County Of Marin: Agricultural Weights and Measures

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Agricultural Weights and Measures
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Marin Organic Agriculture

 
 

Background of the Organic Program:

Agricultural products represented as organic in the United States of America must comply with the National Organic Program (NOP) standards for production.  These standards were made law in October 2002 as a requirement of The Organic Food Production Act of 1990 (7 U.S.C.A. § 6501-22), and are administered by the United States Department of Agriculture(USDA).  The requirements of the NOP standards are contained in the regulations, 7 C.F.R. Part 205, and are enforced by the USDA NOP.  

California State Registration and USDA Certification:

California State Organic Registration:

Excerpt from the California Food and Agricultural Code
46013.1.  (a) Every person engaged in this state in the production or handling of raw agricultural products sold as organic, and retailers that are engaged in the production of products sold as organic, and retailers that are engaged in the processing, as defined by the NOP, of products sold as organic, shall register with the agricultural commissioner in the county of principal operation prior to the first sale of the product.  All processors of organic agriculturally derived products that are not required to be registered as outlined in subdivision (b) must register with the secretary.  Each registrant must annually renew the registration unless no longer engaged in the activities requiring the registration.  Each registrant shall provide a complete copy of its registration to the county agricultural commissioner in any county in which the registrant operates.
   (b) Every person engaged in this state in the processing or handling of processed products pursuant to Section 110460 of the Health and Safety Code, and pet food pursuant to Section 18653, and cosmetics pursuant to Section 111795 of the Health and Safety Code, including processors of alcoholic beverages, fish and seafood, shall register with the State Director of Health Services.

Organic Certification:

§ 205.100:   What has to be certified?

(a) Except for operations exempt or excluded in §205.101, each production or handling operation or specified portion of a production or handling operation that produces or handles crops, livestock, livestock products, or other agricultural products that are intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must be certified according to the provisions of subpart E of this part and must meet all other applicable requirements of this part.

(b) Any production or handling operation or specified portion of a production or handling operation that has been already certified by a certifying agent on the date that the certifying agent receives its accreditation under this part shall be deemed to be certified under the Act until the operation's next anniversary date of certification. Such recognition shall only be available to those operations certified by a certifying agent that receives its accreditation within 18 months from February 20, 2001.

(c) Any operation that:

(1) Knowingly sells or labels a product as organic, except in accordance with the Act, shall be subject to a civil penalty of not more than 3.91(b)(1)(xxxvii) of this title per violation.

(2) Makes a false statement under the Act to the Secretary, a governing State official, or an accredited certifying agent shall be subject to the provisions of section 1001 of title 18, United States Code.

[65 FR 80637, Dec. 21, 2000, as amended at 70 FR 29579, May 24, 2005]

§ 205.101   Exemptions and exclusions from certification:

(a) Exemptions. (1) A production or handling operation that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals $5,000 or less annually is exempt from certification under subpart E of this part and from submitting an organic system plan for acceptance or approval under §205.201 but must comply with the applicable organic production and handling requirements of subpart C of this part and the labeling requirements of §205.310. The products from such operations shall not be used as ingredients identified as organic in processed products produced by another handling operation.

(2) A handling operation that is a retail food establishment or portion of a retail food establishment that handles organically produced agricultural products but does not process them is exempt from the requirements in this part.

Additional Links and Resources:

Publications - PDFs:

USDA Certification
The U.S. Department of Agriculture (USDA) accredits State, private, and foreign organizations or persons to become "certifying agents." Certifying agents certify that organic production and handling practices meet the national standards.

NCAT’s Organic Crops Workbook
A Guide to Sustainable and Allowed Practices - Crops.

NCAT’s Organic Livestock Workbook
A Guide to Sustainable and Allowed Practices - Livestock.

Organic Farm Certification
Farmers planning to market their products as “organic” must become certified. This guide outlines the considerations involved in “going organic” and the basic steps to organic certification. The sole exemption to mandatory certification is also discussed.

Organic Certification Process
This guide is to help organic producers and handlers understand, prepare for, and get the most from the process of organic certification to USDA National Organic Standards.

Pastures: Going Organic
This publication is an introduction to regulations related to organic pasture and rangeland in the United States.

FAC For Organic Registration
Food and Agricultural Code For Organic Registration.

Links:

USDA NOP
The National Organic Program (NOP) develops, implements, and administers national production, handling, and labeling standards for organic agricultural products. The NOP also accredits the certifying agents (foreign and domestic) who inspect organic production and handling operations to certify that they meet USDA.

USDA NOP Standards
National Organic Standards.

USDA NOP Certifiers
A complete listing of both domestic and foreign certifying agents.

CDFA Organic Program
CDFA’s Organic Program is responsible for enforcement of the federal Organic Foods Production Act of 1990, and the California Organic Products Act of 2003. These statutes protect consumers, producers, handlers, processors and retailers by establishment of standards under which fresh agricultural products/foods may be labeled and/or sold as “organic”.

CDPH Organic Program
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.

ATTRA Organic
resources offer guidance in preparing for certification, and in production methods for a range of organic crops and livestock. Many of these publications were developed in response to producer questions, and they deal with issues related to specific products, as well as production methods, marketing, and organic certification requirements.

Click here for Marin County's Organic Acreage Statistics.

Click here to go to the MOCA page.



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