Bill Text: CA AB1909 | 2013-2014 | Regular Session | Introduced
Bill Title: Food and agriculture: organic foods: registration.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-02-20 - From printer. May be heard in committee March 22. [AB1909 Detail]
Download: California-2013-AB1909-Introduced.html
BILL NUMBER: AB 1909 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Yamada
FEBRUARY 19, 2014
An act to amend Section 46013.1 of the Food and Agricultural Code,
relating to food and agriculture.
LEGISLATIVE COUNSEL'S DIGEST
AB 1909, as introduced, Yamada. Food and agriculture: organic
foods: registration.
Existing law requires every person engaged in this state in the
production or handling of raw agricultural products sold as organic,
retailers that are engaged in the production of products sold as
organic, and retailers that are engaged in the processing, as
defined, of products sold as organic, to register with the
agricultural commissioner in the county of principal operation prior
to the first sale of the product. Existing law requires all
processors of specified organic agriculturally derived products that
are not required to be registered with State Public Health Officer,
to register with the Secretary of Agriculture.
This bill would make nonsubstantive changes in those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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,
and 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 agricultural commissioner in the
county of principal operation prior to 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) must
shall register with the secretary. Each registrant
must shall annually renew the
registration 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 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.
(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 and the names and registration numbers of those persons for
whom they sell product as applicable.
(2) (A) For producers, a detailed physical description of the
precise location and dimensions of the facility or farm where the
products are 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.
(f) A registration form shall be accompanied by payment of a
nonrefundable registration fee by producers, handlers, and
processors, which shall be based on 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. 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 - 25,000 $ 75
$ 25,001 - 50,000 $ 100
$ 50,001 - 100,000 $ 175
$ 100,001 - 250,000 $ 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.
(3) Producers that sell processed product shall pay fees based on
the value of raw product prior to before
being processed and the value of any product sold as
unprocessed.
(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.
(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.
(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.
(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 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.
(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.
