reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 2 - Samples › Section 2313 - Official Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A sample of fertilizing materials drawn by the director
						for the purpose of analysis, in accordance with Sections
						14641 and
						14642 of the Food and Agricultural
						Code, shall be known as an "official sample" and shall be drawn in a manner
						prescribed by this article to represent the entire lot from which it is
						taken.
1.
						Renumbering of former section
						2313 to section
						2317 and renumbering and amendment
						of former section
						2310 to section
						2313 filed 8-2-91; operative 8-2-91
						pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 7).
Note: Authority cited: Sections
						  407
						  and
						  14502,
						  Food and Agricultural Code. Reference: Section
						  14605,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 2 - Samples › Section 2314 - Subsamples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subsamples shall be provided to interested parties after
						laboratory analysis by the department, with the condition that the requesting
						party agree to provide analytical results of the subsample to the Department of
						Food and Agriculture, Feed, Fertilizer and Livestock Drug Branch within 21 days
						of receipt.
1.
						Repealer and new section filed 8-2-91; operative 8-2-91 pursuant to Government
						Code section
						11346.2(d)
						(Register 92, No. 7).
Note: Authority cited: Sections
						  407,
						  14502
						  and
						  14645,
						  Food and Agricultural Code. Reference: Sections
						  14645
						  and
						  14646,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 2 - Samples › Section 2315 - Sampling Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each official sample shall consist of a fertilizing
						material obtained in the following manner:
(a) Packaged Dry Materials.
(1) Use a sampler that removes a core
					 diagonally from end-to-end of the container.
(2) The lot and the sample size consisting of
					 not less than one pound will be established in the following manner:
(A) If a lot to be sampled consists of more
					 than 10 bags, select 10 bags and withdraw one core from each. If a lot contains
					 less than 10 bags, withdraw 10 cores, but at least one core from each bag
					 present. When taking more than one core from the same bag, insert the trier
					 into the same hole as previously probed.
(3) Small packages of dry fertilizer material
					 in packages of 80 pounds or less, when not practical to sample according to
					 subsection (2), shall be represented by one unbroken package which will
					 constitute the official sample.
(4)
					 Place all cores into sample container and send to the laboratory.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 2 - Samples › Section 2316 - Identification of Official Sample

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A sample of a fertilizing material shall be identified
						before removal from premises where it was drawn. The identification shall
						consist of the date; name of product as given on the label, if any; inspector's
						initials and sample number.
1.
						Amendment filed 8-28-85; effective thirtieth day thereafter (Register 85, No.
						35).
2. Repealer and renumbering of former section
						2312 to section
						2316 filed 8-2-91; operative 8-2-91
						pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 7).
Note: Authority cited: Sections
						  407,
						  14502
						  and
						  14645,
						  Food and Agricultural Code. Reference: Sections
						  14645
						  and
						  14646,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 2 - Samples › Section 2317 - Description of Sample

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An inspector's Product Sample Data official form showing
						pertinent information concerning the sample shall be prepared at the time each
						official sample is drawn. Where reasonably possible, a label shall be taken
						from the lot represented by the sample and accompany the inspector's Product
						Sample Data.
1.
						Renumbering of former section
						2313 to section
						2317 filed 8-2-91; operative 8-2-91
						pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 7).
