Bill Text: CA SB1117 | 2023-2024 | Regular Session | Introduced
Bill Title: Organic products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-08-08 - Read second time. Ordered to consent calendar. [SB1117 Detail]
Download: California-2023-SB1117-Introduced.html
Introduced by Senator Laird |
February 13, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 46003.2 of the Food and Agricultural Code is amended to read:46003.2.
(a) To the extent that funds are available, the secretary, in consultation with the California Organic Products Advisory Committee, may establish procedures for and conduct all of the following activities:SEC. 2.
Section 46003.5 of the Food and Agricultural Code is repealed.(a)Following the promulgation of the national materials list by the United States Department of Agriculture pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Secs. 6501 to 6522, incl.), the secretary, in consultation with the Organic Food Advisory Board, shall adopt regulations listing specific substances that are in compliance or not in compliance with the definition of “prohibited materials,” as defined in subdivision (p) of Section 110815 of the Health and Safety Code, for use in the production and handling of
organic foods.
Prior to the promulgation of the national materials list by the United States Department of Agriculture pursuant to the federal Organic Foods Production Act of 1990, the Organic Food Advisory Board, in consultation with the secretary, shall determine which, if any, substance may be allowed for use in the production and handling of organic foods in this state. Within 90 days of promulgation of the national materials list by the United States Department of Agriculture, the Organic Food Advisory Board, in consultation with the secretary, shall determine which, if any, substance allowed for use by the national materials list may be allowed for use in the production and handling of organic foods in this state.
(b)Prior to adoption of these regulations, the secretary shall issue administratively a preliminary, nonexhaustive list of materials that are in compliance or not in compliance with
subdivision (p) of Section 110815 of the Health and Safety Code based on the listings of permitted materials published by California Certified Organic Farmers, the Organic Trade Association, and the Departments of Agriculture of the States of Oregon and Washington.
SEC. 3.
Section 46004.1 of the Food and Agricultural Code is amended to read:46004.1.
Unless defined pursuant to the National Organic Program (NOP), the following words and phrases, when used in this act, shall have the following meanings:(f)“Department” means the State Department of Public Health.
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
SEC. 4.
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 shall register with the secretary 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.Gross Sales | Registration Fee | |||
$ | 0– | 4,999 | $ | 25 |
$ | 5,000– | 10,000 | $ | 50 |
$ | 10,001– | 50,000 | $ | 75 |
$ | 50,001– | 250,000 | $ | 100 |
$ | 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 |
(4)
(5)
(6)
SEC. 5.
Section 46013.2 of the Food and Agricultural Code is amended to read:46013.2.
(a) To the extent feasible, the secretary, in consultation with the director, shall coordinate the registration and annual fee collection procedures of this section with similar licensing or registration procedures applicable to registrants.SEC. 6.
Section 46016.1 of the Food and Agricultural Code is amended to read:46016.1.
(a)SEC. 7.
Section 46016.3 of the Food and Agricultural Code is amended to read:46016.3.
(b)
SEC. 8.
Section 46016.4 of the Food and Agricultural Code is amended to read:46016.4.
The appeal shall be submitted to the secretary in writing within the time period provided in the letter of notification of the adverse action or within 30 daysSEC. 9.
Section 46017 of the Food and Agricultural Code is amended to read:46017.
(a) In lieu of prosecution, the secretary or a county agricultural commissioner may levy a civil penalty against any person under the enforcement jurisdiction of the secretary as provided in Section 46000 who violates this act, or any regulation adopted pursuant(b)
(f)
(g)