reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321.7 - Tagging and Seizure of Whole Veal Meat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may affix a warning tag or notice to shipping documents, manifests,
				  containers, sub-containers, lots, or loads of whole veal meat which have been
				  produced, packaged, stored, labeled, marked, identified, transported,
				  delivered, or sold in violation of the requirements of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article. When a
				  warning tag or notice is issued, the Department shall give written notice of
				  such violation to the veal producer, veal distributor, owner, or other person
				  in possession of the whole veal meat.
(b) No person shall remove a warning tag or
				  notice from the place it is affixed except upon written permission or specific
				  direction of the Department.
(c)
				  The Department may seize and hold any containers, sub-containers, lots, or
				  loads of whole veal meat in California which they have reasonable suspicion to
				  believe is in violation of the provisions of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article. If the
				  Department seizes any container, sub-container, lot, or load of whole veal
				  meat, a written hold notice shall be issued to the person that has control of
				  the whole veal meat, and a tag or notice may be affixed to the container,
				  sub-container, lot, or load which states it is so held.
(d) Any whole veal meat for which a hold
				  notice is issued shall be held by the person having control of the whole veal
				  meat and shall not be disturbed, moved, diverted, or offered for sale except
				  under the specific directions of the Department.
(e) A person may request an informal hearing
				  to contest tagging, hold notice, or seizure of whole veal meat pursuant to
				  section 1327.1 of this Chapter.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990,
						25991
						and
						25992,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321.8 - Written Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of section
				  25993.1
				  of the Health and Safety Code, any written certification from a supplier to a
				  buyer engaged in commercial sales of whole veal meat that was not derived from
				  a calf confined in a cruel manner shall be based upon an audit trail as defined
				  in section 1321(b) of this
				  Article, and shall be traceable to veal producers compliant with all
				  requirements of section
				  1321.1 of this Article.
(b) A retailer or food processing facility
				  that is an end-user and takes physical possession, whether by use of a common
				  carrier, private carrier, or other means of conveyance, of whole veal meat at,
				  or directly from, an establishment at which mandatory inspection is provided
				  under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), that
				  holds an establishment number (prefix "M") granted by the Food Safety
				  Inspection Service of the United States Department of Agriculture, and that
				  does not hold a valid veal distributor registration, shall:
(1) Maintain records documenting written
				  certifications that meet the requirements of this section for whole veal meat
				  received during the preceding 12-month period.
(2) Maintain records documenting the address
				  of the location where the retailer or food processing facility, as the buyer,
				  takes physical possession of whole veal meat for each sales
				  transaction.
(3) Make the records
				  required by this section available on-site for inspection by the Department
				  upon request. Electronic records are considered on-site if they are accessible
				  from an on-site location.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321.9 - Denial, Suspension, or Revocation of Veal Distributor Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may deny, suspend, or revoke a registration issued pursuant to this
				  Article for any of the following:
(1)
				  Violations that resulted, or reasonably could have resulted, in the commercial
				  sale of whole veal meat from a calf that was not confined in compliance with
				  this Article;
(2) Demonstrated
				  pattern of violations with the requirements of this Article and/or statutes
				  pertaining to whole veal meat or a calf raised for veal in sections
				  25990-
				  25992
				  of the Health and Safety Code;
(3)
				  Refusal to grant access for, or interference with, inspections or audits
				  described in sections
				  1321.3 or
				  1321.6 of this Article;
(4) Misrepresenting whole veal meat as being
				  produced in compliance with this Article; or
(5) Providing false information on an
				  application for registration.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 3 - Breeding Pigs › Section 1322.1 - Breeding Pig Confinement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  person shall knowingly engage in a commercial sale within the state of whole
				  pork meat for human food if the whole pork meat is the product of a breeding
				  pig, or the product of the immediate offspring of a breeding pig, that was
				  confined at any time during the production cycle for said product in an
				  enclosure that fails to comply with the following standards:
(1) An enclosure shall allow the breeding pig
				  to lie down, stand up, fully extend limbs, and turn around freely.
(2) An enclosure shall provide a minimum of
				  24 square feet of usable floorspace per breeding pig.
(3) Exceptions to the requirements of this
				  section are specified in section
				  25992
				  of the Health and Safety Code and Article 4 of this
				  Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 3 - Breeding Pigs › Section 1322.3 - Inspection and Audit of Registered Pork Distributor Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every person registered pursuant to section
				  1322.2 of this Article shall comply
				  with this section.
