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§ 1326. Definitions.

3 CA ADC § 1326Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 2. Animal Industry
Chapter 10. Animal Confinement
Article 5. Certification and Accredited Certifiers
3 CCR § 1326
§ 1326. Definitions.
Unless the context otherwise requires, the following definitions apply to this Article and words in the singular form shall be deemed to impart the plural and vice versa, as the case may demand:
(a) “Accreditation or accredit” means a determination made by the Department that authorizes a private entity to conduct certification activities as a certifying agent under this Chapter.
(b) “Act” means the Farm Animal Cruelty statute, as amended (Chapter 13.8 (commencing with section 25990) of Division 20 of the Health and Safety Code).
(c) “Area of operation” means the facilities and records for covered animal production or covered product distribution operations, including calves and whole veal meat, breeding pigs and whole pork meat, egg-laying hens and shell eggs or liquid eggs, or any combination thereof that a certifying agent may certify under this Chapter.
(d) “Certification or certify” means a determination made by a certifying agent that a production or distribution operation is in compliance with the Act and this Chapter, which is documented by a certificate of California farm animal confinement compliance.
(e) “Certified operation” means a production or distribution operation, or portion of such operation, that is certified by a certifying agent as utilizing a system of animal confinement or distribution as described by the Act and this Chapter.
(f) “Certifying agent” means any private entity accredited by the Department as a third-party certifying agent for the purpose of certifying a production or distribution operation as a certified operation, the Department, or any government entity that the Department recognizes as providing functionally equivalent certification services to the requirements of this Chapter.
(g) “Certifying agent's operation” means all sites, facilities, personnel, and records used by an accredited private certifying agent to conduct certification activities under the regulations in this Chapter.
(h) “Covered animal” means all of the following animals when kept on a farm pursuant to sections 25991(f) and (i) of the Health and Safety Code for purposes of producing covered products:
(1) Breeding pig as defined in section 25991(a) of the Health and Safety Code and section 1322(c) of this Chapter;
(2) Calf as defined in section 25991(d) of the Health and Safety Code and section 1321(c) of this Chapter; and
(3) Egg-laying hen as defined in section 25991(g) of the Health and Safety Code and section 1320(l) of this Chapter.
(i) “Covered product” means all of the following:
(1) Shell eggs as defined in section 25991(p) of the Health and Safety Code and section 1320(z) of this Chapter;
(2) Liquid eggs as defined in section 25991(l) of the Health and Safety Code and, section 1320(u) of this Chapter;
(3) Whole veal meat as defined in section 25991(v) of the Health and Safety Code and section 1321(ee) of this Chapter; and
(4) Whole pork meat as defined in section 25991(u) of the Health and Safety Code and section 1322(ee) of this Chapter.
(j) “Department” means the California Department of Food and Agriculture.
(k) “Distributor” means an egg distributor as defined in section 1320(k), a veal distributor as defined in section 1321(cc), and a pork distributor as defined in section 1322(t), of this Chapter.
(l) “Distributor operation” means any operation or portion of an operation that conducts activities as a distributor.
(m) “Employee” means any person providing paid or volunteer services for a certifying agent.
(n) “Governmental entity” means any local, state, or federal domestic government, tribal government, or foreign governmental subdivision providing certification services.
(o) “Immediate family” means the spouse, minor children, or blood relatives who reside in the immediate household of a certifying agent or in the immediate household of employee, inspector, contractor, or other personnel of the certifying agent. For the purpose of this Chapter, the interest of a spouse, minor child, or blood relative who is a resident of the immediate household of a certifying agent or an employee, inspector, contractor, or other personnel of the certifying agent shall be considered to be an interest of the certifying agent or an employee, inspector, contractor, or other personnel of the certifying agent.
(p) “Inspection” means the act of examining and evaluating the production or distribution area of operation of an applicant for certification or a certified operation to determine compliance with the Act and this Chapter.
(q) “Inspector” means any person retained or used by a certifying agent to conduct inspections of certification applicants or certified production or distribution operations, or an authorized representative of the Department.
(r) “Label” means a display of written, printed, or graphic material on the immediate container of a covered product or any such material affixed to any covered product or affixed to a bulk container containing a covered product, except for package liners or a display of written, printed, or graphic material which contains only information about the weight of the product.
(s) “Labeling” means all written, printed, or graphic material accompanying a covered product at any time or written, printed, or graphic material about the covered product displayed at retail stores about the product.
(t) “Person” means any individual, firm, partnership, joint venture, association, limited liability corporation, corporation, estate, trust, receiver, or syndicate.
(u) “Private entity” means any domestic or foreign nongovernmental, for-profit, or not-for-profit organization providing certification services.
(v) “Producer” means an egg producer as defined in section 1320(m), a veal producer as defined in section 1321(dd), and a pork producer as defined in section 1322(u).
(w) “Records” means any information in written, visual, or electronic form that documents the activities undertaken by a producer, distributor, or certifying agent to comply with the Act and this Chapter.
(x) “Responsibly connected” means any person who is a partner, officer, director, holder, manager, or owner of 10 percent or more of the voting stock of an applicant, or a recipient of certification or accreditation.
(y) “Split operation” means an operation that produces or distributes covered animals and/or covered products from operations, or portions of an operation, that are both in conformance and out-of-conformance with the confinement standards of the Act and this Chapter.
(z) “State” means any of the states of the United States of America, its territories, the District of Columbia, and the Commonwealth of Puerto Rico.

Credits

Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 25991, Health and Safety Code.
History
1. New article 5 (sections 1326-1326.22) and section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 11/18/22 Register 2022, No. 46.
Cal. Admin. Code tit. 3, § 1326, 3 CA ADC § 1326
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