reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 5 - Emergency Standards for Quality and Appeals [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 5 (Sections
					 1385-1385.13) filed 1-21-75;
					 effective thirtieth day thereafter (Register 75, No. 4).
2. Repealer
					 of Article 5 (Sections
					 1385,
					 1385.1-1385.13) filed 4-16-85;
					 effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						407
						and
						42684,
						Food and Agricultural Code. Reference: Section
						42941,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390 - Intrastate Exemptions for Fruits, Nuts, and Vegetables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided in Sections
						1400.12,
						1430.1,
						1434,
						1434.2 and
						1466.7, fruits, nuts, and
						vegetables which are specified in this group, if they are not wrapped or
						packed, are exempt from the standards which are established in this group when
						being transported or delivered to the destinations and for the purposes herein
						set forth, or when prepared, loaded, shipped, or sold under any of the
						following conditions:
(a) from a
					 packing plant which does not have proper or adequate facilities for processing,
					 grading, packing, or reconditioning to another packing plant within the state
					 which has such facilities;
(b) to a
					 by-product plant within the state for commercial processing, preserving, or
					 manufacturing of by-products for resale;
(c) to a feedyard within the state for
					 livestock feeding purposes;
(d) to
					 a dumping ground or waste disposal plant within the state for
					 disposal;
(e) from the orchard or
					 field where they were produced to a packing plant within the state for first
					 processing, grading, or packing; or
(f) to a charitable organization within the
					 state to be used for charitable purposes.
1. New
						Article 6 (Sections
						1390-1390.13) filed 1-21-75;
						effective thirtieth day thereafter (Register 75, No. 4).
2.
						Amendment filed 10-8-76; effective thirtieth day thereafter (Register 76, No.
						41).
3. Amendment filed 8-23-83; effective thirtieth day thereafter
						(Register 83, No. 35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.1 - Permits for Exempt Fruits, Nuts, or Vegetables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided in Section
						1390.2 or
						1390.3, any commissioner may issue
						a permit to any person who resides or maintains a principal place of business
						in the county to sell, buy, receive, transport, deliver, or cause to be
						transported any fruits, nuts, or vegetables which are exempt from the standards
						established in this group for any one or more of the purposes which are
						prescribed in Section
						1390.
1.
						Amendment filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.2 - Permit Not Authorized

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No permit issued pursuant to Section
						1390.1 shall authorize any person
						to sell, buy, receive, transport, deliver, or cause to be transported fruits,
						nuts, or vegetables which are in conflict with orders or regulations which are
						issued by the director pursuant to the California Marketing Act of 1937,
						Chapter 1 (commencing with Section
						58601), Part 2, Division 21 of the
						Food and Agricultural Code, or a marketing program issued pursuant to the
						Agricultural Producers Marketing Law, Chapter 2 (commencing with Section
						59501), Part 2, Division 21 of the
						Food and Agricultural Code.
1.
						Amendment filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.3 - Permit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 permit shall not be issued for the purpose set forth in Section
					 1390(a) until the
					 commissioner has determined both that:
(1) The
					 packing plant from which the commodity is transported or delivered does not
					 have proper and adequate facilities for processing, grading, packing, or
					 reconditioning the particular lot; and
(2) the packing plant to which the commodity
					 is to be transported has such facilities.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.4 - Permit Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits may be issued for a period not exceeding 36
						months.
1.
						Editorial correction adding NOTE filed 8-23-83 (Register 83, No. 35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.5 - Permit Validity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A permit which is issued pursuant to Section
						1390.1 is only valid in the county
						where it is issued unless the permit has been approved in writing by the
						agricultural commissioners of both the county of origin and of
						destination.
1.
						Amendment filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  4262
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.6 - Permittee Affidavits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A permittee shall, upon request of any commissioner,
						furnish such affidavits, receipts and other evidence as is necessary to prove
						that the commodities have been disposed of in accordance with the terms of the
						permit issued pursuant to Section
						1390.1.
