Section 110840 Of Article 7. The California Organic Products Act Of 2003 From California Health And Safety Code >> Division 104. >> Part 5. >> Chapter 5. >> Article 7.
110840
. (a) All persons who handle products sold as organic shall
keep accurate and specific records of the following:
(1) Except when sold to the consumer, the name and address and, if
applicable, the registration numbers issued pursuant to Section
110875 of this code or Section 46002 of the Food and Agricultural
Code of all persons, to whom or from whom the product is sold,
purchased, or otherwise transferred, the quantity of product sold or
otherwise transferred, and the date of the transaction.
(2) Invoices, bills of lading, or other documents that show
transfer of title of certified organic products must indicate the
product is "organic" or "certified organic" and, if applicable, the
California registration number of the person transferring the
product.
(3) Any person selling a product which is exempt or excluded from
certification under NOP rules, shall follow the requirements of
Section 205.101 of Title 7 of the Code of Federal Regulations.
(4) All substances applied to the product or used in or around any
area where product is kept, including the quantity applied and the
date of each application. All pesticide chemicals shall be identified
by brand name, if any, and by source.
(b) All persons who sell, at retail, products sold as organic
shall keep accurate and specific records of the following:
(1) Except when sold to the consumer, the name and address and, if
applicable, the registration numbers issued pursuant to Section
110875 of this code or Section 46002 of the Food and Agricultural
Code of all suppliers of persons, to whom or from whom the product is
sold, purchased, or otherwise transferred, the quantity of product
purchased or otherwise transferred, and the date of the transaction.
(2) Invoices, bills of lading or other documents that show
transfer of title of certified organic products must indicate the
product is "organic" or "certified organic" and, if applicable, the
California registration number of the person transferring the
product.
(3) Any person selling a product that is exempt or excluded from
certification under NOP rules, shall follow the requirements of
Section 205.101 of Title 7 of the Code of Federal Regulations.
(4) All substances applied to the product or used in or around any
area where product is kept, including the quantity applied and the
date of each application. All pesticide chemicals shall be identified
by brand name, if any, and by source.
(c) All records required to be kept under this section shall be
maintained as set forth by regulations promulgated by the NOP, when
applicable, or as follows: by producers for not less than three years
and by handlers for not less than two years from the date that the
product is sold, and shall be maintained by retailers for not less
than one year from the date that the product is sold, and shall be
maintained by the retailers for not less than one year from the date
that the product is received by the retailer. These records shall be
made available for inspection at any time by the director or the
secretary and by each certification organization that certifies the
product, if any, for purposes of carrying out this article and
Chapter 10 (commencing with Section 46000) of Division 17 of the Food
and Agricultural Code.