(b) Every pork
				  distributor by submitting an application for registration of a facility agrees
				  as a condition of registration to provide the Department, and/or certifying
				  agent, entrance and access to the premises and business records of the facility
				  for purposes of inspection and audit as described in Article 5 of this
				  Chapter.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990
						and
						25991,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 3 - Breeding Pigs › Section 1322.4 - Whole Pork Meat Shipping Document Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Shipping Documents.
(1) All documents of
				  title and shipping manifests for shipments of whole pork meat entering the
				  state or transported within the state for commercial sale in California shall
				  include the statement "Pork CA Prop 12 Compliant". The statement shall be
				  clearly legible and plainly printed or stamped.
(2) For shipments of whole pork meat that was
				  not produced in compliance with section
				  25991
				  of the Health and Safety Code and this Article, and enter California
				  exclusively for purposes of transshipment, export, donation, or sale to federal
				  agencies or on tribal lands and are not destined for commercial sale in
				  California, all documents of title, shipping invoices, bills of lading, and
				  shipping manifests shall, upon entrance into the state and during
				  transportation and storage within the state, be marked with the statement "For
				  Export", "For Transshipment", or "Not Prop 12 Compliant". The statement shall
				  be legible and plainly printed or stamped.
(3) For shipments of whole pork meat not
				  produced in compliance with section
				  25991
				  of the Health and Safety Code and this Article that originate from a facility,
				  whether located inside or outside of the state, under mandatory inspection and
				  that holds an establishment number with prefix "M" granted by the Food Safety
				  Inspection Service of the United States Department of Agriculture under the
				  Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and
				  being transported to another facility in California under mandatory inspection
				  and that holds an establishment number with prefix "M" granted by the Food
				  Safety Inspection Service of the United States Department of Agriculture under
				  the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.),
				  solely for purposes of using the whole pork meat for making food products not
				  covered by the Act or this Article, all documents of title, shipping invoices,
				  bills of lading, and shipping manifests shall, upon entrance into the state and
				  during transportation within the state, be clearly marked with the statement
				  "Only for use at" immediately followed by the complete establishment number,
				  including the prefix "M", granted by the Food Safety Inspection Service of the
				  United States Department of Agriculture for the specific facility where the
				  shipment is destined for delivery.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 3 - Breeding Pigs › Section 1322.5 - Pork Distributor Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  pork distributor, as a condition of registration pursuant to section
				  1322.2 of this Article, shall
				  maintain records that comply with all the requirements of this
				  section.
(b) Records shall be
				  sufficient for purposes of an audit trail as defined in section
				  1322(b) of this
				  Article and the applicable recordkeeping requirements described in section
				  1326.2 of this Chapter.
(c) Records shall document in a traceable
				  manner that whole pork meat being distributed for commercial sale into or
				  within California originates from pork producers that are in compliance with
				  all requirements of section
				  1322.1 of this Article.
(d) Records shall document the address of the
				  location where the distributor, as the buyer, takes physical possession of
				  whole pork meat for each sales transaction.
(e) Records shall be maintained for two (2)
				  years from the date of creation and be made accessible for inspection and audit
				  by the Department and/or a certifying agent as required by section
				  1322.3 of this Article.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990
						and
						25991,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 3 - Breeding Pigs › Section 1322.6 - Inspection of Conveyances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every pork distributor by submitting an application for registration agrees as
				  a condition of registration to provide the Department or a certifying agent,
				  access to inspect in California any vehicle or other conveyance under the
				  registrant's operation or control that is transporting whole pork meat into or
				  within the state.
(b) Every person
				  shall stop at the request of the Department at any California Border Protection
				  Station for purposes of inspection of cargo and any accompanying shipping
				  documents, manifests, and bills of lading, any vehicle or other conveyance
				  transporting into or within the state whole pork meat.