1.
						Amendment filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.7 - Permit Refused

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any commissioner may refuse to issue or to endorse a
						permit, or may revoke or suspend any permit or endorsement which is issued by
						him, if after investigation and in his judgment the permittee or applicant for
						permit comes within any of the following classes:
(a) Does not have available proper and
					 adequate facilities with which to pack, process, or otherwise dispose of the
					 commodities which are described in Article 6 (commencing with Section
					 1390) of this article in accordance
					 with the provisions of this group.
(b) Has previously violated any of the
					 provisions of this group or the terms of any permit which is issued pursuant to
					 this article.
(c) Has failed or
					 refused to furnish the evidence required by the commissioner.
1.
						Editorial correction adding NOTE filed 8-23-83 (Register 83, No. 35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.8 - Permit Refusal in Writing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any order of the commissioner refusing to endorse or
						issue a permit, or suspending or revoking a permit, shall be in writing.
1.
						Editorial correction adding NOTE filed 8-23-83 (Register 83, No. 35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.9 - Permit Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 person may appeal to the director, within 10 days, for a hearing upon a written
					 order of the commissioner refusing to endorse or issue a permit, or suspending
					 or revoking a permit.
(b) The
					 proceedings for such hearing shall be conducted in accordance with Chapter 5
					 (commencing with Section
					 11500) Part 1, Division 3, Title 2
					 of the Government Code. However, the provisions of Sections
					 11505 and
					 11506 of such code shall not apply
					 and the statement of issues or accusation, as the case may be, shall be
					 delivered or mailed to the parties as provided in Section
					 11509 of such code.
1.
						Amendment filed 10-8-76; effective thirtieth day thereafter (Register 76, No.
						41).
2. Editorial correction adding NOTE filed 8-23-83 (Register 83,
						No. 35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.10 - Permittee Operation Pending Disposition of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article does not allow a permittee or applicant to
						operate pending the disposition of his application or petition.
1.
						Editorial correction adding NOTE filed 8-23-83 (Register 83, No. 35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.11 - Permit Suspended or Revoked

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article does not prevent the commissioner from
						suspending or evoking a permit forthwith, and without notice or hearing. Such
						peremptory action shall, however, be supported by previous investigation, the
						results of which reasonably indicate to the commissioner that to allow an
						existing permit to remain in use pending a hearing would encourage, allow, or
						permit additional or other violations of any provision of this group.
1.
						Editorial correction adding NOTE filed 8-23-83 (Register 83, No. 35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.12 - Permit Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A permit shall be submitted for inspection upon demand of
						any enforcing officer.
1.
						Editorial correction adding NOTE filed 8-23-83 (Register 83, No. 35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.13 - Permit Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every person who sells, delivers, or receives any fruits,
						nuts, or vegetables which do not conform to the standards prescribed by this
						group shall keep an accurate record of all such transactions in such form as
						the commissioner shall require. All such records shall be kept for at least one
						year and shall be delivered to the commissioner for inspection on demand at any
						time within that period.
1.
						Amendment filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.14 - Exemptions for Out-of-State Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person, under a permit issued pursuant to Section
						1390.15, may transport out of state
						any commodity that fails to comply with the quality, packing, container, or
						marking requirements of this group, except as provided in Sections
						1430,
						1434,
						1434.2,
						1436,
						1438.33, and
						1466.1. Such commodity shall be
						used for commercial processing, preserving, or manufacturing on the purchaser's
						premises. The requirements are:
(a)
					 the permit shall be issued for and accompany each load or lot which is
					 transported; and
(b) the commodity
					 shall be loose in containers holding 200 pounds or more or in bulk.
1. New
						section filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.15 - Out-of-State Permit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided in Section
						1390.17, a permit may be issued by
						the enforcing officer if there is satisfactory verification by a like official
						in the state of destination that the produce is to be transported to a
						purchaser for commercial processing, preserving, or manufacturing on the
						premises of the purchaser.
