Section 110850 Of Article 7. The California Organic Products Act Of 2003 From California Health And Safety Code >> Division 104. >> Part 5. >> Chapter 5. >> Article 7.
110850
. (a) Following initial United States Department of
Agriculture accreditation of certifying agents as provided in Section
6514 of Title 7 of the United States Code and upon implementation of
the federal organic certification requirement pursuant to the
federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et
seq., Sec. 2101, P.L. 101-624), all products sold as organic in
California shall be certified by a federally accredited certifying
agent, if they are required to be certified under the federal act. In
addition products shall be sold as organic only in accordance with
this section, Sections 110855 to 110870, inclusive, and Section 46009
of the Food and Agricultural Code. The secretary, director, and the
county agricultural commissioners shall carry out this subdivision to
the extent that adequate funds are made available for that purpose.
(b) Products sold as organic may be certified only by a
certification organization registered pursuant to Section 46014.1 of
the Food and Agricultural Code or a federally accredited
certification organization.
(c) In order to be registered, a certification organization shall
be accredited by the USDA, if required.
(d) A certification organization that certifies processed products
sold as organic shall register with the secretary.
(e) The director may audit the organization's certification
procedures and records at any time. Records of certification
organizations not otherwise required to be released upon request or
made publicly available shall not be released by the director except
to other employees of the department, the Department of Food and
Agriculture, a county agricultural commissioner, the Attorney
General, any prosecuting attorney, or any government agency
responsible for enforcing laws related to the activities of the
person subject to this part.