FAC 14534 Fish Emulsion

When a product is labeled as fish emulsion, it shall contain a minimum of 40 percent total solids.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14591 Unlicensed Manufacturer

Manufacturer is not licensed to manufacture or distribute fertilizing materials in California from this business location.

X

Notice of warning/notice of violation for the first violation with 30 days to comply, after which penalties for the second and subsequent violations would apply. $500 for the second violation. $1,000 for each subsequent violation.

FAC § 14601 Unregistered Product

Product is not registered for sale in California.

X

Notice of warning/notice of violation for the first violation with 30 days to comply, after which penalties for the second and subsequent violations would apply. $500 for the second violation. $1,000 for each subsequent violation.

FAC § 14611 Mill Assessments

Any licensee whose name appears on the label who sells or distributes fertilizing materials to unlicensed purchasers, shall pay to the secretary an assessment not to exceed two mills ($0.002) per dollar of sales for all fertilizing materials.

X

For non-submittal of each quarterly mill assessment, the first violation shall receive a notice of warning/notice of violation with 30 days to comply, after which penalties for the second and subsequent violations would apply. $1,000 for each subsequent violation.

Any delinquent payment is subject to a penalty of 15 percent of the delinquent payment.

FAC § 14623 Tonnage

The tonnage report shall be submitted to the secretary semiannually not later than January 31 and July 31 of each year. The secretary shall impose a penalty in the amount of two hundred dollars ($200) on any person who does not submit the report on or before those dates.

X

$200 for non-submittal for each semiannual report.

FAC § 14631 Unlabeled Product (Label shall accompany each shipment)

Every lot, parcel or package of fertilizing material distributed into or within California shall be accompanied by a label.

X

Notice of warning/notice of violation for the first violation with 30 days to comply, after which penalties for the second and subsequent violations would apply. $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation.

FAC § 14641 Access to records and premises

The secretary shall have free access at reasonable times to all records, premises, production processes, or conveyances that are used in the manufacture, transportation, importation, distribution, storage, or application of any fertilizing material.

X

Violations are punishable at $5,000.

FAC § 14642 Sampling and access to facility

The secretary shall, at the times and to the extent necessary for the enforcement of this chapter, do all of the following:

X

Violations are punishable at $5,000.

(a) Take samples of any substance.

(b) Make analyses or examinations of any substance.

(c) Conduct investigations concerning the use, sale, adulteration or misbranding of any substance.

(d) Inspect the fertilizing material manufacturing facilities and take samples at various stages of production to verify label and labeling claims and production processes.

FAC § 14655 Movement of Quarantine

(a) Any lot of fertilizing material for which a hold order or notice is issued shall be held by the person having control of the material and shall not be distributed or moved except under the specific directions of the secretary, pending final disposition pursuant to this chapter. This does not prevent the person who has control of the material from inspecting any seized material or from taking a reasonable sample for evidence while in the presence of a person designated by the secretary.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14681(a) Misbranded Product (Misleading Label)

No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed misbranded if its label is false or misleading in any particular way.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14681(b) Misbranded Product (False Distribution)

No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed misbranded if it is distributed under the name of another fertilizing material.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14681(c) Misbranded Product (Not Labeled as Required)

No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed to be misbranded if it is not labeled as required by regulations.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14682(a) Adulterated Product (Harmful to Plants)

No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed to be adulterated if it contains any deleterious or harmful ingredient in sufficient amounts to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life are not indicated on the label.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14682(b) Adulterated Product (Composition)

No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed adulterated if its composition falls below or differs from that which it is purported to possess by its labeling.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14682(c) Adulterated Product (Unwanted crop or weed seed)

No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed adulterated if it contains unwanted crop seed or weed seed.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14682(d) Adulterated Product (Threat to Public Safety)

No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed to be adulterated if it is a threat to public safety.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

FAC § 14682(e) Adulterated Product (Organic Input Material)

No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed to be adulterated if an organic input material contains ingredients that, in any type or amount, do not comply with the requirements of the National Organic Program standards.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2300(e) Zero Guarantees

“Zero” guarantees shall not appear in the guaranteed analysis statement.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC .§ 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2300(f) Brand Names

Brand names, trade names, and trademarks are prohibited in the derivation statement or list of ingredients.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2300(g) No State of California Endorsement

The statement “State of California approved” or other indication of official approval is prohibited in labeling and advertising unless allowed for organic input material.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2300(h) Boron (B) Warning Statement

A warning or caution statement shall appear on the label of any commercial fertilizer or agricultural mineral product which contains 0.1 percent or more by weight of Boron in water soluble form. This statement shall carry the word “WARNING,” “CAUTION,” “ATTENTION,” or “NOTICE,” conspicuously displayed, and shall state the crop(s) for which the fertilizing material is to be used or state that the use of the fertilizing material on any crops other than those recommended may result in serious injury to the crop(s).

