Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
order to receive and maintain accreditation, a private entity accredited as a
certifying agent under this Chapter must:
(1)
Have sufficient expertise in covered animal production and covered product
distribution techniques to fully comply with and implement the terms and
conditions of the certification program established under this
Chapter;
(2) Carry out the
provisions of the Act and this Chapter, including the provisions of certifying
operations as described in sections
1326.3 through
1326.8 of this Article;
(3) Use a sufficient number of adequately
trained personnel, including inspectors, and certification review personnel, to
comply with and implement the certification program established under this
Chapter;
(4) Ensure that its
responsibly connected persons, employees, and contractors with inspection,
analysis, and decision-making responsibilities have sufficient expertise in
covered animal production and covered product distribution to successfully
perform the duties assigned;
(5)
Provide sufficient information to persons seeking certification to enable them
to comply with the applicable requirements of the Act and this
Chapter;
(6) Maintain all records
pursuant to section
1326.17(b) of this
Article and make all such records available for inspection and copying during
normal business hours by authorized representatives of the
Department;
(7) Not disclose any
information collected pursuant to this Article that was obtained while
certifying producers or distributors for compliance with this Chapter to any
third-party without approval by the Department. Any request to an accredited
certifying agent for records or documents must be submitted to the Department
for review and approval pursuant to the California Public Records Act
(Government Code section
6250 et
seq.);
(8) Prevent conflicts of
interest by:
(A) Not certifying a production
or distribution operation if the certifying agent or a responsibly connected
party of such certifying agent has or has held a commercial interest in the
production or distribution operation, including an immediate family interest or
the provision of consulting services, within the 12-month period prior to the
application for certification;
(B)
Excluding any person, including contractors, with conflicts of interest from
work, discussions, and decisions in all stages of the certification process and
the monitoring of certified production or distribution operations for all
entities in which such person has or has held a commercial interest, including
an immediate family interest or the provision of consulting services, within
the 12-month period prior to the application for certification;
(C) Not permitting any employee, inspector,
contractor, or other personnel to accept payment, gifts, or favors of any kind,
other than prescribed fees, from any business inspected.
(9) Refrain from making false or misleading
claims about its accreditation status, the accreditation program for certifying
agents, or the nature or qualities of covered products; and
(10) Submit to the Department a copy of:
(A) Within 14 calendar days of creation, any
notice of proposed suspension or revocation and notice of suspension or
revocation sent pursuant to section
1326.20 of this Article;
and
(B) Annual report as described
in section 1326.17(a) of this
Article including the name, address, and phone number of each operation granted
initial certification pursuant to section
1326.6 of this Article or an
updated certification pursuant to section
1326.8 of this Article, during the
preceding year.
(b) A private entity accredited as a
certifying agent must:
(1) Hold the
Department harmless for any failure on the part of the certifying agent to
carry out the provisions of the Act and this Chapter; and
(2) Transfer to the Department all records or
copies of records concerning the person's certification activities related to
this Article in the event that the certifying agent dissolves or loses its
accreditation; provided, that, such transfer shall not apply to a merger, sale,
or other transfer of ownership of a certifying agent.
(c) No certifying agent under this Article
shall exclude from participation in or deny the benefits of certification to
any person due to discrimination because of race, color, sex, national origin,
gender, religion, age, disability, political beliefs, sexual orientation,
national origin, source of income, or marital or family status.
(d) A private entity seeking accreditation
under this Article must sign and return a statement of agreement prepared by
the Department which affirms that, if granted accreditation as a certifying
agent under this Chapter, the applicant will carry out the provisions of the
Act and this Chapter, including but not limited to all applicable requirements
of this section.
1. New
section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
11343.4(b)(3)
(Register 2022, No. 35). Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
25993,
Health and Safety Code. Reference: Sections
25990
and
25991,
Health and Safety Code.