1. New
						section filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.16 - Proof of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The permittee shall, upon request of the enforcing
						officer, furnish such affidavits, receipts, and other evidence as is necessary
						to prove that the commodities have been disposed of in accordance with the
						terms of the permit issued pursuant to Section
						1390.15.
1. New
						section filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6 - Exempt Fruits, Nuts and Vegetables › Section 1390.17 - Permit Not Authorized

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No permit issued pursuant to Section
						1390.15 shall authorize any person
						to sell, buy, receive, transport, deliver, or cause to be transported fruits,
						nuts, or vegetables which are in conflict with orders or regulations which are
						issued by the director pursuant to the California Marketing Act of 1937,
						Chapter 1 (commencing with Section
						58601), Part 2, Division 21 of the
						Food and Agricultural Code, or a marketing program issued pursuant to the
						Agricultural Producers Marketing Law, Chapter 2 (commencing with Section
						59501), Part 2, Division 21 of the
						Food and Agricultural Code.
1. New
						section filed 8-23-83; effective thirtieth day thereafter (Register 83, No.
						35).
Note: Authority cited: Sections
						  407,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.1 - State Organic Program › Section 1391 - Intent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The intent of this article is to facilitate the sale of
						organic products within the State of California, support organic agriculture
						through outreach and education while maintaining sufficient regulatory control,
						by means of spot inspections, investigations, and sampling, to determine
						compliance with the provisions of the California Organic Food and Farming Act,
						federal Organic Foods Production Act of 1990, National Organic Program
						regulations, and state regulations.
1. New
						article 6.1 (sections
						1391-1391.1) and section filed
						9-10-2007; section operative upon approval by the Secretary of the U.S.
						Department of Agriculture (Register 2007, No. 37).
2. Change without
						regulatory effect amending section, and attaching letter by the Secretary of
						the U.S. Department of Agriculture approving the State Organic Program appeal
						procedures effective 11-5-2007, filed 1-24-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 4).
3. Amendment of article heading,
						renumbering of former section
						1391 to new section
						1391.5 and new section
						1391 filed 10-6-2010; operative
						11-5-2010 (Register 2010, No. 41).
4. Amendment filed 12-12-2017;
						operative 4-1-2018 (Register 2017, No. 50).
Note: Authority cited: Sections
						  407,
						  46000,
						  46001,
						  46002,
						  46016.1
						  and
						  46018.1,
						  Food and Agricultural Code. Reference: Section
						  401,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.1 - State Organic Program › Section 1391.1 - Organic Inspection and Sampling Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 agricultural products and ingredients that are produced, processed, stored,
					 sold, labeled, or represented as "100 percent organic," "organic," or "made
					 with organic (specified ingredients or food groups)" shall be made accessible
					 by production or handling operations for examination by the state, county
					 agricultural commissioner, or the operation's accredited certifying
					 agent.
(b) The state, county
					 agricultural commissioner, or the operation's accredited certifying agent may
					 require preharvest or postharvest testing of any agricultural product,
					 ingredient, or input to be sold, labeled, or represented as "100 percent
					 organic," "organic," or "made with organic (specified ingredients or food
					 groups)." Sampling for analysis shall be conducted by the state, county
					 agricultural commissioner, or the operation's accredited certifying
					 agent.
(c) The state, county
					 agricultural commissioner, or the operation's accredited certifying agent may
					 enter, inspect, and sample any of the following or related areas and items to
					 determine compliance with the provisions of the the California Organic Food and
					 Farming Act, federal Organic Foods Production Act of 1990, National Organic
					 Program regulations, and state regulations:
(1) Fields, areas, structures, and
					 greenhouses where products or inputs may be produced, processed, handled, or
					 stored.
(2) Equipment, including
					 protective clothing and equipment, used to store, produce, process, transport,
					 or handle commodities.