Note: Authority cited: Sections
						  407,
						  14502
						  and
						  14645,
						  Food and Agricultural Code. Reference: Sections
						  14605,
						  14645
						  and
						  14646,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 2 - Samples › Section 2317.5 - Investigational Allowances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 fertilizing material shall be deemed deficient if the analysis of any nutrient
					 is below the guarantee by an amount exceeding the values in the following
					 schedule:
Primary Nutrients
Guarantee Percent
Total Nitrogen (N) Percent
Available Phosphoric Acid
								(P2O5) Percent
Soluble Potash
								(K2O) Percent
4 or less
0.49
0.67
0.41
5
0.51
0.67
0.43
6
0.52
0.67
0.47
7
0.54
0.68
0.53
8
0.55
0.68
0.60
9
0.57
0.68
0.65
10
0.58
0.68
0.70
12
0.61
0.69
0.79
14
0.63
0.70
0.87
16
0.67
0.70
0.94
18
0.70
0.71
1.01
20
0.73
0.72
1.08
22
0.75
0.72
1.15
24
0.78
0.73
1.21
26
0.81
0.73
1.27
28
0.83
0.74
1.33
30
0.86
0.75
1.39
32
0.88
0.76
1.44
34
0.88
0.79
1.46
36
0.88
0.83
1.49
38
0.88
0.86
1.51
40
0.88
0.90
1.54
42
0.88
0.93
1.56
44
0.88
0.96
1.58
46
0.88
1.00
1.61
48
0.88
1.03
1.63
50
0.88
1.07
1.66
52
0.88
1.10
1.68
54
0.88
1.10
1.70
56
0.88
1.10
1.73
58
0.88
1.10
1.75
60
0.88
1.10
1.78
62
0.88
1.10
1.80
(1) If the
					 guaranteed percent is between listed values, the higher investigational
					 allowance shall be applied. For example, a 21% N guarantee would have a 0.75%
					 investigational allowance.
(2) In
					 no case may the investigational allowance exceed 50 percent of the amount
					 guaranteed.
(3) For Triple Super
					 Phosphate (TSP), the investigational allowance for available phosphoric acid
					 (P2O5) shall be 1.53%.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 3 - Licensing › Section 2318 - Licensing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements found in Section
						14591 of the Food and Agricultural
						Code, each licensee is required to provide a place of business. If the
						secretary returns an incomplete application for a license to the
						applicant:
(a) A completed application
					 resubmitted within 180 days from the date the secretary initially returned the
					 application shall not require payment of a new licensing fee.
(b) A new licensing fee must accompany a
					 completed application resubmitted more than 180 days from the date the
					 secretary initially returned the application.
1. New
						section filed 8-2-91; operative 8-2-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 7).
2. Amendment filed 4-13-2020; operative
						4-13-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 16).
Note: Authority cited: Sections
						  407,
						  14502
						  and
						  14591,
						  Food and Agricultural Code. Reference: Section
						  14591,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 3 - Licensing › Section 2319 - Experimental Use of a Fertilizing Material

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Experimental use of a fertilizing material for
						noncommercial value is exempt from registration, when all of the following
						conditions have been satisfied:
(a)
					 The material shall not be sold.
(b)
					 The material shall be conspicuously identified on the display panel as
					 "EXPERIMENTAL USE ONLY".
(c) The
					 user(s) or recipient(s) of the material shall be documented by the
					 manufacturer.
(1) Documentation shall be
					 retained and available to the secretary upon request for at least three years
					 from date the material was provided.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 4 - Registration › Section 2320 - Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to requirements found in Section
						14601 of the Food and Agricultural
						Code, the following information is required.
Each auxiliary soil and plant substance, packaged
						agricultural mineral, packaged soil amendment, specialty fertilizer, and
						organic input material shall be registered in the name of the legal entity or
						person whose name appears on the label before being distributed in this
						state.
These materials shall not be distributed or sold unless
						the product is registered.
1. New
						section filed 8-2-91; operative 8-2-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 7).
2. Amendment filed 2-28-2012; operative
						3-29-2012 (Register 2012, No. 9).
Note: Authority cited: Sections
						  407,
						  14502
						  and
						  14601,
						  Food and Agricultural Code. Reference: Section
						  14601,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 4 - Registration › Section 2320.1 - Fertilizing Material Product Labels Submitted for Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 fee for each organic input material product label submitted for registration is
					 five hundred dollars ($500). The fee for renewing each organic input material
					 product label is also five hundred dollars ($500).
(b) Each product label registration shall be
					 valid for a two-year period based on the beginning of the designated group
					 registration cycle. Registrations are divided into four groups, based on the
					 first letter or number of the firm name. Group 1's registration shall be
					 renewed on January 1 of even numbered years; group 2's registration shall be
					 renewed on July 1 of even numbered years; group 3's registration shall be
					 renewed on January 1 of odd numbered years; and group 4's registration shall be
					 renewed on July 1 of odd numbered years. The chart below displays what group a
					 firm is in, based on the first letter or number of the firm name. This revised
					 registration cycle is effective January 1, 2018. During the registration
					 renewal cycle transition, firm's registration fees may be prorated.
