Section 47020 Of Article 3. Certificates From California Food And Agricultural Code >> Division 17. >> Chapter 10.5. >> Article 3.
47020
. (a) An operator of a certified farmers' market shall
annually register with the department by applying for and obtaining a
certificate from the county agricultural commissioner's office in
the county in which the certified farmers' market is located. The
application shall include the times and location of the market, the
name and contact information for the operator of the market, and the
agent for service of process for the operator. Upon approval of an
application, the county agricultural commissioner shall issue to the
operator a certified farmers' market certificate.
(b) A certified farmers' market certificate issued by a county
agricultural commissioner shall be valid for 12 months from the date
of issue, and may be renewed annually thereafter. The county
agricultural commissioner shall inspect every certified farmers'
market within his or her jurisdiction at least once for every six
months of operation. At the time of application or renewal, the
county agricultural commissioner shall provide a schedule of fees
that reflects an estimate of expenses for inspections and may charge
a certification and inspection fee equal to the actual expenses
incurred.
(c) (1) (A) Before selling at a certified farmers' market, a
producer shall register with the department by applying for and
obtaining a certificate from the county agricultural commissioner's
office in the county in which the producer's land or facility is
located. The application shall include a declaration by the producer
that he or she is knowledgeable of and intends to produce in
accordance with good agricultural practices, as outlined in the Small
Farm Food Safety Guidelines published by the department. Upon
approval of an application, the county agricultural commissioner
shall issue to the producer a certified producer's certificate.
(B) A declaration made pursuant to subparagraph (A) shall not be
used to infer that the producer is not required to comply with other
state or federal laws relative to food safety and good agricultural
practices.
(2) As part of obtaining or renewing a certified producer
certificate, a producer farming fruit, vegetables, nuts, herbs, and
similar crops shall annually submit to the county agricultural
commissioner's office in the county in which the producer's land or
facility is located information requested by the department about the
specific crops that he or she will harvest or intends to harvest for
sale directly to the public. The secretary may promulgate
regulations specifying the information a producer is required to
submit.
(3) A certified producer's certificate issued by a county
agricultural commissioner shall be valid for up to 12 months from the
date of issue and may be renewed annually thereafter. The county
agricultural commissioner in each county shall perform at least one
onsite inspection for all new certified producer's certificate
applicants, and may perform additional inspections as needed of the
property or properties listed on the certified producer's certificate
issued in his or her county as deemed appropriate by the county
agricultural commissioner to verify production of the commodities
being sold at a certified farmers' market or the existence in storage
of the producer's actual harvested production, or both, of any
product being sold at a certified farmers' market. Where practical or
purposeful, verification inspections shall be made when the actual
harvest or sale of the commodity in question is occurring. The county
agricultural commissioner shall provide to the producer a schedule
of fees that reflects an estimate of expenses for certification or
inspection at the time of application or renewal or before any needed
additional verification inspection, and may charge a certification
and inspection fee equal to the actual expenses incurred.
(d) Renewal of a certified farmers' market certificate or
certified producer's certificate may be denied by either the
department or a county agricultural commissioner if a certified
farmers' market or a producer is delinquent in the payment of the
required state fee or a county certification and inspection fee or
administrative civil penalty authorized pursuant to this chapter. The
certificate may be eligible for renewal when all outstanding
balances and associated penalties or administrative fines have been
paid to the department or the respective county or counties.