(3) Dressing
					 areas and other facilities used by employees.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.1 - State Organic Program › Section 1391.2 - Sample Collection for Laboratory Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 samples for laboratory testing shall be collected by the state, county
					 agricultural commissioner, or the operation's accredited certifying agent for
					 the purpose of testing under this article.
(b) The state may determine which samples
					 shall be collected, including, but not limited to the type, amount, size, or
					 volume.
(c) A duplication of each
					 sample may be taken.
(d) Each
					 sample collected shall include an identifying number, the date and time
					 collected, the name of the individual collecting the sample, the address where
					 collected, a detailed description of the product, its location on the premises,
					 and any other identifying information determined to be necessary.
(e) Individual samples shall be enclosed in
					 containers appropriate for the type of sample collected utilizing methods that
					 prevent direct contact with contaminants.
1. New
						section filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41).
Note: Authority cited: Sections
						  407,
						  46000,
						  46001
						  and
						  46002,
						  Food and Agricultural Code. Reference: Section
						  401,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.1 - State Organic Program › Section 1391.3 - Complaint Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 person may file a complaint with the Department concerning suspected
					 noncompliance with the California Organic Food and Farming Act, National
					 Organic Program regulations, or the federal Organic Foods Production Act of
					 1990.
(b) The Department shall
					 commence a complaint investigation within three working days after receiving a
					 complaint regarding fresh food, and within seven working days for other
					 products. Upon conclusion of a complaint investigation, the Department shall
					 provide a report of findings and enforcement action taken, if any, to the
					 complainant within 60 days, if the complainant makes his or her identity
					 available.
(c) The Department may
					 refer cases to the National Organic Program under these or other conditions:
(1) Inability to resolve a case.
(2) Lack of expertise to resolve a
					 case.
(3) Lack of resources or
					 authority to pursue a civil action.
(4) If the case concerns issues outside the
					 Department's jurisdiction.
(5)
					 Inputs not currently addressed by California state law.
(6) Issues involving National Organic Program
					 policy issues.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.1 - State Organic Program › Section 1391.4 - Amended Registrations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A registrant shall notify the Department of any change in
						the information reported on the registration form within 14 days or prior to
						the sale of additional product and shall pay any additional fee owed if that
						change results in a higher fee owed than previously paid.
1. New
						section filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41).
Note: Authority cited: Sections
						  407,
						  46000,
						  46001
						  and
						  46002,
						  Food and Agricultural Code. Reference: Sections
						  401
						  and
						  46013.2(c),
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.1 - State Organic Program › Section 1391.5 - Appeal of Denial, Suspension or Revocation of Organic Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 certification agent or the Secretary may propose denial, suspension or
					 revocation of the organic certification of agricultural production and handling
					 operations consistent with the provisions of Title 7, Code of Federal
					 Regulations, Section
					 205.662.
(b) An applicant for certification may appeal
					 a certification agent's or Secretary's notice of denial of certification, and a
					 certified operation may appeal a certification agent's or Secretary's
					 notification of the proposed suspension or revocation, to the Secretary
					 consistent with the provisions of Title 7, Code of Federal Regulations, Section
					 205.681.
(c) Upon receipt of the appeal, the Secretary
					 will evaluate the proposal of the certification agent or Secretary to deny,
					 suspend or revoke a certification in order to determine if there is sufficient
					 evidence to proceed to initiate formal administrative action to do so.
(1) A decision by the Secretary to decline to
					 initiate a formal administrative proceeding shall be deemed a granting of the
					 appeal, and the Secretary shall communicate the decision in writing to the
					 appellant and the certification agent.