Group
Firm Name
Cycle
1
R-Z
January 1 - even numbered years
2
A-C and firms starting with numerals
July 1 - even numbered years
3
D-I
January 1 - odd numbered years
4
J-Q
July 1 - odd numbered years
(c) If the Secretary returns an incomplete
					 application for product registration to the applicant, the applicant has 180
					 days from the date the Secretary initially returned the application to resubmit
					 a complete application without payment of a new registration fee. A new
					 registration fee must accompany applications resubmitted after 180 days from
					 the date the Secretary returned the application.
1. New
						section filed 2-28-2012; operative 3-29-2012 (Register 2012, No.
						9).
2. Amendment of section heading filed 6-22-2017; operative
						10-1-2017 (Register 2017, No. 25).
3. Amendment of subsection (a),
						repealer and new subsection (b) and amendment of NOTE filed 8-30-2017;
						operative 1-1-2018 (Register 2017, No. 35).
Note: Authority cited: Sections
						  407,
						  14502,
						  14601
						  and
						  14604,
						  Food and Agricultural Code. Reference: Section
						  14601,
						  Food and Agricultural Code.
The
						amended version of this section by
						Register
						2024, No. 28, effective 10/1/2024 is not yet
						available.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 4 - Registration › Section 2320.2 - Registration Application for Organic Input Material Product Label

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Organic input materials submitted for registration shall comply with the
					 requirements of the National Organic Program (NOP) standards, as specified in
					 Part 205 (commencing with Section
					 205.1) of Subchapter M of Chapter I
					 of Subtitle B of Title 7 of the Code of Federal Regulations.
(b) Product label registration for Organic
					 Input Material shall be made on an application designated by the department,
					 Organic Input Material, Fertilizing Materials Registration Application, 513-026
					 (Rev. 07/13), which is hereby incorporated by reference. Applications must be
					 accompanied by the appropriate fee and shall include:
(1) A copy of the label accompanying the
					 material and a statement of all claims to be made for it, including the
					 directions and precautions for use.
(2) The complete formula of the material
					 including the active, inert ingredients, the name, source, and function of
					 every substance that is added in creation of the final product. This includes
					 primary ingredients and feedstocks, growth media, substrates, extractants,
					 solvents, emulsifiers, precursors, reactants and stabilizers, as well as any
					 chelating, complexing, crystallizing, granulating, hydrolyzing, flowing, or
					 floating agents, or any other additives.
(3) A complete description of the
					 manufacturing process for the Organic Input Materials (OIM), including
					 ingredient amounts, sequence and duration of events, temperature changes,
					 reactions, and all steps taken to assure that OIM are not contaminated with
					 USDA-NOP prohibited substances as well as a description of any composting,
					 digestion, fermentation, extraction, or other processes and any methods used
					 for removing extractants or growth media from the final product.
(4) The intended uses of the
					 product.
(5) The source or supplier
					 of all ingredients.
(6) Alternate
					 formulation.
(7) Third party
					 formulated ingredients.
(8) An
					 organic input material inspection report for manufacturers that produce liquid
					 OIMs with a nitrogen guarantee labeled greater than 3%.
(9) Any additional information deemed
					 necessary by the secretary.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 4 - Registration › Section 2320.3 - Scope of Organic Input Material

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 fertilizing material shall be considered to be an organic input material
					 requiring label registration under the following circumstances:
(1) The fertilizing material making claims of
					 compliance to the United States Department of Agriculture, National Organic
					 Program (NOP) standards, or claims for use in organic crop and food production,
					 including but not limited to, submission by the supplier, distributor, or
					 manufacturer for listing by a third-party organic input material review
					 organizations recognized by the NOP.
(2) The fertilizing material includes claims
					 on labels, labeling, literature or extensions of labels, such as websites or
					 social media outlets, or other electronic or verbal communications that the
					 products are suitable for use in the organic crop and food production
					 system.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 4 - Registration › Section 2320.4 - Use of the Term "Organic" on Labels and/or Labeling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Fertilizing material labels and/or labeling displaying the term "organic" in
					 the licensee's name on the label, logos, slogans, or brand names, shall be
					 registered as an organic input material or shall comply with subsection (c) by
					 December 31, 2015.