(c) The Department may deny entry to or order
				  diversion from the state any vehicle or other conveyance transporting whole
				  pork meat intended for commercial sale that was produced, packaged, identified,
				  or shipped in violation of the requirements of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article, including but
				  not limited to shipping document requirements specified in section
				  1322.4 of this Article.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990,
						25991
						and
						25992,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 3 - Breeding Pigs › Section 1322.7 - Tagging and Seizure of Whole Pork Meat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may affix a warning tag or notice to shipping documents, manifests,
				  containers, sub-containers, lots, or loads of whole pork meat which have been
				  produced, packaged, stored, labeled, marked, identified, transported,
				  delivered, or sold in violation of the requirements of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article. When a
				  warning tag or notice is issued, the Department shall give written notice of
				  such violation to the pork producer, pork distributor, owner, or other person
				  in possession of the whole pork meat.
(b) No person shall remove a warning tag or
				  notice from the place it is affixed except upon written permission or specific
				  direction of the Department.
(c)
				  The Department may seize and hold any containers, sub-containers, lots or loads
				  of whole pork meat in California which they have reasonable suspicion to
				  believe is in violation of the provisions of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article. If the
				  Department seizes any container, sub-container, lot, or load of whole pork
				  meat, a written hold notice shall be issued to the person that has control of
				  the whole pork meat, and a tag or notice may be affixed to the container,
				  sub-container, lot, or load which states it is so held.
(d) Any whole pork meat for which a hold
				  notice is issued shall be held by the person having control of the whole pork
				  meat and shall not be disturbed, moved, diverted, or offered for sale except
				  under the specific directions of the Department.
(e) A person may request an informal hearing
				  to contest tagging, hold notice, or seizure of whole pork meat pursuant to
				  section 1327.1 of this Chapter.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990,
						25991
						and
						25992,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 3 - Breeding Pigs › Section 1322.8 - Written Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of section
				  25993.1
				  of the Health and Safety Code, any written certification from a supplier to a
				  buyer engaged in commercial sales of whole pork meat that was not derived from
				  a breeding pig, or offspring of a breeding pig, confined in a cruel manner
				  shall be based upon an audit trail as defined in section
				  1322(b), of this
				  Article, and shall be traceable to pork producers compliant with all
				  requirements of section
				  1322.1 of this Article.
(b) A retailer or food processing facility
				  that is an end-user and takes physical possession, whether by use of a common
				  carrier, private carrier or other means of conveyance, of whole pork meat at,
				  or directly from, an establishment at which mandatory inspection is provided
				  under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), that
				  holds an establishment number (prefix "M") granted by the Food Safety
				  Inspection Service of the United States Department of Agriculture with a prefix
				  of "M", and that does not hold a valid pork distributor registration, shall:
(1) Maintain records documenting written
				  certifications that meet the requirements of this section for whole pork meat
				  received during the preceding 12-month period.
(2) Maintain records documenting the address
				  of the location where the retailer or food processor, as the buyer, takes
				  physical possession of whole pork meat for each sales transaction.
(3) Make the records required by this
				  subsection available on-site for inspection by the Department upon request.
				  Electronic records are considered on-site if they are accessible from an
				  on-site location.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 3 - Breeding Pigs › Section 1322.9 - Denial, Suspension, or Revocation of Pork Distributor Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may deny, suspend, or revoke a registration issued pursuant to this
				  Article for any of the following:
(1)
				  Violations that resulted, or reasonably could have resulted, in the commercial
				  sale of whole pork meat from breeding pigs, or offspring of breeding pigs, that
				  was not confined in compliance with this Article;
(2) Demonstrated pattern of violations with
				  the requirements of this Article and/or statutes pertaining to whole pork meat
				  or breeding pigs in sections
				  25990-
				  25992
				  of the Health and Safety Code;
(3)
				  Refusal to grant access for, or interference with, inspections or audits
				  described in sections
				  1322.3 or
				  1322.6 of this Article;
(4) Misrepresenting whole pork meat as being
				  produced in compliance with this Article; or
(5) Providing false information on an
				  application for registration.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 4 - Exceptions › Section 1324 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the following
					 definitions apply to this Article and words in the singular form shall be
					 deemed to impart the plural and vice versa, as the case may demand:
(a) "Breeding pig" means any female pig of
				  the porcine species kept for the purpose of commercial breeding who is six (6)
				  months of age or older, or pregnant.