(2) A decision by the Secretary to proceed to
					 initiate a formal administrative proceeding shall be deemed a denial of the
					 appeal, and the service of the accusation shall be construed as the
					 communication of the denial to the appellant and the certification
					 agent.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.1 - State Organic Program › Section 1391.6 - Mediation of Denial, Suspension or Revocation of Organic Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 a certification agent proposes the denial, suspension or revocation of the
					 organic certification of an agricultural production or handling operation,
					 pursuant to 1391.5(a), they may voluntarily participate in mediation prior to
					 the filing of a formal administrative proceeding by the Secretary. If they
					 enter into mediation after the filing of an appeal with the Secretary, but
					 before the commencement of a formal administrative proceeding, pursuant to
					 1391.5(c), they shall inform the Secretary of their decision to do so. Upon the
					 conclusion of a mediation session, they have 30 days to reach a settlement
					 agreement. Mediation process must be consistent with Title 7, Code of Federal
					 Regulations, Section
					 205.663.
(1) Any settlement agreement shall be in
					 compliance with the requirements of the State Organic Program.
(2) The parties shall submit any proposed
					 settlement agreement to the Secretary for review.
(3) Upon receipt, the Secretary shall review
					 proposed settlements for conformity with the requirements of the State Organic
					 Program, and reject any agreement or provision that does not comply with the
					 requirements of the Program. If the Secretary rejects a provision or provisions
					 of the proposed settlement, the parties must affirmatively agree to accept the
					 settlement in the form as approved by the Secretary.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.1 - State Organic Program › Section 1391.7 - Registration Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 the purposes of registration, organic products shall be reported in accordance
					 with the following specified categories:
(1)
					 Citrus.
(2) Fruits, excluding
					 citrus.
(A) Strawberries (Fresh
					 Market)
(B) All other
					 berries
(C) Pome fruit
(D) Stone fruit
(E) Grapes, Table
(F) Grapes, Wine
(G) Grapes dried, Raisins
(H) All other fruits
(3) Livestock or dairy.
(A) Fluid Milk, Cow
(B) All Other Dairy and Dairy
					 Products
(C) Cattle, Beef
(D) Chicken, Broilers
(E) Chicken, Layers
(F) All Other Poultry/Livestock and
					 Products
(4) Nuts.
(A) Almonds
(B) All Other Nut Crops
(5) Vegetables.
(A) Lettuce (Head, Leaf, Spring/Salad
					 Mixes)
(B) Broccoli
(C) Carrots
(D) Spinach (Fresh and Processed)
(E) Celery/Celeriac
(F) Tomatoes
(G) All Other Vegeables
(6) Other, which includes, but is not limited
					 to, apiculture, organic fallow ground, herbs, mushrooms, cut flowers, and
					 nursery.
(A) Propagation
(B) Seed Crops
(C) All Other Field Crops (Includes Pasture
					 and Rangeland)
(D) All Other Not
					 Previously Reported or Listed
(E)
					 Fallow
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392 - Intent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the intent of this article to encourage productive
						and profitable agriculture in California, as directed by state agricultural
						policy (California Food and Agricultural Code, Division 1, Chapter 6, Article
						2, Section 821), by facilitating the sale of
						agricultural products from producers and certified producers within the state
						directly to the public or to individuals, organizations, or entities that
						subsequently sell or distribute the products directly to end users, while
						maintaining sufficient regulatory control to ensure that the agricultural
						products are of acceptable quality and that the selling activities are
						conducted honestly and fairly.
1. New
						article 6.5 (sections
						1392-1392.11) filed 3-31-77;
						effective thirtieth day thereafter (Register 77, No. 14).
2.
						Amendment filed 3-30-79; effective thirtieth day thereafter (Register 79, No.
						13).
3. Amendment of section filed 7-26-91; operative 7-26-91
						pursuant to Government Code section
						11346.2(d)
						(Register 91, No. 47).
4. Amendment of section and NOTE filed
						8-18-2011; operative 9-17-2011 (Register 2011, No. 33).
5. Amendment
						of section and NOTE filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37).
						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-66-20.
6. Editorial
						correction of HISTORY 5 (Register 2020, No. 43).
