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§ 2323. On Site Inspection of Organic Input Material Manufacturers.

3 CA ADC § 2323Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 4. Plant Industry (Refs & Annos)
Chapter 1. Chemistry
Subchapter 1. Fertilizing Materials
Article 6. Administrative Penalties
3 CCR § 2323
§ 2323. On Site Inspection of Organic Input Material Manufacturers.
(a) The Secretary shall have free access at reasonable times to all records, premises, production processes, storage facilities, inventories or conveyances that are used in the manufacture, transportation, importation, distribution, storage, or application of any organic input material.
(b) The secretary may accept inspections performed by the following third-party organizations for out-of-state organic input material manufacturers:
(1) Organic material review organizations recognized by the USDA National Organic Program (NOP),
(2) Firms accredited by the International Organization for Standardization,
(3) Certifying agents accredited by the USDA NOP,
(4) Governmental agencies having responsibility in the enforcement of laws regulating the production, distribution, and labeling of fertilizing materials, or
(5) Third-party organizations undergoing departmental training on fertilizing materials inspection protocol.
All inspection records compiled 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 inspection shall be consistent with the secretary's inspection protocol, which requires all locations manufacturing liquid organic input materials with a total nitrogen claim higher than 3% to have at least two inspections per year, one being unannounced. The third-party organization shall notify the department of the date of the inspection at least 72 hours in advance; department representatives may be present at the inspection.
(c) Organic input materials manufacturers shall maintain all the records demonstrating compliance with the NOP standards for a period of five years and submit complete documentation describing all ingredients, manufacturing processes, process control information, laboratory analysis of incoming ingredients and finished products, and other information as required by the Secretary.
(d) For the purpose of determining compliance, the Secretary may do all of the following:
(1) Take samples of any raw ingredients, finished products, and substances.
(2) Take samples at various stages of the manufacturing process.
(3) Make analysis or examinations of any raw ingredients, substances, and organic input material.

Credits

Note: Authority cited: Sections 407, 14502, 14601, 14641 and 14642, Food and Agricultural Code. Reference: Sections 14601 and 14612, Food and Agricultural Code.
History
1. New section filed 2-28-2012; operative 3-29-2012 (Register 2012, No. 9).
2. Amendment filed 6-22-2017; operative 10-1-2017 (Register 2017, No. 25).
3. Amendment of subsection (c) and Note filed 4-13-2020; operative 4-13-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 16).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 2323, 3 CA ADC § 2323
End of Document