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NOTE: If you do not process or handle any organic products, please
disregard this notice
The California Organic
Products Act of 2003 became effective January 1, 2003. The statute amended
existing California organic law to conform to the requirements of the National
Organic Program (NOP) regulations, which became effective on October 21, 2002.The law divides the oversight responsibilities between the Department of
Health Services (DHS) which is responsible for processed food products,
cosmetics and pet food, and the California Department of Agriculture (CDFA)
which is responsible for raw agricultural commodities, meat, poultry, and dairy
products.
Every person in California
who processes, packages, stores, distributes or handles (including handlers who
do not take possession) processed food, pet food or cosmetics in California that
are sold as organic (except processed meat, fowl, or dairy products) is required
to register with the Department's Food and Drug Branch (FDB) under the Organic
Processed Product Registration Program (OPPR), and pay an annual registration
fee. A product is sold as organic if it, or one of its ingredients, is claimed
to be organic. The law requires each registrant to report information to FDB
regarding the quantity of organic products being sold and their annual gross
sales volume. FDB is responsible for preparing an annual report containing this
information for the Organic Products Advisory Committee. The information is
reported in the aggregate form to preserve its confidentiality.
While registration is not new
for processors and handlers of organic food products, effective January 1, 2003,
organic pet food and organic cosmetic processors and handlers must also register
with DHS. New provisions of the
statues allow pet foods and cosmetics to be labeled as organic, provided that
they meet specific criteria. Cosmetic products sold, labeled, or
represented as organic shall contain at least 70% organically produced
ingredients. Organic pet food must be produced and labeled using the same
criteria as organic food intended for human consumption.
If you are a processor or
handler of processed products sold as organic in California, please complete the
organic processed products registration application and return it with the
appropriate registration fee (see below). Applications not fully competed will be returned to you for completion.
If a facility is already registered with FDB under the Processed Food
Registration Program, the OPPR registration will be assigned the same expiration
date and will renew at the same time the annual Processed Food Registration
renewal comes due. Payment of the OPPR fee may be included in the same check
submitted with the Processed Food Registration fee. Possession of a valid Processed Food Registration does not exempt any
person required to obtain an OPPR from paying the fees for both registrations.
For
further information, regarding the Organic Processed Product Registration
Program, please contact the Organic Product Registration Desk at (916) 650-6500
or Patrick Kennelly, Food Safety Inspection Unit Chief, at (916) 650-6598.
Organic Processed Product Registration Fees: |
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Gross Annual Sales or Revenue Annual |
Registration Fee |
$0-$5,000 |
$ 50 |
$5,001-$50,000 |
$100 |
$50,001-$125,000 |
$200 |
$125,001-$250,000 |
$300 |
$250,001-$500,000 |
$400 |
$500,001-$1,500,000 |
$500 |
$1,500,001-$2,500,000 |
$600 |
$2,500,001-and above |
$700 |
Notes:
Any handler that does not
take possession or title of the product but arranges for the sale of the product
shall register and pay one hundred dollars ($100) per year.
Any person that only provides
temporary storage for seven days or less, or only provides transportation for
organic product and does not handle the processed packaged product, does not
have to register.
You can obtain additional information on
organics issues, prohibited materials, and labeling requirements at the
following websites:
United States Department of Agriculture,
National Organic Program: www.ams.usda.gov/nop
California
Department of Food and Agriculture: www.cdfa.ca.gov/is/fveqc/organic
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