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 1392.9 - Direct Marketing, Compliance Requirements for the Operator of a Certified Farmers' Market

Universal Citation: 3 CA Code of Regs 1392.9

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

(a) The operator of a certified farmers' market shall ensure that each person participating in the sale of agricultural products in the defined marketing area where only agricultural products may be sold:

(1) Is a producer, a certified producer, or an authorized representative of the certified producer.

(2) Sells only certified and noncertifiable agricultural products.

(3) Has in his or her possession, in the case of certifiable agricultural products, a valid certificate that is posted at the point of sale.

(4) Has each certifiable agricultural product in his or her possession listed on the certified producer's current, valid certificate.

(5) When selling noncertifiable agricultural products, sells only those products produced in accordance with subsection 1392.4.

(6) When a certified producer is representing another certified producer, sells in accordance with subsection 1392.4(e).

(7) Issues dated memorandum(s), bill(s) of sale, or a container label(s) in compliance with subsections 1392.4 (i) and (j).

(8) Is in compliance with applicable signage requirements under subsection 1392.4 (k).

(b) The operator of a certified farmers' market shall obtain from each certified producer or the authorized representative of the certified producer participating in the sale of agricultural products, in the defined marketing area where only agricultural products may be sold, an itemized list of all products sold, per subsection 1392.4(m), within 48 hours of the conclusion of each market day.

(1) The market operator shall keep the list of products sold for a minimum of eighteen months.

(2) Upon the request of an enforcing officer, the market operator shall, within 72 hours, submit the itemized product list for inspection.

(c) No person shall operate a certified farmers' market unless he or she has in his or her possession a current, valid certified farmers' market certificate issued by the county agricultural commissioner for that market.

(d) The operator of a certified farmers' market shall, upon the request of an enforcement officer, provide for review his or her current, valid certified farmers' market certificate at any time during the operation of a certified farmers' market.

1. New section filed 12-9-99; operative 1-8-2000 (Register 99, No. 50). For prior history, see Register 91, No. 47.
2. New subsections (c) and (d) and amendment of NOTE filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
3. Amendment of subsections (a)(1) and (a)(3)-(6), new subsection (a)(7), amendment of subsection (b)(1) and new subsection (e) filed 8-18-2011; operative 9-17-2011 (Register 2011, No. 33).
4. Amendment 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.
5. Editorial correction of HISTORY 4 (Register 2020, No. 43).

Note: Authority cited: Sections 407, 47000, 47002, 47003, 47004 and 47005, Food and Agricultural Code. Reference: Sections 47000, 47002, 47003, 47004, 47005 and 47022, Food and Agricultural Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.