California Code of Regulations
Title 3 - Food and Agriculture
Division 3 - Economics
Chapter 1 - Fruit and Vegetable Standardization
Subchapter 4 - Fresh Fruits, Nuts and Vegetables
Article 6.1 - State Organic Program
Section 1391.1 - Organic Inspection and Sampling Authority

Universal Citation: 3 CA Code of Regs 1391.1

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

(a) All agricultural products and ingredients that are produced, processed, stored, sold, labeled, or represented as "100 percent organic," "organic," or "made with organic (specified ingredients or food groups)" shall be made accessible by production or handling operations for examination by the state, county agricultural commissioner, or the operation's accredited certifying agent.

(b) The state, county agricultural commissioner, or the operation's accredited certifying agent may require preharvest or postharvest testing of any agricultural product, ingredient, or input to be sold, labeled, or represented as "100 percent organic," "organic," or "made with organic (specified ingredients or food groups)." Sampling for analysis shall be conducted by the state, county agricultural commissioner, or the operation's accredited certifying agent.

(c) The state, county agricultural commissioner, or the operation's accredited certifying agent may enter, inspect, and sample any of the following or related areas and items to determine compliance with the provisions of the the California Organic Food and Farming Act, federal Organic Foods Production Act of 1990, National Organic Program regulations, and state regulations:

(1) Fields, areas, structures, and greenhouses where products or inputs may be produced, processed, handled, or stored.

(2) Equipment, including protective clothing and equipment, used to store, produce, process, transport, or handle commodities.

(3) Dressing areas and other facilities used by employees.

(d) The state and county agricultural commissioners shall have the right to inspect documentation and records pertaining to the production, processing, storage, transportation, or handling of commodities identified as "100 percent organic," "organic," and "made with organic (specified ingredients or food groups)." Such records may include and are not limited to the following:

(1) Organic systems plan(s), if applicable.

(2) The quantity harvested from each field or management unit, the size of the field management unit, the field number, and the date of harvest.

(3) Unless the livestock, fowl, or fish was raised or hatched by the producer, the name and address of all suppliers of livestock, fowl, or fish and the date of the transaction.

(4) For each field or management unit, all substances applied to the crop, soil, growing medium, growing area, irrigation or post harvest wash or rinse water, or seed, the quantity of each substance applied, and the date of each application. All substances shall be identified by brand name, if any, and by source.

(5) All substances administered and fed to the animal, including all feed, medication and drugs, and all substances applied in any area in which the animal, milk, or eggs are kept, including the quantity administered or applied, and the date of each application. All substances shall be identified by brand name, if any, and by source.

(6) 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.

(7) Except when sold to the consumer, the name and address 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.

(8) Any other records or documents deemed necessary to demonstrate compliance with the provisions of the California Organic Food and Farming Act, federal Organic Foods Production Act of 1990, National Organic Program regulations, and state regulations.

(e) When laboratory test results indicate a specific agricultural product contains substances or environmental contaminants that exceed state or federal regulatory tolerances, the state, county agricultural commissioner, or the operation's accredited certifying agent shall report such data to the state and federal agency whose regulatory tolerance or action level has been exceeded.

1. New section filed 9-10-2007; section operative upon approval by the Secretary of the U.S. Department of Agriculture (Register 2007, No. 37).
2. Change without regulatory effect amending section, and attaching letter by the Secretary of the U.S. Department of Agriculture approving the State Organic Program appeal procedures effective 11-5-2007, filed 1-24-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 4).
3. Renumbering of former section 1391.1 to new section 1391.6 and new section 1391.1 filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41).
4. Amendment of subsections (c) and (d)(8) filed 12-12-2017; operative 4-1-2018 (Register 2017, No. 50).

Note: Authority cited: Sections 407, 46000, 46001, 46002 and 46018.1, Food and Agricultural Code. Reference: Section 401, Food and Agricultural Code.

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