Note: Authority cited: Sections
						  14,
						  407,
						  42682,
						  42684,
						  47001,
						  47002,
						  47003,
						  47004,
						  47005,
						  47005.1,
						  47005.2,
						  47005.3
						  and
						  47020,
						  Food and Agricultural Code. Reference: Sections
						  821,
						  42941,
						  47000,
						  47000.5
						  and
						  47021,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.1 - Direct Marketing Authorized

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Notwithstanding other provisions of this Chapter, this article authorizes
					 producers or certified producers of certified or noncertifiable agricultural
					 products to sell their products, as defined in this article, directly to the
					 public or to individuals, organizations, or entities that subsequently sell or
					 distribute the products directly to end users, subject to the provisions of
					 this article.
(b) Fresh fruits,
					 nuts, and vegetables may be sold directly to the public or to individuals,
					 organizations, or entities that subsequently sell or distribute the products
					 directly to end users, exempt from size, standard pack, container, and labeling
					 requirements only by:
(1) The certified
					 producer of the agricultural products, or the authorized representative of the
					 certified producer, at a vendor stand at a certified farmers' market;
					 or
(2) The certified producer of
					 the agricultural products at an outlet or location; or
(3) The producer of the agricultural products
					 at a field retail stand, or farm stand located at or near the point of
					 production.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the following
						definitions govern the construction of the language in this article.
(a) Certified Farmers' Market. A location
					 approved by the county agricultural commissioner of that county where
					 agricultural products are sold by producers or certified producers directly to
					 the public or to individuals, organizations, or entities that subsequently sell
					 or distribute the products directly to end users. A certified farmers' market
					 may only be operated by one or more certified producers, by a nonprofit
					 organization, or by a local government agency.
(b) Certified Farmers' Market Certificate. A
					 certificate issued by the county agricultural commissioner authorizing the
					 location, months of operation, day(s) of the week, and hours of operation where
					 agricultural products are sold by the producers or certified producers directly
					 to the public, or to individuals, organizations, or entities that subsequently
					 sell or distribute the products directly to end users. The certificate is valid
					 only when bearing the original signatures of the county agricultural
					 commissioner and the authorized representative of the certified farmers' market
					 and only for the location, months of operation, day(s) of the week, and hours
					 of operation as specified on the certificate. Upon receipt of a certified
					 farmers' market certificate, an operator shall assume and retain responsibility
					 for all aspects of the operation of a certified farmers' market at the location
					 specified; including, but not limited to legal, financial, and regulatory
					 compliance requirements.
(c) Land
					 Which the Producer or Certified Producer Controls. Land that the producer or
					 certified producer farms and owns, rents, leases, or sharecrops:
(1) Prior to planting of annual and biannual
					 crops; and
(2) Prior to or within
					 30 days after preparing perennial field crops for the subsequent cropping
					 pattern (e.g., prior to the fern stage of asparagus or prior to cut back of
					 artichokes); and
(3) Prior to bloom
					 of tree and vine crops.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.3 - Where Direct Marketing Permitted. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-26-91; operative 7-26-91 pursuant to Government Code section
						11346.2(d)
						(Register 91, No. 47).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.4 - Conditions of Direct Marketing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as provided in subsection (e) below, a producer or certified producer
					 may sell or offer to sell, at a certified farmers' market, a field retail
					 stand, a farm stand at or near the point of production, or an outlet or
					 location, only agricultural products which he or she produced to the public or
					 to individuals, organizations, or entities that subsequently sell or distribute
					 the products directly to end users. To sell certifiable agricultural products
					 at a certified farmers' market or an outlet or location, a producer shall
					 obtain a certified producer's certificate from the county agricultural
					 commissioner where the commodities are produced.
(1) The authorized representative(s) of the
					 certified producer shall only sell the certified producer's agricultural
					 products at a certified farmers' market.
(2) The certified producer is responsible for
					 the actions of the authorized representative(s) of the certified producer and
					 any violations and associated penalties and/or suspensions that stem from the
					 actions of the authorized representative(s) of the certified producer, while
					 selling on behalf of the certified producer at a certified farmers'
					 market.
