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 6.5 - Direct Marketing
Section 1392.4 - Conditions of Direct Marketing

(a) Except as provided in subsection (e) below, a producer or certified producer may sell or offer to sell, at a certified farmers' market, a field retail stand, a farm stand at or near the point of production, or an outlet or location, only agricultural products which he or she produced to the public or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. To sell certifiable agricultural products at a certified farmers' market or an outlet or location, a producer shall obtain a certified producer's certificate from the county agricultural commissioner where the commodities are produced.

(b) An authorized representative of the certified producer may only sell on behalf of one certified producer per certified farmers' market, per market day, unless operating under subsection 1392.4(e).

(c) The certified producer's embossed photocopy certificate or the certified producer's photocopy certificate with the county seal affixed to it shall accompany the certified agricultural products during transportation and at the point of sale.

(d) When any agricultural products are sold by weight, the type of scale used shall be approved by the California Department of Food and Agriculture, and shall be tested and sealed for use by the county sealer-director of weights and measures.

(e) A certified farmers' market may allow, or prohibit, a certified producer to sell at that market certified agricultural products on behalf of a maximum of two other certified producers, including, but not limited to, separate entities, such as partnerships, in which the certified producer has an interest as an individual member. If such a practice is allowed, the following provisions shall be met by the certified producer:

(f) Any person selling organic products or representing products as organic at a certified farmers' market shall conspicuously post at the point of sale a photocopy of his or her current State of California organic registration and, if applicable, in accordance with the Code of Federal Regulations, Title 7, § 205.101 (1-1-20 Edition), which is hereby incorporated by reference, documentation of his or her organic certification. Prior to posting organic documents, it is permissible to conceal from public view acreage and dollar amounts pertaining to annual sales. A complete photocopy of the original, unaltered, current organic document(s) shall, upon the request of an enforcing officer, be made available for review at any time during participation in a certified farmers' market.

(g) Any person selling organic products or representing products as organic on behalf of another certified producer at a certified farmers' market shall conspicuously post at the point of sale a photocopy of the represented certified producers' current State of California organic registration and, if applicable, in accordance with the Code of Federal Regulations, Title 7, § 205.101, documentation of the represented certified producers' organic certification. Prior to posting organic documents, it is permissible to conceal from public view acreage and dollar amounts pertaining to annual sales. A complete photocopy of the original, unaltered, current organic document(s) shall, upon the request of an enforcing officer, be made available for review at any time during participation in a certified farmers' market.

(h) A certified producer shall not sell or represent sprouts as his or her own production resulting from practicing the agricultural arts if less than 50 percent of the seeds, legumes or nuts in any package or container have sprouts that have emerged from the seed, legume or nut coat, husk, pericarp or other type of covering.

(i) A certified producer, when implementing any exemption to size, standard pack, container, or labeling requirements and selling agricultural products under such exemption(s) to any individual, organization, or entity that intends to subsequently sell the product(s) directly to end users or distributes the product(s) at no cost to end users, shall provide to the purchasing individual, organization, or entity a dated memorandum, bill of sale, or container label in accordance with Section 47002(e) of the Food and Agricultural Code. The memorandum, bill of sale, or container label must list all of the following:

(j) A certified producer shall not fail to provide the memorandum, bill of sale, or a container label so described and under the circumstances set forth in subsection (i) of this section and shall, under any circumstances, issue a memorandum, bill of sale, or a container label, as described in regard to any sale of a single agricultural commodity in excess of twenty-five pounds net weight to any individual consumer or end user.

(k) Every person selling certifiable agricultural products within a certified farmers' market shall, at the point of sale:

(l) A seller of processed agricultural products shall state in a clear manner by package label, container label, or bulk sales signage that they consist only, with the exception of incidental flavorings and necessary preservatives, of agricultural products grown or raised by the farm or ranch selling them, the farm or ranch name, and the city where the farm or ranch is located. In addition, every processed product shall identify on a package label, container label, or on bulk sales signage the registration number or other identity reference of the facility where the food was processed, or another required labeling statement or information, in accordance with Sections 110460, 114365, and 114365.2 of the Health and Safety Code, or, in the case of meat or poultry products, the identity of the facility where the meat or poultry products were cut and wrapped, in accordance with the applicable United States Department of Agriculture or State of California inspection standards, or, in the case of dairy products, the identity of the facility where the dairy products were manufactured or processed. He or she shall have a copy of the above required documentation in his or her possession at the point of sale, and shall make this documentation available upon request of an enforcing officer. The quantities of certifiable agricultural product processed and sold shall not exceed the quantities listed on the seller's Certified Producer's Certificate.

Additionally, the included ingredients not of own production, as defined in subsection 1392.2(w), other than sugar and water, must be the last items on the label required by the Food and Drug Administration (i.e. where the ingredients are listed in descending order of quantity.)

(m) Within 48 hours of the conclusion of each market day, each certified producer or the authorized representative of the certified producer participating in the sale of agricultural products at a certified farmers' market shall provide the market operator an itemized list of all products sold at the certified farmers' market.

(n) The secretary or a county agricultural commissioner may deny the issuance of a certificate to any certified producer or market operator who is determined to be delinquent in the payment of fees or penalties required under Chapter 10.5 of Division 17 of the Food and Agricultural Code or this article.