Food and Drug Branch

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.

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