(b) "Individual treatment" for purposes of
				  section
				  25992
				  of the Health and Safety Code, and this Chapter, means any protocol, practice,
				  procedure, or application of care concerned with the diagnosis, treatment,
				  mitigation, or prevention of animal disease, injury or harm that is
				  administered by, or conducted under the order or recommendation of, a licensed
				  veterinarian as part of a veterinarian-client-patient relationship as defined
				  in section
				  530.3(i) of Title
				  21 of the Code of Federal Regulations (April 2021), hereby incorporated by
				  reference.
(c) "Medical research"
				  for purposes of section
				  25992
				  of the Health and Safety Code, and this Chapter, means any basic and applied
				  research that relates or contributes to the scientific understanding,
				  promotion, or protection of human or animal health, fitness, function,
				  performance, welfare or care, and that is conducted under the review of an
				  Institutional Animal Care and Use Committee operating in accordance with
				  section 2.31 of Title 9 of the Code of
				  Federal Regulations (January 2021), hereby incorporated by reference, or is
				  conducted at a facility that holds a valid accreditation by the American
				  Association for Accreditation of Laboratory Animal Care.
1. New
					 article 4 (sections
					 1324-1324.1) and section filed
					 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990,
						25991
						and
						25992,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 4 - Exceptions › Section 1324.1 - Confinement Standards Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Act and this Chapter shall not apply:
(1)
				  During medical research;
(2) During
				  examination, testing, individual treatment, or operation for veterinary
				  purposes;
(3) During
				  transportation;
(4) During rodeo
				  exhibitions, state or county fair exhibitions, 4-H programs, and similar
				  exhibitions;
(5) During slaughter
				  when performed in accordance with the provisions of Chapter 6 (commencing with
				  Section 19501) of Part 3 of Division 9 of
				  the Food and Agricultural Code, relating to humane methods of slaughter, and
				  other applicable laws and regulations;
(6) To a breeding pig during the five-day
				  period prior to the breeding pig's expected date of giving birth, and any day
				  that the breeding pig is nursing piglets; or
(7) During temporary periods for animal
				  husbandry purposes for no more than six hours in any 24-hour period, and no
				  more than 24 hours total in any 30-day period.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the following
					 definitions apply to this Article and words in the singular form shall be
					 deemed to impart the plural and vice versa, as the case may demand:
(a) "Accreditation or accredit" means a
				  determination made by the Department that authorizes a private entity to
				  conduct certification activities as a certifying agent under this
				  Chapter.
(b) "Act" means the Farm
				  Animal Cruelty statute, as amended (Chapter 13.8 (commencing with section
				  25990) of Division 20 of the Health
				  and Safety Code).
(c) "Area of
				  operation" means the facilities and records for covered animal production or
				  covered product distribution operations, including calves and whole veal meat,
				  breeding pigs and whole pork meat, egg-laying hens and shell eggs or liquid
				  eggs, or any combination thereof that a certifying agent may certify under this
				  Chapter.
(d) "Certification or
				  certify" means a determination made by a certifying agent that a production or
				  distribution operation is in compliance with the Act and this Chapter, which is
				  documented by a certificate of California farm animal confinement
				  compliance.
(e) "Certified
				  operation" means a production or distribution operation, or portion of such
				  operation, that is certified by a certifying agent as utilizing a system of
				  animal confinement or distribution as described by the Act and this
				  Chapter.
(f) "Certifying agent"
				  means any private entity accredited by the Department as a third-party
				  certifying agent for the purpose of certifying a production or distribution
				  operation as a certified operation, the Department, or any government entity
				  that the Department recognizes as providing functionally equivalent
				  certification services to the requirements of this Chapter.
(g) "Certifying agent's operation" means all
				  sites, facilities, personnel, and records used by an accredited private
				  certifying agent to conduct certification activities under the regulations in
				  this Chapter.