(b) Label and
					 labeling claims implying that a product is suitable for organic crop and food
					 production shall be registered as an organic input material or shall comply
					 with subsection (c). Organic claims include, but are not limited to, the
					 following: Organic gardening, certified organic, and compliance with National
					 Organic Program (NOP) standards.
(c) The use of the term "organic" on
					 fertilizing material labels and/or labeling, as described in (a) and (b) of
					 this section, not meeting the NOP standards shall include one of the following
					 declarations: "NOT FOR USE IN ORGANIC CROP AND ORGANIC FOOD PRODUCTION IN THE
					 STATE OF CALIFORNIA" or "NOT FOR USE IN ORGANIC CROP AND ORGANIC FOOD
					 PRODUCTION."
(1) The declaration shall appear
					 in the display panel of the label, as well as on any labeling, including
					 webpages or marketing material, that identify applicable products.
(2) The declaration shall be in such a style
					 of type of lettering as to be clearly and conspicuously presented with respect
					 to other type, lettering, or graphic material on the label.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 4 - Registration › Section 2320.5 - Registered Product List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 secretary shall maintain a list of registered fertilizing materials on the
					 department's website.
1. New
						section filed 6-22-2017; operative 10-1-2017 (Register 2017, No. 25).
Note: Authority cited: Sections
						  407,
						  14502
						  and
						  14601,
						  Food and Agricultural Code. Reference: Section
						  14601,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 5 - Tonnage Reporting › Section 2321 - Tonnage Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements found in Sections
						14621,
						14622 and
						14623 of the Food and Agricultural
						Code, the following is required.
(a)
					 The tonnage report shall be made semi-annually no later than July 31, and no
					 later than January 31 of each year. Zero reports are required.
1. New
						section filed 8-2-91; operative 8-2-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 7).
2. Amendment of subsection (a) filed
						2-28-2012; operative 3-29-2012 (Register 2012, No. 9).
Note: Authority cited: Sections
						  407,
						  14502,
						  14621,
						  14622
						  and
						  14623,
						  Food and Agricultural Code. Reference: Sections
						  14621
						  and
						  14622,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 6 - Administrative Penalties › Section 2322 - Administrative Penalty Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In applying Section 14651.5 of the California Food and
						Agricultural Code, the secretary shall use the provisions of this section to
						determine the violation class and amount of the penalty.
(a) For the purposes of this section,
					 violation classes are designated as serious, moderate, and minor to establish
					 maximum penalty amounts. Repeat violations may result in an escalation of
					 violation class and/or penalty. Escalation of penalties may apply for a
					 revolving five-year period from 7 the date of each unique section code
					 violation. Serious and moderate violations may be downgraded based upon the
					 evidence, the factual circumstances, mitigating factors, and the cooperation of
					 the violator.
(1) "Serious." Violations that
					 cause significant false, misleading or deceptive business practices that
					 involve the misbranding, adulteration of fertilizing material products,
					 movement of quarantined products without prior approval of the secretary,
					 refusal to submit records upon request; or repeated violations of sub-paragraph
					 (2). Serious violations are punishable by an administrative penalty of up to
					 five thousand dollars ($5,000).
(2)
					 "Moderate." Violations in which there is a potential for intermediate level of
					 consumer or competitive harm or repeated violations of subparagraph (3).
					 Moderate violations are punishable by an administrative penalty of up to one
					 thousand dollars ($1,000).
(3)
					 "Minor." Violations that are unintentional and have minimal adverse effects on
					 consumers or equitable competition in the market place. In lieu of an
					 administrative penalty, the secretary may issue a notice of warning for minor
					 violations.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 6 - Administrative Penalties › Section 2322.1 - Filing Deadlines and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 respondent may contest a notice of adverse determination, including a notice to
					 deny a right, authority, license or privilege or the renewal thereof, for any
					 violation specified in Section
					 2322 within 30 calendar days from
					 the date of the notice of proposed action by submitting a written request to
					 the Legal Office of Hearings and Appeals of the Department of Food and
					 Agriculture, 1220 N Street, Room 315, Sacramento, California 95814. Any
					 objection to the Department's selection of the informal hearing procedure shall
					 be made in writing to the Legal Office of Hearings and Appeals and shall be
					 resolved by the Hearing Officer prior to the hearing.
