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:
(a) "Act" means this chapter. It also means the federal Organic
Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the
regulations adopted pursuant to the federal Organic Foods Production
Act of 1990 (7 U.S.C. Sec. 6501 et seq.).
(b) "Categorical products" means categories of products of like
commodity such as apples, salad products, etc. and does not require
variety specific information.
(c) "Enforcement authority" means the governmental unit with
primary enforcement jurisdiction, as provided in Section 46008.
(d) "Exempt handler" means a handling operation that sells
agricultural products as "organic" but whose gross agricultural
income from organic sales totals five thousand dollars ($5,000) or
less annually.
(e) "Exempt producer" means a production operation that sells
agricultural products as "organic" but whose gross agricultural
income from organic sales totals five thousand dollars ($5,000) or
less annually.
(f) "Handle" means to sell, process, or package agricultural
products.
(g) "Handler" means any person engaged in the business of handling
agricultural products, but does not include final retailers of
agricultural products that do not process agricultural products.
(h) "Handling operation" means any operation or portion of an
operation, except final retailers of agricultural products that do
not process agricultural products that (1) receives or otherwise
acquires agricultural products, and (2) processes, packages, or
stores agricultural products.
(i) "NOP" means the National Organic Program established pursuant
to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec.
6501 et seq.) and the regulations adopted for implementation.
(j) "Person" means any individual, firm, partnership, trust,
corporation, limited liability company, company, estate, public or
private institution, association, organization, group, city, county,
city and county, political subdivision of this state, other
governmental agency within the state, and any representative, agent,
or agency of any of the foregoing.
(k) "Processing" means cooking, baking, heating, drying, mixing,
grinding, churning, separating, extracting, cutting, fermenting,
eviscerating, preserving, dehydrating, freezing, or otherwise
manufacturing, and includes packaging, canning, jarring, or otherwise
enclosing food in a container.
(l) "Secretary" means the Secretary of Food and Agriculture.
(m) "USDA" means the United States Department of Agriculture.