(3) All certifiable
					 agricultural products that are sold at a certified farmers' market, or an
					 outlet or location, must be produced by the certified producer.
(4) All certifiable agricultural products
					 that are sold at a certified farmers' market, or an outlet or location, must be
					 listed on the certified producer's certified producer's certificate.
(5) All noncertifiable agricultural products,
					 that are sold in the defined marketing area where only agricultural products
					 may be sold, must be produced by the producer, aside from exceptions listed in
					 subsection 1392.2(w).
(6) The sale of nonagricultural products
					 shall not be permitted in the defined marketing area where only agricultural
					 products may be sold at a certified farmers' market.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.4.1 - Administrative Civil Penalties for Direct Marketing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-18-2011; operative 9-17-2011 (Register 2011, No.
						33).
2. Repealer filed 9-8-2020; operative 1-1-2021 (Register 2020,
						No. 37). 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-66-20.
3. Editorial
						correction of HISTORY 2 (Register 2020, No. 43).
Note: Authority cited: Sections
						  407
						  and
						  47001,
						  Food and Agricultural Code. Reference: Sections
						  42651,
						  43003
						  and
						  47025,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.5 - Producer Certification Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 producer may become certified by applying to the county agricultural
					 commissioner of the county where the producer's farm is located. Upon approval
					 of a certified producer's certificate, issued by the county agricultural
					 commissioner of the county where the producer's farm is located, a producer
					 automatically becomes registered with the California Department of Food and
					 Agriculture. A producer who farms in more than one county must be certified in
					 each county where he/she produces certifiable agricultural products for sale at
					 a certified farmers' market, or an outlet or location.
(1) Any revocation or suspension of a
					 certified producer's certificate by the county agricultural commissioner or
					 secretary, pursuant to Food and Agricultural Code section
					 47025, shall cause the concurrent
					 revocation or suspension of the certified producer's registration with the
					 California Department of Food and Agriculture.
(2) Certified producers shall notify the
					 county agricultural commissioner within 30 days of any change of business
					 address to update their certified producer's certificate.
(3) Certified producers shall provide the
					 county agricultural commissioner with a list of all authorized representatives
					 who are authorized to sell on their behalf.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.6 - Certification Requirements of a Certified Farmers' Market

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 county agricultural commissioner may issue a certified farmers' market
					 certificate, which specifies a location where agricultural products may be sold
					 or offered for sale. Upon approval of a certified farmers' market certificate,
					 issued by the county agricultural commissioner, of the county where the
					 certified farmers' market is located, a certified farmers' market automatically
					 becomes registered with the California Department of Food and Agriculture. The
					 certificate shall indicate that the marketplace is a certified farmers' market.
(1) The issuing county agricultural
					 commissioner shall send a photocopy of the original certified farmers' market
					 certificate to the California Department of Food and Agriculture.
(i) The issuing county agricultural
					 commissioner shall provide the California Department of Food and Agriculture
					 with the updated mailing address when reported by the certificate holder,
					 within 10 business days.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.7 - Certificates Issued. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of subsection (a), amendment and renumbering of subsection (b) to
						(c), and new subsections (b) and (d), and NOTE filed 7-26-91; operative 7-26-91
						pursuant to Government Code section
						11346.2(d)
						(Register 91, No. 47).
2. Repealer filed 9-8-2020; operative
						1-1-2021 (Register 2020, No. 37). 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-66-20.
3. Editorial
						correction of HISTORY 2 (Register 2020, No. 43).
Note: Authority cited: Sections
						  14,
						  407,
						  42681,
						  42682,
						  42684,
						  58101.5,
						  58102
						  and
						  58103,
						  Food and Agricultural Code. Reference: Sections
						  42941,
						  58101,
						  58101.5,
						  58102,
						  58103
						  and
						  58104,
						  Food and Agricultural Code.