(b) Failure to present a timely request for a
					 hearing constitutes a waiver of the respondent's right to contest the notice of
					 an adverse determination.
(c) If
					 the notice of adverse determination places a hold on a fertilizing material
					 product, or requires a person to cease operations, the notice of adverse
					 determination shall remain in effect pending the outcome of the informal
					 hearing.
1. New
						section filed 2-28-2012; operative 3-29-2012 (Register 2012, No.
						9).
2. Amendment of subsection (a), repealer of subsections (b) and
						(c), subsection relettering and amendment of NOTE filed 4-13-2020; operative
						4-13-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 16).
Note: Authority cited: Section
						  407, Food and Agricultural Code;
						  and Section
						  11400.20,
						  Government Code. Reference: Section
						  14651.5, Food and Agricultural
						  Code; and Section
						  11445.30,
						  Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 6 - Administrative Penalties › Section 2322.2 - Hearing Schedule and Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Legal Office of Hearings and Appeals shall schedule an informal hearing within
					 30 days from the receipt of a written request from the respondent.
(b) Formal hearings shall be scheduled by the
					 Department consistent with the provisions of Chapter 5 (commencing with Section
					 11500), Part 1, Division 3, Title 2
					 of the Government Code, and any applicable regulations enacted pursuant to
					 these provisions.
(c) The
					 Department shall provide a notice of the informal hearing to the respondent
					 containing the following information:
(1)
					 Date, location, and time of the informal hearing;
(2) Departmental contact information
					 including applicable telephone and facsimile numbers;
(3) Subject matter of the adverse
					 determination; and,
(4) Any other
					 information or documentation relative to the adverse
					 determination.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 6 - Administrative Penalties › Section 2322.3 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Hearings shall be presided over and conducted by a Hearing Officer designated
					 by the secretary.
(b) The standard
					 of proof to be applied by the Hearing Officer shall be the preponderance of the
					 evidence.
(c) Hearings may be
					 conducted by telephone, at the discretion of the Hearing Officer.
(d) The decision of the Hearing Officer shall
					 be in writing. It may be handwritten.
(e) The decision shall be issued within 30
					 days after the conclusion of the hearing and may be issued orally at the
					 conclusion of the hearing subject to written confirmation.
(f) The written decision shall be served on
					 the respondent either by personal service, facsimile transmission, or
					 email.
(g) The Hearing Officer's
					 decision shall be effective immediately upon first articulation under
					 subsection (e) and shall be final and not appealable to the secretary or any
					 other officer of the Department.
(h) The owner may challenge the Hearing
					 Officer's decision by filing a writ of administrative mandamus in the
					 appropriate court pursuant to Code of Civil Procedure Section
					 1094.5.
(i) Hearings shall be recorded.
1. New
						section filed 2-28-2012; operative 3-29-2012 (Register 2012, No.
						9).
2. Amendment of subsection (f) filed 9-12-2013; operative
						1-1-2014 (Register 2013, No. 37).
3. Amendment of section and NOTE
						filed 4-13-2020; operative 4-13-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 16).
Note: Authority cited: Sections
						  407,
						  14502,
						  14651 and
						  14651.5, Food and Agricultural
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  14653,
						  14655,
						  14681 and
						  14682, Food and Agricultural Code;
						  and Sections
						  11425.50
						  and
						  11445.10,
						  Government Code.
The
						amended version of this section by
						Register
						2024, No. 28, effective 10/1/2024 is not yet
						available.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 6 - Administrative Penalties › Section 2323 - On Site Inspection of Organic Input Material Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Secretary shall have free access at reasonable times to all records, premises,
					 production processes, storage facilities, inventories or conveyances that are
					 used in the manufacture, transportation, importation, distribution, storage, or
					 application of any organic input material.
(b) The secretary may accept inspections
					 performed by the following third-party organizations for out-of-state organic
					 input material manufacturers:
(1) Organic
					 material review organizations recognized by the USDA National Organic Program
					 (NOP),
(2) Firms accredited by the
					 International Organization for Standardization,
(3) Certifying agents accredited by the USDA
					 NOP,
(4) Governmental agencies
					 having responsibility in the enforcement of laws regulating the production,
					 distribution, and labeling of fertilizing materials, or
(5) Third-party organizations undergoing
					 departmental training on fertilizing materials inspection protocol.
