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AB-1870 Organic products.(2021-2022)



Current Version: 08/26/22 - Enrolled

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AB1870:v95#DOCUMENT

Enrolled  August 26, 2022
Passed  IN  Senate  August 23, 2022
Passed  IN  Assembly  August 24, 2022
Amended  IN  Senate  August 11, 2022
Amended  IN  Assembly  May 19, 2022
Amended  IN  Assembly  April 20, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1870

Introduced by Assembly Member Stone
(Coauthor: Assembly Member Levine)
(Coauthor: Senator Laird)

February 08, 2022

An act to amend Sections 110940 and 110958 of the Health and Safety Code, relating to organic products.


LEGISLATIVE COUNSEL'S DIGEST


AB 1870, Stone. Organic products.
Existing law, the California Organic Food and Farming Act, requires the Secretary of Food and Agriculture, county agricultural commissioners, and the Director of the State Department of Public Health to enforce state and federal laws governing the production, labeling, and marketing of organic products, as specified. Existing law requires every person engaged in the state in the processing or handling of specified products for human consumption that are sold as organic to register with the director, as specified.
Existing law authorizes any person to file a complaint with the director concerning suspected noncompliance with those provisions by a person over whom the director has control. Existing law requires the director, to the extent funds are available, to establish a procedure for handling those complaints and commencing and completing an investigation, as specified, and reporting the findings and enforcement action taken, if any, to the complainant within 90 days.
Existing law also requires the director to compile and publish and submit to the California Organic Products Advisory Committee a summary of specified information collected pursuant to the above-described registration form.
The bill would require the director to establish a process for resolving complaints that meets the 90-day timeline and a procedure for clearing complaints that cannot be resolved.
This bill would additionally require the director to compile and publish and submit information on the total amount of fees collected pursuant to the registration requirement, including the costs to administer the program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 110940 of the Health and Safety Code is amended to read:

110940.
 (a) Any person may file a complaint with the director concerning suspected noncompliance with this article by a person over whom the director has responsibility as provided in this article or regulations adopted by the NOP.
(b) The director shall, to the extent funds are available, establish a procedure for handling complaints, including, provision of a written complaint form, and procedures for commencing an investigation within three working days of receiving a written complaint regarding fresh food, and within seven working days for other product, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 90 days thereafter.
(c) The director may establish minimum information requirements to determine the verifiability of a complaint and may provide for rejection of a complaint that does not meet the requirements. The director shall provide written notice of the reasons for rejection to the person filing the complaint.
(d) The director shall establish a process for resolving complaints to meet the 90-day timeframe pursuant to subdivision (b) and shall establish a procedure for clearing complaints that cannot be resolved.
(e) The responsibilities of the director under this section shall be carried out to the extent funds are available.
(f) The complaint process in this state shall also meet all the complaint processes outlined in regulations promulgated by the NOP.

SEC. 2.

 Section 110958 of the Health and Safety Code is amended to read:

110958.
 Annually, the director shall compile and publish and submit to the California Organic Products Advisory Committee a summary of information collected under Section 110875, including, but not limited to, the following:
(a) The total number of registrations received under this section.
(b) The total number and quantity of each type of product sold as organic by all registrants combined.
(c) The total annual organic gross sales volume or revenue of all registrants combined, and the median gross annual organic sales or revenue of all registrants.
(d) The names of all registrants.
(e) (1) The total amount of fees collected pursuant to subdivision (d) of Section 110875 and program expenditures.
(2) Reporting pursuant to paragraph (1) shall include department costs to administer the program.
(f) The number of registrants in each of the following ranges of annual gross sales volume:
(1) $0–$5,000
(2) $5,001–$25,000
(3) $25,001–$50,000
(4) $50,001–$125,000
(5) $125,001–$250,000
(6) $250,001–$500,000
(7) $500,001–$750,000
(8) $750,001–$1,000,000
(9) $1,000,001–$1,500,000
(10) $1,500,001–$2,500,000
(11) $2,500,001–$10,000,000
(12) $10,000,001–$30,000,000
(13) $30,000,001 and above.
(g) The report published pursuant to this section shall present the required information in an aggregate form that preserves the confidentiality of the proprietary information of individual registrants.