(h) "Covered animal"
				  means all of the following animals when kept on a farm pursuant to sections
				  25991(f) and
				  (i) of the Health and Safety Code for
				  purposes of producing covered products:
(1)
				  Breeding pig as defined in section
				  25991(a)
				  of the Health and Safety Code and section
				  1322(c) of this
				  Chapter;
(2) Calf as defined in
				  section
				  25991(d)
				  of the Health and Safety Code and section
				  1321(c) of this
				  Chapter; and
(3) Egg-laying hen as
				  defined in section
				  25991(g)
				  of the Health and Safety Code and section
				  1320(l) of this
				  Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.1 - General Requirements for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  person seeking to receive or maintain certification under this Chapter must:
(1) Comply with the Act and applicable
				  regulations of this Chapter;
(2)
				  Allow on-site inspections by the certifying agent, and/or authorized
				  representatives of the Department, with access to the production and/or
				  distribution operation, and offices as provided for in sections
				  1326.2 and
				  1326.5 of this Article;
(3) If a producer, allow access by the
				  certifying agent, and/or authorized representatives of the Department, to
				  pastures, fields, structures, and houses where covered animals and covered
				  animal products may be kept, produced, processed, handled, stored or
				  transported, including the inspection of all enclosures for covered
				  animals;
(4) If a distributor,
				  allow access by the certifying agent, and/or authorized representatives of the
				  Department, to examine all covered products that are sold or intended, held,
				  segregated, stored, packaged, labeled, or represented for sale or distribution
				  in California;
(5) Allow access by
				  the certifying agent, and/or authorized representatives of the Department, to
				  containers, labels, labeling, invoices, documents of title, and bills of lading
				  used in the handling, storage, packaging, sale, transportation, or distribution
				  of covered products in California;
(6) Allow access by the certifying agent,
				  and/or authorized representatives of the Department, during normal business
				  hours for review and copying of records required by section
				  1326.2 of this Article;
				  and
(7) Immediately notify the
				  certifying agent concerning any change in a certified operation or any portion
				  of a certified operation that may affect its compliance with the Act and this
				  Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.2 - Recordkeeping by Certified Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  order to receive and maintain certification, a certified operation must
				  maintain records concerning the production and distribution of covered animals
				  and/or covered products.
(b) Such
				  records must:
(1) Be maintained by a producer
				  in sufficient detail to document that covered animals were confined in
				  compliance with sections
				  25991
				  and
				  25992
				  of the Health and Safety Code and the requirements of this Chapter;
(2) Be maintained by a distributor in
				  sufficient detail to document the identification, source, supplier, transfer of
				  ownership, transportation, storage, segregation, handling, packaging,
				  distribution, and sale of covered products that were derived from animals
				  confined in compliance with sections
				  25991
				  and
				  25992
				  of the Health and Safety Code and this Chapter;
(3) Be maintained for not less than two (2)
				  years beyond their creation;
(4)
				  Include records of all covered animal and/or covered product transactions for
				  the preceding two-year period. The records must indicate the date, quantity,
				  identity of the buyer and seller, and the address where physical possession of
				  covered product took place for each transaction;
(5) Include documentation and records for the
				  preceding two-year period pertaining to the production, processing, handling,
				  packaging, storage, transportation, or sale of covered animals or covered
				  products sold, intended for sale in California or identified or represented as
				  compliant with the confinement requirements of the Act and this
				  Chapter;
(6) Include documentation
				  of the size of the certified operation, the quantity of covered animals and/or
				  covered products produced or processed from each facility or farm unit in the
				  certified operation, the number of covered animal enclosures for each facility
				  or farm unit, the size of each enclosure, the number of covered animals housed
				  in each enclosure, and the dates of stocking, harvest and production;
(7) If the facility is a split operation,
				  include documentation sufficient to demonstrate the identification,
				  segregation, distribution, and handling of covered animals and/or covered
				  products to prevent commingling with any animals or products that do not comply
				  with requirements of the Act; and
(8) Include documentation of registration
				  issued by the Department pursuant to sections
				  1320.2,
				  1321.2, and
				  1322.2 of this Chapter, as
				  applicable to the certified operation.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.3 - Application for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  person seeking certification of a production or distribution operation by a
				  certifying agent under this Article must submit an application for
				  certification that includes all the following information:
(1) The name of the person completing the
				  application; the applicant's business name, physical address, mailing address,
				  and phone number; and, when the applicant is a corporation, the name, address,
				  email, and phone number of the person authorized to act on the applicant's
				  behalf;
(2) The name(s) of any
				  certifying agent(s) to which application has previously been made; the year(s)
				  of application; the outcome of the application(s) submission, including, when
				  available, a copy of any notification of noncompliance, denial or revocation of
				  certification issued to the applicant for certification; and a description of
				  the actions taken by the applicant to correct the noncompliance noted in the
				  notification of noncompliance, including evidence of such correction;
(3) A description of the type and quantity of