All inspection records compiled by the third-party
						organization shall be made available to the secretary upon request. When a
						third-party organization is conducting a site inspection, the inspection shall
						be consistent with the secretary's inspection protocol, which requires all
						locations manufacturing liquid organic input materials with a total nitrogen
						claim higher than 3% to have at least two inspections per year, one being
						unannounced. The third-party organization shall notify the department of the
						date of the inspection at least 72 hours in advance; department representatives
						may be present at the inspection.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 6 - Administrative Penalties › Section 2324 - Access for Sampling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Authorized staff may take a sample for analysis from any
						lot of fertilizing material which is in the possession of any producer,
						manufacturer, distributor, importer, agent, dealer, retailer, or user.
1. New
						section filed 9-12-2013; operative 1-1-2014 (Register 2013, No.
						37).
2. Amendment filed 6-22-2017; operative 10-1-2017 (Register
						2017, No. 25).
Note: Authority cited: Sections
						  407,
						  14502,
						  14601,
						  14641,
						  14642
						  and
						  14645,
						  Food and Agricultural Code. Reference: Section
						  14645,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 6 - Administrative Penalties › Section 2325 - Records Maintenance and Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each licensee shall maintain in this state, or with the
						secretary's permission at another location, an accurate record of all
						transactions subject to assessment. These records shall be maintained for a
						period of not less than three years following the transaction and are subject
						to audit by the secretary. Records of all transactions subject to assessment
						shall be made available to the Department upon request.
1. New
						section filed 9-12-2013; operative 1-1-2014 (Register 2013, No. 37).
Note: Authority cited: Sections
						  407,
						  14502
						  and
						  14612,
						  Food and Agricultural Code. Reference: Section
						  14612,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 7 - MILL Assessments › Section 2326.1 - MILL Assessment Rates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 licensee whose name appears on the label who sells or distributes bulk
					 fertilizing materials, as defined in Food and Agricultural Code Sections
					 14517 and
					 14533, to unlicensed purchasers,
					 shall pay to the secretary an assessment of one and a half mill ($0.0015) per
					 dollar of sales for all sales of fertilizing materials. A licensee whose name
					 appears on the label of packaged fertilizing materials, as defined in Food and
					 Agricultural Code Sections
					 14533 and
					 14551, shall pay to the secretary
					 an assessment of one and a half mill ($0.0015) per dollar of sales of all sales
					 of fertilizing materials.
(b) In
					 addition to the assessment provided in subdivision (a), the secretary
					 establishes the mill assessment on fertilizing materials products at one mill
					 ($0.001) per dollar of sales for all sales of fertilizing materials, to provide
					 funding for research and education regarding the use and handling of
					 fertilizing materials pursuant to Food and Agricultural Code section
					 14611(b).
1. New
						article 6 (sections
						2326.1-2326.2) and section filed
						10-23-2014; operative 10-23-2014 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2014, No. 43).
2. Relocation and amendment of former
						article 6 heading to section
						2322 and new article 7 heading
						filed 4-13-2020; operative 4-13-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 16).
3. Amendment of subsection (a) filed
						5-4-2020; operative 7-1-2020 (Register 2020, No. 19).
4. Editorial
						correction of article number (Register 2021, No. 47).
Note: Authority cited: Sections
						  407,
						  14501,
						  14502
						  and
						  14611,
						  Food and Agricultural Code. Reference: Sections
						  14501,
						  14517,
						  14533,
						  14551
						  and
						  14611(b),
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 1 - Fertilizing Materials › Article 7 - MILL Assessments › Section 2326.2 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For any delinquency in making the payment, or any
						deficiency in payment of the fertilizing materials mill assessment which is
						received after the date due (one calendar month after March 31, June 30,
						September 30, and December 31 of each year), a penalty of 15 percent of the
						amount which is due shall be added.
1. New
						section filed 10-23-2014; operative 10-23-2014 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2014, No. 43).
