SECTIONS 14601-14603 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 14601-14603

14601. (a) Each differing label, other than weight or package size,
such as changes in the guaranteed analysis, derivation statement, or
anything that implies a different product, for specialty fertilizer,
packaged agricultural mineral, auxiliary soil and plant substance,
organic input material, and packaged soil amendment shall be
registered. All registrations shall be renewed in January of an
even-numbered year, and shall be valid until December 31 of the
following odd-numbered year, if issued in January of that same year.
The registration fee shall not exceed two hundred dollars ($200) per
product, except for organic input material.
(b) Notwithstanding subdivision (a), the registration fee for
organic input material shall not exceed five hundred dollars ($500)
per product, as the registration of organic input material labels
require additional departmental resources and review time to ensure
that nutrient guarantees and claims are scientifically feasible and
meet National Organic Program standards. Funds generated from the
registration of organic input material shall be deposited into the
Organic Input Materials Account in the Department of Food and
Agriculture Fund and, notwithstanding Section 221, shall be available
upon appropriation by the Legislature.
(c) The secretary may, based on the findings and recommendations
of the board, reduce the registration fees to a lower rate that
provides sufficient revenue to carry out this chapter.
(d) Registrations may not be issued without a current license.
(e) The secretary may require proof of labeling statements and
other claims made for any specialty fertilizer, agricultural mineral,
packaged soil amendment, organic input material, or auxiliary soil
and plant substance, before the secretary registers any such product.
As evidence of proof, the secretary may rely on experimental data,
evaluations, or advice furnished by scientists, including scientists
affiliated with the University of California, and may accept or
reject additional sources of proof in the evaluation of any
fertilizing material. In all cases, experimental proof shall relate
to conditions in California under which the product is intended for
use.
(f) Organic input material manufacturers shall be inspected at
least once per year. The secretary may perform site inspections of
organic input material manufacturing processes used to validate label
nutrient guarantees, claims, and compliance with National Organic
Program standards during the registration process. The secretary may
accept inspections performed by a third-party organization recognized
by the National Organic Program for out-of-state organic input
material manufacturers. All inspection records obtained by the
third-party organization shall be made available to the secretary
upon request. When a third-party organization is conducting a site
inspection, the organization shall notify the department of when the
inspection is going to take place no less than 72 hours in advance of
the inspection. Department representatives may be present at the
inspection.
(g) (1) The secretary, after hearing, may cancel the registration
of, or refuse to register, any specialty fertilizer, packaged
agricultural mineral, packaged soil amendment, organic input
material, or auxiliary soil and plant substance, which the secretary
determines is detrimental or injurious to plants, animals, public
safety, or the environment when it is applied as directed, which is
known to be of little or no value for the purpose for which it is
intended, or for which any false or misleading claim is made or
implied. The secretary may cancel the registration of any product of
any person who violates this chapter.
(2) The proceedings to determine whether to cancel or refuse
registration of any of those products shall be conducted pursuant to
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. The secretary shall have all the
powers that are granted pursuant to Chapter 5.

14602. A violation of this article is an infraction punishable by a
fine of not more than five hundred dollars ($500). A second or
subsequent violation of this article is a misdemeanor punishable by a
fine of not less than one hundred dollars ($100) and not more than
one thousand dollars ($1,000).

14603. The registration shall expire on December 31, of an
odd-numbered year. Each application for renewal shall be accompanied
by a fee not to exceed two hundred dollars ($200) for each product
label. If a registration is not renewed within one calendar month
following expiration, a penalty of fifty dollars ($50) per product
label shall be added to the fee.