) The complaint process in this state must also meet all the complaint process outlined in regulations adopted by the NOP.
(Added by Stats. 2002, Ch. 533, Sec. 22. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46016.2.

46016.2. (a) Any county agricultural commissioner may, at any time, initiate a notice and hearing process to determine whether a violation of these provisions has occurred. The hearing process to determine if a violation has occurred may include a review of the actions or records of:
(1) The organic registrant.
(2) A family member, employee, or any other person authorized to act on behalf of the registrant.
(3) Any other person whose actions may have resulted in the violation.
(b) The notice of hearing shall be on a form approved by the secretary and may contain:
(1) The reasons why the hearing is being held.
(2) A warning that failure to participate may result in other adverse actions or may be considered to be admission to a possible violation.
(3) A hearing date, time, and location of the hearing.
(4) The secretary or county agricultural commissioner may, upon determination that a violation has been made in accordance with subdivision (a) above, take any corrective action as specified in this act.
(Added by Stats. 2002, Ch. 533, Sec. 23. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46016.3.

46016.3. Any person may appeal to the secretary for a hearing if aggrieved by any one of the following actions or decisions:
(a) Denial of any registration.
(b) Revocation of any registration.
(Added by Stats. 2002, Ch. 533, Sec. 24. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46016.4.

46016.4. The appeal shall be submitted to the secretary in writing within 30 days of the date of the action or the letter proposing the action. The secretary’s proceeding shall, insofar as practicable, comply with the provisions of the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that a Department of Food and Agriculture hearing officer may be used.
(Amended by Stats. 2016, Ch. 403, Sec. 17. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46016.5.

46016.5. As provided for in regulations adopted by the NOP, the action proposed by an NOP accredited certification agency against a client may be appealed to the secretary for mediation.
(Amended by Stats. 2016, Ch. 403, Sec. 18. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46018.1.

46018.1. The secretary and the county agricultural commissioners may conduct a program of spot inspections to determine compliance with this act.
(Added by Stats. 2002, Ch. 533, Sec. 28. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46018.2.

46018.2. At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this act and the NOP within the enforcement jurisdiction of that commissioner.
(Added by Stats. 2002, Ch. 533, Sec. 29. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46020.

46020. (a) It is unlawful for any person to sell, offer for sale, advertise, or label any product in violation of this act.
(b) Notwithstanding subdivision (a), a person engaged in business as a handler, distributor, or retailer of food who in good faith sells, offers for sale, labels, or advertises any product in reliance on the representations of a producer, processor, or other distributor that the product may be sold as organic, shall not be found to violate this act unless the distributor either:
(1) Knew or should have known that the product could not be sold as organic.
(2) Was engaged in producing or processing the product.
(3) Prescribed or specified the manner in which the product was produced or processed.
(Added by Stats. 2002, Ch. 533, Sec. 30. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46021.

46021. (a) It is unlawful for any person to certify any product in violation of this act.
(b) It is unlawful for any person to certify a product or company as organic unless duly registered as a certification agency pursuant to this act.
(c) It is unlawful for any person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, in registration for a certification agency pursuant to this act.
(Amended by Stats. 2016, Ch. 403, Sec. 19. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46022.

46022. (a) It is unlawful for any person to produce or handle any product sold as organic unless duly registered pursuant to Section 46013.1.
(b) It is unlawful for any person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, in registration pursuant to Section 46013.1.
(Added by Stats. 2002, Ch. 533, Sec. 32. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46023.

46023. It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Section 46028.
(Added by Stats. 2002, Ch. 533, Sec. 33. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46024.

46024. (a) It is unlawful for any person to advertise, label, or otherwise represent that any fertilizer or pesticide chemical may be used in connection with the production, processing, or distribution of products sold as organic if that fertilizer or pesticide chemical contains a prohibited material.
(b) It is unlawful for any person to refuse to submit for inspection.
(c) It is unlawful for any person to mislabel any organic product.
(d) It is unlawful for any person to alter any organic registration form.
(e) It is unlawful for any person to alter any certification document.
(f) It is unlawful for any person to falsify any document.
(g) It is unlawful for any person to remove a hold off sale or disposal order from any lot of product.
(h) It is unlawful to use the term “transitional organic” in this state.
(Added by Stats. 2002, Ch. 533, Sec. 34. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46027.

