Today's Law As Amended


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AB-1909 Food and agriculture: organic foods: registration.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 46013.1 of the Food and Agricultural Code is amended to read:

46013.1.
 (a) Every person engaged in this state in the production or handling of raw agricultural products sold as organic  organic, retailers that are engaged in the production of products that are sold as organic, and retailers that are engaged in the processing, as defined by the NOP, of products sold as organic,  shall register with the secretary  agricultural commissioner in the county of principal operation  before the first sale of the product. All processors of organic agriculturally derived products that are not required to be registered as outlined in subdivision (b) shall register with the secretary. Each registrant shall annually renew the registration with the secretary  unless no longer engaged in the activities requiring the registration. Each registrant shall provide a complete copy of its registration to the county agricultural commissioner in any county in which the registrant operates. 
(b) Every person engaged in this state in the processing or handling of processed products pursuant to Section 110460 of the Health and Safety Code, and pet food pursuant to Section 18653, and cosmetics pursuant to Section 111795 of the Health and Safety Code, including processors of alcoholic beverages, fish, fish  and seafood, shall register with the State Public Health Officer.
(c) Registration pursuant to this section shall be on a form either provided by the secretary or approved by the secretary and shall be valid for a period of one calendar year from the date of validation by the secretary or county agricultural commissioner  of the completed registration form or for a period determined by the secretary to promote coordination with organic certification applications and renewals, organic certification cost share programs, and other state program registration. form. 
(d) The information provided on the registration form shall include all of the following:
(1) The nature of the registrant’s business, including the categorical products produced, handled, or processed that are sold as organic. For the purposes of registration, organic products shall be reported in accordance with the following specified categories unless the secretary, in consultation with the California Organic Products Advisory Committee, establishes different categories: organic and the names and registration numbers of those persons for whom they sell product as applicable. 
(A) Citrus.
(B) Fruits, excluding citrus.
(C) Livestock or dairy.
(D) Nuts.
(E) Vegetables.
(F) Other, which includes, but is not limited to, apiculture, organic fallow ground, herbs, mushrooms, cut flowers, and nursery.
(2) The (A)   address or assessor’s parcel number For producers, a detailed physical description  of the precise location or locations and dimensions of the facility or farm  where the products are produced, processed, or handled. produced. 
(B) For exempt producers, in addition to the physical description specified in subparagraph (A), a map describing the boundaries and dimensions of the production area and all adjacent land uses, assigning field numbers to distinct fields or management units, and describing the size of each field or management unit.
(C) When the exempt producer or exempt handler has not had control of the property being registered for at least 36 months, documentation shall be provided from previous owners or managers that shows the 36-month land use history. When the exempt producer or exempt handler is not the owner, documentation shall be provided from the owner granting permission for the parcel to be registered as organic by the exempt producer or exempt handler.
(3) Sufficient information, under penalty of perjury, to enable the secretary or county agricultural commissioner  to verify the amount of the registration fee to be paid in accordance with this act.
(4) The names of all certification organizations or governmental entities, if any, providing organic certification to them.
(5) In the case of exempt producers, for each field or management unit, a list of all substances applied to the crop, soil, growing medium, growing area, irrigation water or postharvest wash or rinse water, or seed, including the source of the substance, the brand name, if any, the rate of application, and the total amount applied in each calendar year, for at least the applicable time periods specified in this act.
(e) The registration form shall include a separate “public information sheet” or its equivalent that shall include:
(1) The name and address of the registrant.
(2) The nature of the registrant’s business, including the categorical products produced, handled, or processed that are sold as organic.
(3) The names of all certification organizations or governmental entities, if any, providing certification pursuant to the NOP and this act.
(e) (f)  (1)  A registration form shall be accompanied by payment of a nonrefundable registration fee by producers, handlers, and processors, which shall be based on total  gross sales by the registrant of product sold as organic in the calendar year that precedes the date of registration or, if no sales were made in the preceding year, then based on the expected sales during the 12 calendar months following the date of registration in accordance with the following fee schedule. The secretary, in consultation with the California Organic Products Advisory Committee, may lower the amounts specified in the following fee schedule by regulation. registration. Unless specified elsewhere the fee is based according to the following schedule: 
Gross Sales
Registration Fee
$
0–
4,999
$
25
$
5,000–
10,000
$
50
$
10,001–
50,000 25,000 
$
75
$
25,001–
50,000
$
100
$
50,001–
100,000
$
175
$
50,001 100,001 –
250,000
$
100 300 
$
250,001–
500,000
$
450
$
500,001–
1,000,000
$
750
$
1,000,001–
2,500,000
$
1,000
$
2,500,001–
5,000,000
$
1,500
$
5,000,001–
15,000,000
$
2,000
$
15,000,001–
25,000,000
$
2,500
$
25,000,001–
and above
$
3,000
(1) Any person required to register pursuant to this section whose registration fee would be less than seventy-five dollars ($75) shall pay an initial registration fee of seventy-five dollars ($75). Thereafter, the amount of the annual fee shall be as specified above or, according to the applicable classification, as described in paragraphs (2) to (9), inclusive.
(2) Any person selling a multi-ingredient product in which less than 70 percent of the ingredients are organic shall pay a fee of one hundred dollars ($100) or one-half of the amount that would be due based on the above chart, whichever is more.
(2) (3)  Producers that sell processed product shall pay fees based on the value of raw product before being processed and the value of any product sold as unprocessed.
(3) (4)  Any person that packs, repacks, labels, sorts, or otherwise handles any organic product that is outside the jurisdiction of the State Public Health Officer and that does not take title or manage the sale of the product, but provides only handling services for organic product, shall register and pay one hundred dollars ($100) per year.
(5) Commission merchants or brokers that do not take possession or title of the product but arrange for the sale of the product shall register and pay one hundred dollars ($100) per year.
(6) A retail store engaged in the handling or processing of organic products shall register and pay a fee of one hundred dollars ($100) for each store location that processes organic products onsite.
(4) (7)  Any person that provides temporary storage or transportation for organic product and does not handle the raw unpackaged product does not have to register.
(8) Any person that hires any other person for custom packing or labeling shall register and pay a fee based on the total sales of product custom produced for them as outlined in the chart above. In addition to the required registration information above the person must disclose on the registration form the names of all companies that pack and process for them.
(5) (9)  Any person required to register pursuant to this section that fits the description of more than one of the persons described above shall pay the greater of the multiple amounts.
(6) (10)  The secretary may require any producer, handler, processor, or other organic registrant to provide the exact dollar amount of gross sales of twenty-five million one dollars ($25,000,001) or more in lieu of the range specified in paragraph (1). subdivision (f). 
(11) The secretary may require any producer, handler, processor, or other organic registrant to submit gross sales by commodity and gross sales by acreage.
(f) (g)  The secretary may adopt regulations that supersede the terms of this section to the extent reasonably necessary to provide an online system of registration for those required to register pursuant to this section.
(g) The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal the regulations concerning assessment rates pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:
(1) Indicate that the regulations are being adopted, amended, or repealed pursuant to this chapter.
(2) State that the order is being transmitted for filing.
(3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.