				  covered animals and/or covered products to be produced and/or distributed at
				  the facility for which certification is being requested;
(4) A description of the covered animal
				  confinement system to be used at the facility, such as the number of
				  enclosures, size of enclosures and maximum number of covered animals to be
				  housed in each, and additional information as deemed necessary by the
				  certifying agent to determine compliance with the Act and this Chapter;
				  and
(5) A description of the
				  management practices, physical barriers, and standard operating procedures
				  established to prevent commingling of covered animals or covered products if
				  the facility is a split operation.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.4 - Review of Application for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon acceptance of an application for certification, a certifying agent must:
(1) Review the application to ensure
				  completeness pursuant to section
				  1326.3 of this Article;
(2) Determine by a review of the application
				  materials whether the applicant appears to comply or may be able to comply with
				  the applicable requirements of the Act and this Chapter;
(3) Verify that an applicant who previously
				  applied to another certifying agent and received a notification of
				  noncompliance or denial of certification, pursuant to section
				  1326.7 of this Article, has
				  submitted documentation to support the correction of any issues of
				  noncompliance identified in the notification of noncompliance or denial of
				  certification, as required in section
				  1326.7(e) of this
				  Article; and
(4) Schedule an
				  on-site inspection, pursuant to section
				  1326.5 of this Article, of the
				  production or distribution operation to determine whether the applicant
				  qualifies for certification if the review of application materials reveals that
				  the production or distribution operation may be in compliance with the
				  applicable requirements of the Act and this Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.5 - Certification on-Site Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  On-site inspections.
(1) In order to grant
				  certification, a certifying agent must conduct an initial on-site inspection of
				  each production unit, facility, and site that produces or distributes covered
				  animals or covered products that is included in an operation for which
				  certification is requested. An on-site inspection must be conducted at least
				  once every 12 months thereafter for each certified operation that produces or
				  distributes covered animals or covered products for the purpose of determining
				  whether to approve the request for certification or whether certification of
				  the operation should continue.
(2)
				  The Department may require that additional inspections be performed by an
				  accredited certifying agent or the Department for the purpose of determining
				  compliance with the Act and this Chapter. Additional inspections may be
				  announced or unannounced as required by the Department.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.6 - Granting Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After completion of the initial on-site inspection, a certifying agent must
				  review the on-site inspection report, and any additional information requested
				  from or supplied by the applicant. If the certifying agent determines that the
				  confinement or distribution system and all procedures and activities of the
				  applicant's operation are in compliance with the Act and this Chapter, the
				  certifying agent shall grant certification.
(b) When a certifying agent issues a
				  certificate of compliance it shall specify all the following:
(1) Name and address of the certified
				  operation;
(2) Effective date of
				  certification;
(3) Date of most
				  recent on-site inspection;
(4)
				  Categories of operation, including whether the operation is a producer,
				  distributor or both, a split operation, and the species of covered animals
				  and/or types of covered products produced or distributed by the certified
				  operation; and
(5) Name, address,
				  and phone number of the certifying agent.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.7 - Denial of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When the certifying agent, based on a review of the information specified in
				  sections 1326.2,
				  1326.3,
				  1326.4 or
				  1326.5 of this Article, determines
				  that an applicant for certification is not in compliance with the Act and this
				  Chapter, the certifying agent shall provide a written notification of
				  noncompliance to the applicant. When correction of a noncompliance is not
				  possible, a notification of noncompliance and a notice of denial of
				  certification may be combined in one notice. A notification of noncompliance
				  shall provide:
(1) A description of each
				  noncompliance;
(2) The facts upon
				  which the notification of noncompliance is based; and
(3) The date by which the applicant must
				  rebut or correct each noncompliance and submit supporting documentation of each
				  such correction when correction is possible.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.8 - Continuation of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  continue certification, a certified operation must annually submit the
				  following renewal information, as applicable, to the certifying agent:
(1) A summary statement, supported by
				  documentation, detailing any deviations from, or changes to, information
				  submitted on the previous year's application, including but not limited to any
				  additions to or deletions from the information required pursuant to section
				  1326.3 of this Article;
(2) An update on the correction of any
				  noncompliances previously identified by the certifying agent as requiring
				  correction for continued certification; and
(3) Other information as deemed necessary by
				  the certifying agent to determine compliance with the Act and this
				  Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.9 - Areas and Duration of Accreditation as a Certifying Agent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may accredit a qualified domestic or foreign applicant to certify a
				  domestic or foreign production or distribution operation as a certified
				  operation.