46027. (a) No food or product may be advertised or labeled as “organic when available” or similar terminology that leaves in doubt whether the food is being sold as organic.
(Added by Stats. 2002, Ch. 533, Sec. 35. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46028.

46028. All persons who produce, handle, or retail products that are sold as organic shall keep accurate and specific records as required by the secretary in consultation with the California Organic Products Advisory Committee.
(Amended by Stats. 2016, Ch. 403, Sec. 20. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1 - General Provisions › Section 47000.

47000. The Legislature finds and declares all of the following with regard to the direct marketing of agricultural products:
(a) Direct marketing of agricultural products benefits the agricultural community and the consumer by, among other things, providing an alternative method for growers to sell their products while benefiting the consumer by supplying quality produce at reasonable prices.
(b) Direct marketing is a good public relations tool for the agricultural industry that brings the farmer face-to-face with consumers and other end users.
(c) The direct marketing potential of a wide variety of California-produced agricultural products should be maximized and encouraged.
(d) Farm stands allow farmers to sell fresh produce and eggs grown on their farm as well as other food products made with ingredients produced on or near the farm, thus enhancing their income and the local economy.
(e) The permitting, regulating, and operating of certified farmers’ markets provide the essential core and foundation for the creation and operation of additional nonagricultural vending activities that are ancillary but contiguous to the certified farmers’ market, thereby providing a larger community event amenity for business districts and additional revenue for the operators of certified farmers’ markets.
(f) The department should maintain a direct marketing program and encourage the sale and purchase of California-grown fresh produce and other California-produced agricultural products.
(g) It is the intent of the state to promote the purchase and consumption of California-grown produce and to promote access to California-produced agricultural products. Restaurants and nonprofit organizations can assist in bringing California-grown products to all Californians.
(h) A regulatory scheme should be developed that provides the flexibility that will make direct marketing a viable marketing system.
(i) The department should assist producers in organizing certified farmers’ markets, field retail stands, farm stands, community-supported agriculture, and other forms of direct marketing by providing technical advice on marketing methods and in complying with the regulations that affect direct marketing programs.
(j) The department is encouraged to establish an ad hoc advisory committee to assist the department in establishing regulations affecting direct marketing of products and to advise the secretary in all matters pertaining to direct marketing.
(Amended by Stats. 2014, Ch. 579, Sec. 3. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1 - General Provisions › Section 47000.5.

47000.5. The following definitions apply to this chapter, unless otherwise specified:
(a) (1) “Agricultural product” means a fresh or processed product produced in California, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, unprocessed bees wax, propolis, royal jelly, flowers, grains, nursery stock, raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including shellfish that is produced under controlled conditions in waters located in California.
(2) Products that are characterized as services, arts, crafts, bakery, candies, soaps, balms, perfumes, cosmetics, pottery, clothing, fabrics, pastas, compost, fertilizers, candles, ceramics, foraged foods, and types of wares are not agricultural products for purposes of this chapter. A product that combines an agricultural product with a nonagricultural product or service in a manner that materially increases the purchase price of the product shall disqualify the product from being sold as an agricultural product for purposes of this chapter.
(b) “Practice of the agricultural arts” means the undertaking of being predominantly responsible for the decisions and actions encompassing the various phases of producing an agricultural product. The practice of the agricultural arts for fruit, floral, nut, vegetable, and other plant products includes directive or actual responsibility for all the actions of planting, growing, fertilizing, irrigating, cultivating, pest control, and harvesting. The practice of the agricultural arts for agricultural animal products includes directive or actual responsibility for a substantial time of the raising, feeding, veterinary care, and product harvesting.
(c) “Producer” means a person, partnership, corporation, or an otherwise legally formed farm or ranch that produces agricultural products by the practice of the agricultural arts upon land that the person or entity owns, rents, leases, sharecrops, or otherwise controls and has the documented legal right to possession. A person or entity that rents, leases, or otherwise acquires the right to possession of property essentially only for or limited to the period of the harvest season of the agricultural products produced on that property shall not be considered a producer under the provisions of this chapter.
(Amended by Stats. 2016, Ch. 384, Sec. 1. (AB 2324) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1 - General Provisions › Section 47001.

