California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 5 - Certification and Accredited Certifiers › Section 1326.10 - General Requirements for Accredited Certifying Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  order to receive and maintain accreditation, a private entity accredited as a
				  certifying agent under this Chapter must:
(1)
				  Have sufficient expertise in covered animal production and covered product
				  distribution techniques to fully comply with and implement the terms and
				  conditions of the certification program established under this
				  Chapter;
(2) Carry out the
				  provisions of the Act and this Chapter, including the provisions of certifying
				  operations as described in sections
				  1326.3 through
				  1326.8 of this Article;
(3) Use a sufficient number of adequately
				  trained personnel, including inspectors, and certification review personnel, to
				  comply with and implement the certification program established under this
				  Chapter;
(4) Ensure that its
				  responsibly connected persons, employees, and contractors with inspection,
				  analysis, and decision-making responsibilities have sufficient expertise in
				  covered animal production and covered product distribution to successfully
				  perform the duties assigned;
(5)
				  Provide sufficient information to persons seeking certification to enable them
				  to comply with the applicable requirements of the Act and this
				  Chapter;
(6) Maintain all records
				  pursuant to section
				  1326.17(b) of this
				  Article and make all such records available for inspection and copying during
				  normal business hours by authorized representatives of the
				  Department;
(7) Not disclose any
				  information collected pursuant to this Article that was obtained while
				  certifying producers or distributors for compliance with this Chapter to any
				  third-party without approval by the Department. Any request to an accredited
				  certifying agent for records or documents must be submitted to the Department
				  for review and approval pursuant to the California Public Records Act
				  (Government Code section
				  6250 et
				  seq.);
(8) Prevent conflicts of
				  interest by:
(A) Not certifying a production
				  or distribution operation if the certifying agent or a responsibly connected
				  party of such certifying agent has or has held a commercial interest in the
				  production or distribution operation, including an immediate family interest or
				  the provision of consulting services, within the 12-month period prior to the
				  application for certification;
(B)
				  Excluding any person, including contractors, with conflicts of interest from
				  work, discussions, and decisions in all stages of the certification process and
				  the monitoring of certified production or distribution operations for all
				  entities in which such person has or has held a commercial interest, including
				  an immediate family interest or the provision of consulting services, within
				  the 12-month period prior to the application for certification;
(C) Not permitting any employee, inspector,
				  contractor, or other personnel to accept payment, gifts, or favors of any kind,
				  other than prescribed fees, from any business inspected.
(9) Refrain from making false or misleading
				  claims about its accreditation status, the accreditation program for certifying
				  agents, or the nature or qualities of covered products; and
(10) Submit to the Department a copy of:
(A) Within 14 calendar days of creation, any
				  notice of proposed suspension or revocation and notice of suspension or
				  revocation sent pursuant to section
				  1326.20 of this Article;
				  and
(B) Annual report as described
				  in section 1326.17(a) of this
				  Article including the name, address, and phone number of each operation granted
				  initial certification pursuant to section
				  1326.6 of this Article or an
				  updated certification pursuant to section
				  1326.8 of this Article, during the
				  preceding year.