California Food and Agricultural Code § 46004.1

Unless defined pursuant to the National Organic Program (NOP), the following words and phrases, when used in this act, shall have the following meanings: (a) “Accredited certification agency” means an entity accredited by the United States Department of Agriculture to certify operations as compliant with the federal organic standards. (b) “Act” means the California Organic Food and Farming Act. It also means the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the regulations adopted pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). (c) “Categorical products” means categories of products of like commodity, such as apples, salad products, etc., and does not require variety-specific information. (d) “Certified operation” means a crop or livestock production or a wild crop harvesting or handling operation, or a portion of that operation, that is certified organic by an accredited certification agency as using a system of organic production or handling, as described by the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to the National Organic Program. (e) “Data” means the information provided annually by persons registered under the act, including certified organic acreage and gross sales of certified organic products. (f) “Director” means the director and State Public Health Officer for the State Department of Public Health. (g) “Enforcement authority” means the governmental unit with primary enforcement jurisdiction, as provided in Section 46008. (h) “Exempt handler” means a handling operation exempt from certification under federal organic standards that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals five thousand dollars ($5,000) or less annually, that only handles agricultural products that contain less than 70 percent organic ingredients, as described in Section 205.301(d) of Title 7 of the Code of Federal Regulations, or that only identifies organic ingredients on the information panel. (i) “Exempt operation” means a production or handling operation, retail establishment, or broker that sells agricultural products but is exempt from certification under federal organic standards. (j) “Exempt producer” means a production operation that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals five thousand dollars ($5,000) or less annually. An “exempt producer” is exempt from certification under federal organic standards. (k) “Federal organic standards” means the federal regulations governing production, labeling, and marketing of organic products as authorized by the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to the National Organic Program (7 C.F.R. Sec. 205.1 et seq.), and any amendments to the federal act or regulations made subsequent to the enactment of this chapter. (l) “Handle” means to sell, process, or package agricultural products, and includes, but is not limited to, trading, facilitating a sale or trade on behalf of a seller or oneself, importing to the United States, exporting for sale in the United States, combining, aggregating, culling, conditioning, treating, packing, containerizing, repackaging, labeling, storing, receiving, and loading. (m) “Handler” means a person who handles agricultural products, except final retailers of agricultural products that do not process agricultural products. (n) “Handling operation” means an operation that handles agricultural products, except final retailers of agricultural products that do not process agricultural products. (o) “Inspection” means the act of examining and evaluating production or handling operation to determine compliance with state and federal law. (p) “National Organic Program” or “NOP” means the Nationa

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