47001. (a) The secretary may adopt regulations to encourage the direct sale by farmers to the public of all types of California agricultural products. It is the intent of the Legislature that, in adopting those regulations, the secretary shall endeavor to keep costs incurred by farmers and certified farmers’ market operators to a minimum, recognizing that any administrative costs imposed on farmers and certified farmers’ market operators are generally passed on in the form of increased prices to the public, thus economically benefiting neither the public nor the farmer.
(b) In accordance with the intent expressed in subdivision (a), the secretary may adopt regulations clarifying the provisions of this chapter, including the adoption of regulations for maintaining the quality and wholesomeness of the products offered for sale and promoting and fostering honest selling activities for those products.
(c) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, registrations, and assistance pertaining to direct marketing producers and outlets. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs exclusive of the costs of certification and minimum inspections required pursuant to Section 47020.
(d) Upon reasonable suspicion of a violation of Section 890, a certified farmers’ market operator may contract with a county agricultural commissioner for a special onsite field or storage verification inspection of a direct marketing producer selling in a certified farmers’ market operated and controlled by the operator. All contracts and contract fees are subject to the discretion of the county agricultural commissioner in the county where the verification inspections are being requested.
(Amended by Stats. 2016, Ch. 384, Sec. 2. (AB 2324) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1 - General Provisions › Section 47002.

47002. California farmers registered or certified pursuant to this chapter as direct marketing producers may transport for sale and sell California-grown fresh fruits, nuts, and vegetables that they produce, directly to the public, and shall be exempt from size, standard pack, container, and labeling requirements at an outlet or location operated by an individual, organization, or entity that is regulated pursuant to this chapter or is recognized by a regulation adopted pursuant to Section 47001 and is otherwise authorized by local ordinances, subject to the following conditions:
(a) All fresh fruits, nuts, and vegetables sold shall comply with the California Code of Regulations governing maturity and quality.
(b) No exemption granted by this section supersedes the provisions of federal marketing orders, state marketing orders, or any health and safety laws, regulations, or ordinances.
(c) All fresh fruits, nuts, and vegetables sold in closed consumer containers shall be labeled with the name, address, and ZIP Code of the producer, and a declaration of identity and net quantity of the commodity in the package.
(d) If a farmer selling produce pursuant to this section implements any exemption to size, standard pack, container, or labeling requirements as provided by this section, those sales may only be conducted as direct sales to any of the following:
(1) Consumers who are end users.
(2) Individuals, organizations, or entities that subsequently sell the produce directly to end users.
(3) Individuals, organizations, or entities that distribute the produce directly to end users at no cost to those end users.
(e) A farmer selling produce under paragraph (2) or (3) of subdivision (d) shall provide the individual, organization, or entity a memorandum that lists the identity of the producer, the address of the producer, and the identity and quantity of the produce purchased. A bill of sale or a container label including this information shall meet the requirements of this subdivision.
(Amended by Stats. 2014, Ch. 579, Sec. 6. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1 - General Provisions › Section 47003.

47003. The secretary may establish qualifications for persons selling products directly to the public whenever the sales involve the use of any exemption granted by this chapter. Certified farmers’ markets and other direct marketing outlets and distributors may likewise be subject to qualifications.
(Amended by Stats. 2008, Ch. 447, Sec. 4. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1.5 - Certified Farmers Markets › Section 47005.

47005. An enforcing officer may enter and inspect any place or conveyance where products are produced, stored, packed, delivered for shipment, loaded, shipped, transported, or sold pertaining to a certified producer’s certificate over which they have jurisdiction.
(Added by Stats. 2001, Ch. 373, Sec. 3. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1.5 - Certified Farmers Markets › Section 47005.1.

47005.1. An enforcing officer may inspect all products, containers, and equipment found in any place or conveyance to determine compliance with this chapter or the regulations adopted thereunder. The enforcing officer may also take representatives samples of products and containers, which may be subject to any method of inspection or testing as deemed necessary.
(Added by Stats. 2001, Ch. 373, Sec. 4. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1.5 - Certified Farmers Markets › Section 47005.2.