Note: Authority cited: Sections
						  407,
						  14501,
						  14502,
						  14611
						  and
						  14613,
						  Food and Agricultural Code. Reference: Sections
						  14501,
						  14517,
						  14533,
						  14551,
						  14611
						  and
						  14613,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 1 - General Provisions [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 1 (sections
					 2330-2332) filed 7-19-85; operative
					 7-19-85 (Register 85, No. 29). For prior history of section
					 2331, see Register 85, No.
					 18.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 2 - Definitions [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Subarticle 2 (Sections
					 2336-2338) and new Article 2
					 (Section 2340) filed 12-29-78; effective
					 thirtieth day thereafter (Register 78, No. 52). For prior history, see Register
					 65, No. 6.
2. Repealer of Article 2 (Section
					 2340) filed 8-4-82; designated
					 effective 1-1-83 (Register 82, No. 32).
Note: Authority cited: Sections
						407
						and
						12781,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 3 - Exemptions [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 3 (Sections
					 2343-2345) and new Article 3
					 (Section 2350) filed 12-29-78; effective
					 thirtieth day thereafter (Register 78, No. 52). For prior history see Register
					 65, No. 6.
2. Renumbering of Article 3 (Section
					 2350) to Chapter 6 (Section
					 6210) filed 8-4-82; designated
					 effective 1-1-83 (Register 82, No. 32).
Note: Authority cited: Sections
						407
						and
						12781,
						Food and Agricultural Code. Reference: Sections
						12753
						and
						12801,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 4 - Registration Procedures [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 4 (sections
					 2360-2368) filed 7-19-85; operative
					 7-19-85 (Register 85, No. 29). For prior history of section
					 2365, see Register 85, No.
					 18.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 5 - Data Requirements [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 5 (sections
					 2369-2380) filed 7-19-85; operative
					 7-19-85 (Register 85, No. 29).
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 6 - Labeling [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 6 (sections
					 2389-2397) filed 7-19-85; operative
					 7-19-85 (Register 85, No. 29). For prior history of section
					 2397, see Register 85, No.
					 18.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 7 - Criteria [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 7 (sections
					 2400-2402) filed 7-19-85; operative
					 7-19-85 (Register 85, No. 29).
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 8 - Findings of the Director [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 8 (sections
					 2420-2428) filed 7-19-85; operative
					 7-19-85 (Register 85, No. 29). For prior history of sections
					 2420-2426, see Register 82, No.
					 32.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 9 - MILL Assessment [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 9 (Section
					 2380) and new Article 9 (Sections
					 2430-2435, consecutive) filed
					 12-29-78; effective thirtieth day thereafter (Register 78, No. 52). For prior
					 history, see Registers 77, No. 6, and 65, No. 6.
2. Renumbering and
					 amendment of Article 9 (Sections
					 2430-2435) to Chapter 6 (Sections
					 6380-6392, not consecutive) filed
					 8-4-82; designated effective 1-1-83 (Register 82, No. 32). For prior history,
					 see Registers 80, No. 12; 79, No. 52; and 79, No. 28.
Note: Authority cited: Sections
						407
						and
						12781,
						Food and Agricultural Code. Reference: Section
						12841,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 9.5 - MILL Assessment Disbursement Criteria [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 9.5 (Sections
					 2436-2439.5) filed 7-9-79 as an
					 emergency; effective upon filing. Certificate of Compliance included (Register
					 79, No. 28).
2. Amendment of subsection (c) filed 12-24-79;
					 effective upon filing (Register 79, No. 52). A Certificate of Compliance must
					 be filed within 120 days or emergency language will be repealed on
					 4-23-79.
3. Certificate of Compliance including amendment of
					 subsection (c) filed 3-21-80 (Register 80, No. 12).
4. Repealer of
					 Article 9.5 (Sections
					 2436-2439.5) and new Article 9.5
					 (Sections 2436-2438) filed 10-16-81;
					 effective thirtieth day thereafter (Register 81, No. 42).
5.
					 Repealer of Article 9.5 (Sections
					 2436-2439 and
					 2439.9, not consecutive) filed
					 7-8-83; effective thirtieth day thereafter (Register 83, No. 28). For prior
					 history, see Register 81, No. 49.
