California Code of Regulations
Title 10 - Investment
Chapter 13 - Governor's Office of Business and Economic Development
Article 2 - Made in California Program
Section 8120 - Certification Process for CA Made Label

Universal Citation: 10 CA Code of Regs 8120

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Applicants shall provide the CA Made certification form to a third-party certifier.

(b) Third-party certifier shall determine whether the product(s) satisfies the definitions of "Made in U.S.A." and "substantially made" in California as set forth in the program. The determination of whether the product(s) is "substantially made" in California may be made by calculating the value added share of the product pursuant to subdivision (c).

(c) The California value added share of the product(s) shall be calculated based on the California wholesale value of the product(s) and total product cost as described below.

(1) The California wholesale value shall be determined by summation of the following costs:
(A) California direct and indirect material costs; and,

(B) California direct and indirect labor costs.

(2) The total product cost shall be determined by summation of:
(A) California wholesale value, as described in Section 8120(c)(1);

(B) Direct and indirect material cost from outside California; and,

(C) Direct and indirect labor cost from outside California.

(3) The California value added share is equal to the California wholesale value divided by the total product cost.

(4) The California value added share may not include research and development.

(d) Third-party certifiers may determine whether a product(s) satisfies the program's requirements by reviewing the following materials from the applicant: approved budgets, invoices, and any other documents, computerized data, and other writings, whether handwritten, typewritten, printed, copied, or electronically stored to verify the origin of materials in California or the United States. This list is not a prescriptive or exhaustive list of the materials a third-party certifier must rely upon.

(e) Third-party certifiers shall be asked to provide all of the following information as directed on the certification form:

(1) Applicant information (legal entity business name, fictitious business name, owner name, primary business address in California, phone number, and email);

(2) Third-party certifier information (legal entity business name, fictitious business name, address, phone number, and email);

(3) Acknowledgement, in the form of a "yes" or "no" response, from third-party certifier that they meet the program's requirements for third-party certifiers and a brief description of how those requirements have been met;

(4) Name of product(s) to be certified;

(5) Brief description of product(s) for which the applicant is seeking to obtain a CA Made license;

(6) Description of the documents reviewed to perform the certification;

(7) Acknowledgement, in the form of a "yes" or "no" response, that the product(s) listed in Section 8120(e)(4) meet(s) the program's requirements for certification; and,

(8) Dated third-party certifier signature verifying that all content on the certification form is true and correct to the best of his/her knowledge based on the information provided by the applicant.

(f) The applicant shall submit the certification form to GO-Biz electronically by uploading a scanned copy of the signed certification form to his/her application on the CA Made website.

1. New section filed 6-7-2016; operative 6-7-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 24).

Note: Authority cited: Sections 12098.10 and 12098.11, Government Code. Reference: Sections 12098.10 and 12098.11, Government Code.

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