47005.2. An enforcing officer may seize and hold as evidence all or any part of any container, pack, load, bulk lot, consignment or shipment of products which is packed, delivered for shipment, loaded, shipped, transported, or sold to secure the conviction of the party the enforcing officer knows or believes has violated or is violating any provision of this chapter or the regulations adopted thereunder.
(Added by Stats. 2001, Ch. 373, Sec. 5. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1.5 - Certified Farmers Markets › Section 47005.3.

47005.3. Any evidence that is seized under the authority of this chapter or the regulations adopted thereunder by an enforcing officer in any county may be admitted into evidence in any action taken by any other county.
(Added by Stats. 2001, Ch. 373, Sec. 6. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 1.5 - Certified Farmers Markets › Section 47005.4.

47005.4. Nothing in this chapter shall be interpreted to preclude the creation and keeping of additional information that a certified farmers’ market operator may endeavor itself to create and keep, or to contractually require a vendor to provide additional information as a condition to selling in the operator’s farmers’ market.
(Added by Stats. 2016, Ch. 384, Sec. 3. (AB 2324) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 2 - Certified Farmers Market Advisory Committee › Section 47010.

47010. (a) The secretary shall establish a committee that shall be known as the Certified Farmers’ Market Advisory Committee. The primary goals of the committee shall be all of the following:
(1) Promote the demand and consumption of agricultural products purchased directly from producers at certified farmers’ markets.
(2) Ensure that existing and future certified farmers’ markets are primarily maintained for the benefit of the producers selling their products within those markets.
(3) Ensure that honest and fair marketing of products occurs within certified farmers’ markets and within an ancillary vending activity under the operation and control of a certified farmers’ market operator.
(b) The committee shall be composed of 14 members and their alternates. The secretary shall endeavor to appoint six members and their alternates who shall be producers or representatives of agricultural organizations that represent producers, six members and their alternates who shall be certified farmers’ market operators or representatives of the operator, one public member, and one member and his or her alternate who shall be a county agricultural commissioner. An alternate member shall serve at a committee meeting only in the absence of, and shall have the same powers and duties as, the member for whom he or she is designated as alternate. All appointees shall serve two-year terms or at the pleasure of the secretary. Members appointed to fill vacancies shall serve the remainder of the term.
(c) The secretary shall make an effort to include members who represent geographical diversity and diverse agricultural products.
(d) The committee shall meet at the request of the secretary. It shall meet at least once each year.
(e) The committee may appoint its own officers, including a chairperson, a vice chairperson, a secretary, and any other officers it deems necessary. The committee may adopt rules that it deems are necessary for the conduct of its meetings and functions to carry out the objectives of this chapter.
(Amended by Stats. 2014, Ch. 579, Sec. 10. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 2 - Certified Farmers Market Advisory Committee › Section 47011.

47011. The Certified Farmers’ Market Advisory Committee shall be advisory to the secretary on matters pertaining to direct marketing of agricultural products at certified farmers’ markets and may make recommendations, including, but not limited to, the following:
(a) The amendment, repeal, or adoption of legislation and regulations that relate to the primary goals stated in subdivision (a) of Section 47010.
(b) Administrative policies and procedures that relate to the primary goals stated in subdivision (a) of Section 47010, including the inspection of producers and certified farmers’ markets.
(c) Administrative civil penalties for violations of certified farmers’ market laws and regulations.
(d) Program and enforcement fees collected pursuant to Section 47021.
(e) Statewide review of certified farmers’ market promotion and enforcement actions.
(f) The annual budget of the department’s certified farmers’ market program to carry out the goals and purposes of this chapter.
(g) Alternative strategies for certification and investigation methodology, and methods for industry self-regulation and commission formation.
(Amended by Stats. 2014, Ch. 579, Sec. 11. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 2 - Certified Farmers Market Advisory Committee › Section 47013.

47013. The members of the committee and any alternate shall serve without compensation, but may be reimbursed by the department for travel expenses incurred in the performance of their duties.
(Amended by Stats. 1999, Ch. 833, Sec. 8. Effective January 1, 2000.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3.5 - Violations › Section 47022.