Note: Authority cited: Sections
						407,
						12781
						and
						12844,
						Food and Agricultural Code. Reference: Section
						12844,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 10 - Violations [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 10 (Section
					 2440) filed 8-4-82; designated
					 effective 1-1-83 (Register 82, No. 32).
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 11 - Pesticide Regulatory Program [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 11 (sections
					 2440.5-2445) filed 8-13-85;
					 operative 8-13-85 (Register 85, No. 33). For prior history of sections
					 2440.5 and
					 2443, see Register 85, No.
					 29.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 12 - Application for Registration [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 12 (Sections
					 2402-2408.6, not consecutive) filed
					 12-29-78; effective thirtieth day thereafter (Register 78, No. 52). For prior
					 history, see Registers 78, No. 23; 77, No. 50; 77, No. 33; 77, No. 6; 72, No.
					 43; 72, No. 29; 72, No. 18; 71, No. 50; 71, No. 37; 71, No. 27; 71, No. 20; 70,
					 No. 33; 70, No. 16; 69, No. 31; 65, No. 6.
Note: Authority cited: Sections
						407,
						12781
						and
						14005,
						Food and Agricultural Code. Reference: Sections
						12751-
						12994,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 13 - Transfer of Registration [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 13 (Sections
					 2412 and
					 2413) filed 12-29-78; effective
					 thirtieth day thereafter (Register 78, No. 52). For prior history, see
					 Registers 77, No. 50 and 65, No. 6.
Note: Authority cited: Sections
						407,
						12781
						and
						14005,
						Food and Agricultural Code. Reference: Sections
						12751-
						12994,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 14 - Commercial Pest Control Service [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 14 (Sections
					 2418 and
					 2419) filed 12-29-78; effective
					 thirtieth day thereafter (Register 78, No. 52). For prior history, see
					 Registers 77, No. 6 and 65, No. 6.
Note: Authority cited: Sections
						407,
						12781
						and
						14005,
						Food and Agricultural Code. Reference: Sections
						12751-
						12994,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 15 - Toxicity Definitions and Caution Statements [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 15 (Sections
					 2424 and
					 2425) filed 12-29-78; effective
					 thirtieth day thereafter (Register 78, No. 52). For prior history, see
					 Registers 77, No. 6 and 65, No. 6.
Note: Authority cited: Sections
						407,
						12781
						and
						14005,
						Food and Agricultural Code. Reference: Sections
						12751-
						12994,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 16 - Labeling [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 16 (Sections
					 2430-2434, consecutive) filed
					 12-29-78; effective thirtieth day thereafter (Register 78, No. 52). For prior
					 history, see Registers 77, No. 6; 71, No. 23; 65, No. 6.
Note: Authority cited: Sections
						407,
						12781
						and
						14005,
						Food and Agricultural Code. Reference: Sections
						12751-
						12994,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 17 - Misbranding [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 17 (Sections
					 2435-2436, consecutive) filed
					 12-29-78; effective thirtieth day thereafter (Register 78, No. 52). For prior
					 history, see Registers 77, No. 6; 75, No. 27; 65, No. 6.
Note: Authority cited: Sections
						407,
						12781
						and
						14005,
						Food and Agricultural Code. Reference: Sections
						12751-
						12994,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 17.1 - Advertising and Sales Documents [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 17.1 (Section
					 2440) file 12-29-78; effective
					 thirtieth day thereafter (Register 78, No. 52). For prior history, see
					 Registers 75, No. 27; 72, No. 39; 72, No. 15.
Note: Authority cited: Sections
						407,
						12781
						and
						14005,
						Food and Agricultural Code. Reference: Sections
						12751-
						12994,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 1 - Chemistry › Subchapter 2 - Economic Poisons [Repealed] › Article 17.2 - MILL Assessments [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 17.2 (Sections
					 2440.5-2440.7) filed 12-29-78;
					 effective thirtieth day thereafter (Register 78, No. 52). For prior history,
					 see Registers 75, No. 27; 75, No. 24; 73, No. 24; 72, No. 35.
Note: Authority cited: Sections
						407,
						12781
						and
						14005,
						Food and Agricultural Code. Reference: Sections
						12751-
						12994,
						Food and Agricultural Code.