(a) Certified Farmers' Market. A location approved by the county agricultural commissioner of that county where agricultural products are sold by producers or certified producers directly to the public or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. A certified farmers' market may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency.

(b) Certified Farmers' Market Certificate. A certificate issued by the county agricultural commissioner authorizing the location, months of operation, day(s) of the week, and hours of operation where agricultural products are sold by the producers or certified producers directly to the public, or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. The certificate is valid only when bearing the original signatures of the county agricultural commissioner and the authorized representative of the certified farmers' market and only for the location, months of operation, day(s) of the week, and hours of operation as specified on the certificate. Upon receipt of a certified farmers' market certificate, an operator shall assume and retain responsibility for all aspects of the operation of a certified farmers' market at the location specified; including, but not limited to legal, financial, and regulatory compliance requirements.

(c) Land Which the Producer or Certified Producer Controls. Land that the producer or certified producer farms and owns, rents, leases, or sharecrops:

(d) Producer. A person, partnership, corporation, or an otherwise legally formed farm or ranch that produces agricultural products by the practice of the agricultural arts upon land that the person or entity owns, rents, leases, sharecrops, or otherwise controls and has the documented legal right to possession. A person or entity that rents, leases, or otherwise acquires the right to possession of property essentially only for or limited to the period of the harvest season of the agricultural products produced on that property shall not be considered a producer under the provisions of this chapter.

(e) Certified Producer. A producer authorized by the county agricultural commissioner to sell certified agricultural products, produced by practice of the agricultural arts upon land which the certified producer controls, directly to the public or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users, at a certified farmers' market, or an outlet or location.

(f) Authorized Representative of the Certified Producer. A person approved by the certified producer to conduct business on behalf of the certified producer, only at a certified farmer's market.

(g) Certified Producer's Certificate. A certificate issued by the county agricultural commissioner in the county of production authorizing the transportation and sale of certified agricultural products pursuant to this article.

(h) The Public. A person who purchases and receives agricultural products at a field retail stand, a farm stand at or near the point of production, at a certified farmers' market, or an outlet or location, exclusively for personal or normal household use and does not include a person to whom fresh fruits, nuts, and vegetables are sold for commercial resale except as provided in subsection 1392.4(i).

(i) Direct Marketing. The sale:

(j) Agricultural Products. Fresh or processed products produced in California, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, unprocessed bees wax, propolis, royal jelly, flowers, grains, nursery stock, raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including shellfish that is produced under controlled conditions in waters located in California. Agricultural Products include all certified and noncertifiable agricultural products as defined in subsection 1392.2(l) and subsection 1392.2(m).

(k) Nonagricultural Products. Products that are characterized as services, arts, crafts, bakery, candies, soaps, balms, perfumes, cosmetics, pottery, clothing, fabrics, pastas, compost, fertilizers, candles, ceramics, foraged foods, and types of wares are not agricultural products for purposes of this Chapter.

(l) Certified Agricultural Products. Agricultural products, which are certified under the jurisdiction of the county agricultural commissioner relative to inspection and verification of compliance with the provisions of this article, include fresh fruits, nuts, vegetables, herbs, cultivated mushrooms, shell eggs, honey, cut flowers, unprocessed grains, and nursery stock.

(m) Noncertifiable Agricultural Products. Noncertifiable agricultural products include all certified agricultural products that have been processed, any products that are produced from trees, vines, or plants of a certified agricultural product (including flowers and processed products), dairy, pollen, unprocessed beeswax, propolis, royal jelly, raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including shellfish that is produced under controlled conditions in waters located in California. The noncertifiable agricultural products shall meet the definition provided in subsection 1392.2(j).

(n) Nonprofit Organization. An organization which qualifies for nonprofit status for California income tax purposes.

(o) Market Operator. One or more certified producers, a nonprofit organization, or a local government agency who operates a certified farmers' market. The market operator is the financially responsible party and shall ensure the market's compliance with all applicable statutes and regulations, and applicable enforcement actions would be brought against the market operator.

If the market operator is more than one certified producer, a nonprofit organization, or a local government agency, the market operator shall designate an authorized representative and an agent for service of process, which shall be listed on the certified farmers' market certificate.

(p) Authorized Representative of the Market Operator. A person under the authority and management of the market operator who is designated to conduct business on the operator's behalf, which includes, but is not limited to: the market manager, the agent for service of process of the operator, a member of the operator's board of directors, and an employee of the operator.

(q) Market Manager. A person or persons empowered by the market operator to implement the rules, regulations, policies, and directives of the governing body of a certified farmers' market.

(r) Market Rules. A set of written rules or regulations approved by each certified farmers' market. The rules and regulations may be more stringent than established state regulations, provided they do not violate or conflict with any state law or regulation governing their activities.

(s) Notice and Hearing Process. A process initiated at the discretion of the secretary or a county agricultural commissioner after alleged violation(s) of the provisions of this article has occurred.

(t) Practice of the Agricultural Arts. The undertaking of being predominantly responsible for the decisions and actions encompassing the various phases of producing an agricultural product. The practice of the agricultural arts for fruit, floral, nut, vegetable, and other plant products includes directive or actual responsibility for all the actions of planting, growing, fertilizing, irrigating, cultivating, pest control, and harvesting. The practice of the agricultural arts for agricultural animal products includes directive or actual responsibility for a substantial time of the raising, feeding, veterinary care, and product harvesting.

(u) Partnership. A partnership is a separate entity distinct from its individual members. As a separate entity, a partnership must obtain a certified producer's certificate to market its agricultural products directly to the public or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. Such agricultural products shall be produced by practice of the agricultural arts upon land that the partnership, as a separate entity, exclusively controls.

(v) Sprouts. Sprouts are germinated seeds, legumes and nuts such as, but not limited to, pumpkin seeds, peanuts, flax, soybeans and fenugreek. For the purpose of practicing the agricultural arts to sell sprouts at a certified farmers' market, a minimum of fifty percent of the seeds, legumes, or nuts, in any package or container offered or displayed for sale, must have sprouts that have emerged from the seed, legume or nut coat, husk, pericarp or other type of covering. No requirement for a minimum measurement of the sprout shall apply nor shall a minimum time of seed hydration be required.

(w) Processed Agricultural Products. Processed agricultural products shall be defined as agricultural products that have been altered or prepared by such means as, but not limited to, slicing, juicing, drying, shelling, smoking, freezing or cooking, provided, however, that the seller has produced all of the ingredients contained in the final product. The only exceptions to this production requirement shall be the inclusion of food coloring, pectin, rennin/rennet or ingredients used as preservatives, seasonings, and flavorings.

(x) At or Near the Point of Production. For the purpose of this article, “at or near the point of production” means not beyond the first paved county or primary road.

(y) Outlet or location. For the purpose of this article, an “outlet or location” means an approved location that is regulated pursuant to this chapter, that is operated by a certified producer, in which only the certified producer may directly market their agricultural products to the public.

(z) Enforcing Officer. For the purpose of this article, “an enforcing officer” means the secretary; or any county agricultural commissioner, their deputies, and inspectors, who under the supervision and control of the secretary, are authorized under this division to carry out the enforcement of this chapter.