(b) Accreditation shall
				  be for a period of five (5) years from the date of approval of accreditation
				  pursuant to section
				  1326.14 of this Article.
(c) In lieu of accreditation under (a) of
				  this section, the Department will accept a foreign certifying agent's
				  accreditation to certify production or distribution operations if the
				  Department determines, upon the request of a foreign government, that the
				  standards under which the foreign government authority accredited the foreign
				  certifying agent are functionally equivalent to the requirements of this
				  Chapter.
(d) Notwithstanding any
				  provision of this Chapter, the Department may, at its discretion, certify a
				  production or distribution operation as a certified operation after determining
				  an operation is in compliance with the provisions of the Act and this
				  Chapter.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990
						and
						25991,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.11 - Applying for Accreditation as a Certifying Agent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  private entity seeking accreditation as a certifying agent under this section
				  must submit an application for accreditation provided by the Department which
				  contains the applicable information and documents set forth in sections
				  1326.12 and
				  1326.13 of this Article.
(b) Following the receipt of the information
				  and documents, the Department will determine, pursuant to sections
				  1326.12 and
				  1326.13 of this Article, whether
				  the applicant for accreditation should be accredited as a certifying
				  agent.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990
						and
						25991,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.12 - Applicant Information for Accreditation as a Certifying Agent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  private entity seeking accreditation as a certifying agent must submit the
				  following information:
(1) The business name,
				  primary office location, mailing address, name of the person(s) responsible for
				  the certifying agent's day-to-day operations, contact numbers (phone,
				  facsimile, email and Internet address) of the applicant, and the entity's
				  federal taxpayer identification number;
(2) The name, office location, mailing
				  address, and contact numbers (phone, facsimile, email and Internet address) for
				  each of its organizational units, such as Chapters or subsidiary offices, and
				  the name of a contact person for each unit;
(3) Each area of operation (calves, breeding
				  pigs, egg-laying hens, or distribution) for which accreditation is requested
				  and the estimated number of each type of operation anticipated to be certified
				  annually by the applicant along with a copy of the applicant's schedule of fees
				  for all services to be provided under these regulations by the
				  applicant;
(4) The type of entity
				  the applicant is (e.g., for-profit business, not-for-profit association) and
				  documentation showing the entity's status and organizational purpose, such as
				  Articles of incorporation and by-laws or ownership or membership provisions,
				  and its date of establishment; and
(5) A list of each state or foreign country
				  in which the applicant has previously conducted certification services and a
				  list of each state or foreign country in which the applicant intends to certify
				  production or distribution operations pursuant to this
				  Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.13 - Evidence of Expertise and Ability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  private entity seeking accreditation as a certifying agent must submit to the
				  Department all of the following documents and information:
(1) Personnel.
(A) The name and position description of
				  personnel in the certifier's operation performing inspections, members of any
				  certification review committees, and inspection contractors.
(B) A description of the qualifications,
				  including experience, training, and education in auditing, inspection, covered
				  animal production and/or covered product distribution, or other relevant areas
				  of work for:
(i) Each inspector to be used by
				  the applicant; and
(ii) Each person
				  to be designated by the applicant to review or evaluate applications for
				  certification.
(C) A
				  description of procedures, practices, and training, including biosecurity
				  training, to ensure that its responsibly connected persons, employees, and
				  contractors with inspection, analysis, auditing and decision-making
				  responsibilities have sufficient expertise to successfully perform the duties
				  assigned and to comply with and implement the requirements of the Act and this
				  Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.14 - Granting Accreditation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Accreditation will be granted when:
(1) The
				  accreditation applicant has submitted the information required by sections
				  1326.12 and
				  1326.13 of this Article;
				  and
(2) The Department determines
				  that the applicant for accreditation meets the requirements for accreditation
				  as stated in section
				  1326.10 of this Article, as
				  determined by a review of the information submitted in accordance with sections
				  1326.12 and
				  1326.13 of this Article and, if
				  necessary, a review of the information obtained from an on-site inspection as
				  provided for in section
				  1326.16 of this
				  Article.