47022. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported, or sell any products in bulk, or in any container or subcontainer, unless such products conform to the provisions of this chapter or the regulations adopted thereunder.
(Added by Stats. 2001, Ch. 373, Sec. 7. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3.5 - Violations › Section 47022.1.

47022.1. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to deceptively prepare, pack, place, deliver for shipment, load, ship, transport, or sell any products.
(Added by Stats. 2001, Ch. 373, Sec. 8. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3.5 - Violations › Section 47022.2.

47022.2. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to mislabel any products, or place or have any false or misleading statement or designation of quality, grade, trademark, or trade name, on any wrapper or container, or on the label or lining of any container of any product, or on any placard that is used in connection with, or which has reference to, any products, bulk lot, bulk load, load, arrangement, or display of products.
(Added by Stats. 2001, Ch. 373, Sec. 9. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3.5 - Violations › Section 47022.3.

47022.3. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to falsify any documents or to make any statement, representation, or assertion orally, by public outcry, proclamation, or in writing, or by any other manner or means whatever, that concerns the quality, size, maturity, condition, or any other matter that relates to products which is false, deceptive, or misleading in any particular.
(Added by Stats. 2001, Ch. 373, Sec. 10. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3.5 - Violations › Section 47022.4.

47022.4. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to remove or dispose any products, or their containers to which any warning tag or notice has been affixed by an enforcing officer, or to remove the warning tag or notice from the place where it is affixed, except under a written permit to do so from an enforcing officer or under his or her specific direction.
(Added by Stats. 2001, Ch. 373, Sec. 11. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3.5 - Violations › Section 47022.5.

47022.5. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to refuse to submit any container, subcontainer, load, or display of products to the inspection of an enforcing officer, or to refuse to stop any vehicle which contains products for the purpose of inspection by an enforcing officer.
(Added by Stats. 2001, Ch. 373, Sec. 12. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3.5 - Violations › Section 47022.6.

47022.6. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to refuse to submit to inspection by an enforcing officer of any property used in the sales, storage, or production of agricultural products.
(Added by Stats. 2001, Ch. 373, Sec. 13. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 3.5 - Violations › Section 47022.7.

47022.7. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to alter in any respect any certified producer’s certificate, any certified farmers’ market certificate, any notice of violation, report, statement, or other document that is referred to in this chapter, which is issued by an enforcing officer.
(Added by Stats. 2001, Ch. 373, Sec. 14. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 5 - Other Direct Marketing Outlets and Distributions › Section 47030.

47030. Field retail stands are producer-owned and operated premises located at or near the point of production established in accordance with local ordinances and land use codes.
(Added by Stats. 2008, Ch. 447, Sec. 6. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 5 - Other Direct Marketing Outlets and Distributions › Section 47050.

47050. Farm stands arefield retail stands, as defined in Section 47030, that sell or offer for sale California agricultural products grown or produced by the producer, and also sell or offer for sale nonpotentially hazardous prepackaged food products from an approved source or bottled water or soft drinks. All agricultural products, processed or otherwise, sold at a farm stand shall be consistent in manner and character with the intent of this chapter.
(Added by Stats. 2008, Ch. 447, Sec. 6. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10.5 - Direct Marketing › ARTICLE 6 - Community-Supported Agriculture › Section 47060.

47060. For purposes of this article, the following definitions apply:
(a) “Community-supported agriculture program” or “CSA program” means a program under which a registered California direct marketing producer, or a group of registered California direct marketing producers, grow food for a group of California consumer shareholders or subscribers who pledge or contract to buy a portion of the future crop, animal production, or both, of a registered California direct marketing producer or a group of registered California direct marketing producers.
(b) “Single-farm community-supported agriculture program” means a program in which all delivered farm products originate from and are produced at the farm of one registered California direct marketing producer, and no more than a de minimis amount of delivered farm products originate at the farms of other registered California direct marketing producers.
(c) “Multi-farm community-supported agriculture program” means a program in which all delivered farm products originate from and are produced at one or more farms of a group of registered California direct marketing producers who declare their association as a group at the time of their annual certification or by amending the annual certification during the year.
(d) “Farm” means a farm operated by a registered California direct marketing producer or a group of registered California direct marketing producers.
(Amended by Stats. 2014, Ch. 71, Sec. 62. (SB 1304) Effective January 1, 2015.)