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 1392.5 - Producer Certification Procedures

Universal Citation: 3 CA Code of Regs 1392.5

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

(a) A producer may become certified by applying to the county agricultural commissioner of the county where the producer's farm is located. Upon approval of a certified producer's certificate, issued by the county agricultural commissioner of the county where the producer's farm is located, a producer automatically becomes registered with the California Department of Food and Agriculture. A producer who farms in more than one county must be certified in each county where he/she produces certifiable agricultural products for sale at a certified farmers' market, or an outlet or location.

(1) Any revocation or suspension of a certified producer's certificate by the county agricultural commissioner or secretary, pursuant to Food and Agricultural Code section 47025, shall cause the concurrent revocation or suspension of the certified producer's registration with the California Department of Food and Agriculture.

(2) Certified producers shall notify the county agricultural commissioner within 30 days of any change of business address to update their certified producer's certificate.

(3) Certified producers shall provide the county agricultural commissioner with a list of all authorized representatives who are authorized to sell on their behalf.

(b) The certificate and application shall be on a form authorized by the secretary. Upon certification, the certified producer and all authorized representatives of the certified producer selling on behalf of the certified producer shall comply with the terms of this article, and the form must include the following:

(1) Producer name; farm or ranch name; dba (if applicable); business address, including city, zip code; phone number; e-mail address (if applicable); and fax number (if applicable);

(2) All production sites, including total acreage per production site, and storage locations;

(3) All commodities in alphabetical order by common name and identified by variety/type, if known;

(4) Estimated amount/unit grown per commodity; estimated production per commodity; harvest season; season altering devices (if applicable) and months in storage (if applicable); and

(5) Authorized counties where commodities may be sold; certified producers the certificate holder may sell for; certified producers authorized to sell the certificate holder's commodities; the certificate number; and date declared.

(c) Any producer shall provide, upon request by an enforcing officer or market manager, certificates, documentation, information, or any other identification that may be reasonably required to show that the conditions of this article are being met.

(d) The county agricultural commissioner, upon the review of a producer's application, and determination that the applicant meets the requirements of a certified producer, shall issue only one original certificate, which bears the signatures of the agricultural commissioner and the certified producer, and the name of each destination county where the certified producer will be selling. The original certificate shall be maintained in the issuing county agricultural commissioner's office.

(e) The county agricultural commissioner shall perform at least one on-site inspection of each property listed on each new producer's initial application, prior to issuing the certified producer's certificate.

(f) The county agricultural commissioner shall issue an embossed photocopy of the original certified producer's certificate or a photocopy of the original certified producer's certificate with the county seal affixed to it to the certified producer, which will serve as the valid certified producer's certificate. Certified producers who intend to sell at more than one certified farmers' market must obtain the necessary number of valid photocopies of the original certificate from the issuing county to comply with the provisions of this article.

(g) A certified producer's certificate shall be valid for up to 12 months from the date of issue.

(h) The issuing county agricultural commissioner shall send a photocopy of the original certificate to each destination county listed on the certified producer's certificate and to the California Department of Food and Agriculture.

(1) The issuing county agricultural commissioner shall provide each destination county and the California Department of Food and Agriculture with the updated business address when reported by the certificate holder, within 10 business days.

1. Amendment of heading, amendment and numbering of first three undesignated paragraphs as subsections (a)-(c), with repealer of remaining undesignated paragraphs, and new subsections (d)-(f) and NOTE filed 7-26-91; operative 7-26-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 47).
2. Amendment of section and NOTE filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37). 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-66-20.
3. Editorial correction of HISTORY 2 (Register 2020, No. 43).

Note: Authority cited: Sections 14, 407, 42681, 42682, 42684, 47001, 47002, 47003 and 47020, Food and Agricultural Code. Reference: Sections 42941, 47000 and 47000.5, Food and Agricultural Code.

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