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2300(i) Molybdenum (Mo) Warning Statement

Except for products labeled only for indoor or hydroponic use, a warning or caution statement shall appear on the label of any commercial fertilizer or agricultural mineral product which contains 0.001 percent or more by weight of molybdenum (Mo). This statement shall carry the word “WARNING,” “CAUTION,” “ATTENTION,” or “NOTICE,” conspicuously displayed, and the statement that the application of fertilizing materials containing molybdenum (Mo) may result in forage crops containing levels of molybdenum (Mo) which are toxic to ruminant animals.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2300(j) Ingredient Outside Guaranteed Analysis

When the name of a fertilizing material ingredient appears on the label, that ingredient shall be represented in the guaranteed analysis statement and derivation statement, or statement of composition or list of ingredients.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2300(k)(2) Product Composition Change Notification

For registered fertilizing materials, the manufacturer shall notify the secretary of any changes in the information on file regarding the product's composition within 30 days of the change.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply, after which penalties for the second and subsequent violations would apply. $500 for the second violation. $1,000 for each subsequent violation.

3 CCR § 2300(l) Disclosure of Product Composition

The manufacturer shall submit the required information regarding the composition of fertilizing materials.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply, after which penalties for the second and subsequent violations would apply. $500 for the second violation. $1,000 for each subsequent violation.

3 CCR § 2301 Use of Numerals to Describe Guaranteed Analysis

When any series of numerals are used in labeling of or in advertising to describe the formula or analysis, or in connection with the name, brand, or trademark, such numerals shall be arranged so that the first will be the guaranteed percentage of nitrogen; the second, the guaranteed percentage of available phosphoric acid; and the third, the guaranteed percentage of soluble potash. The guaranteed percentages shall be consistent with the guaranteed analysis.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2302(a) Heavy Metals (As, Cd, Pb) Violation

Inorganic commercial fertilizer and agricultural minerals with iron, manganese, phosphates, or zinc shall not exceed the concentrations of non-nutrient metals.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2302(a) (4)-(5) Heavy Metals Violation (Specialty Fertilizer)

Specialty fertilizers with iron, manganese, phosphates, or zinc shall not exceed the concentrations of non-nutrient metals.

X

$1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(a) Product Name

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the product name.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(b)(1) Net Weight (Dry)

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the net weight of dry materials (not required for soil amendments). US and metric units are required on dry materials, except those distributed with a weight certificate.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(b) (2) Volume

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the volume of organic input material bulk soil amendments, packaged soil amendments, and liquid materials US and metric units are required on organic input material bulk soil amendments, packaged soil amendments, and liquid materials, except those distributed with a weight certificate.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(b) (3) Density and Temperature (Liquid Bulk)

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the density (pounds per gallon at 68 degrees Fahrenheit), for bulk liquids only.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(c) Grade (Commercial Fertilizer Labels)

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the grade (for commercial fertilizer labels only).

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(d) Licensee's Name and Address on Label

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the licensee's name and address.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(d)(1) Last Licensee as Label Guarantor

For bulk commercial fertilizers and bulk agricultural minerals, the last licensee distributing the fertilizing material is required to be represented as the label guarantor.

X

First violation shall receive a notice of warning / notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(e) Purpose Statement

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the purpose of the product (for auxiliary soil & plant substances, packaged agricultural minerals, packaged soil amendments, and specialty fertilizers).

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(f) Directions for Use

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the directions for use (for auxiliary soil and plant substances, packaged agricultural minerals, packaged soil amendments and specialty fertilizers).

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(g) Non Plant Food Ingredient Statement

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include the statement “NONPLANT FOOD INGREDIENT” printed in capital letters (for auxiliary soil and plant substance products).

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(h) Statement of Composition

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include a statement of composition showing the percent of each active ingredient, which is the agent in the product primarily responsible for the intended effects (for auxiliary soil and plant substances). The statement shall follow the required format.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(i) Guaranteed Analysis on Label

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include a guaranteed analysis using the correct format, terminology and order.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(i)(2) Secondary and Micronutrients

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include a guaranteed analysis of secondary and micronutrients (if claimed) using the correct format at or above the established minimum values.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(i)(3) Liming Material Guarantees

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include a guaranteed analysis of liming material guarantees (if claimed) using the correct format at or above the established minimum values.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(i)(4) Gypsum Guarantees

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include a guaranteed analysis of gypsum guarantees (if claimed) using the correct format.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(i)(5) Gypsum Equivalent Guarantees

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include a guaranteed analysis of gypsum equivalent guarantees (if claimed) using the correct format.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(j) Derivation Statement

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include a derivation statement directly following the last nutrient guarantee (for commercial fertilizers and agricultural mineral labels).

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(j)(1) Abbreviations

Abbreviations shall not appear in the derivation statement, with the exception of chelating agents.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(j)(2) Liming Materials

For liming materials, the derivation statement shall follow the last guarantee.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(k) List of Ingredients

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include a list of ingredients in decreasing amounts present (for packaged soil amendments and organic input material bulk soil amendments).

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(l) Nonplant Food Ingredient Statement

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include that the format and guarantees shall appear after the derivation statement of agricultural mineral and commercial fertilizer labels: “ALSO CONTAINS NONPLANT FOOD INGREDIENT(S):”.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(m) Additional Information within Guaranteed Analysis

Additional information, other than secondary or micronutrient guarantees, shall not appear in the guaranteed analysis statement.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(n) Forms of nitrogen (N) adding to Total N

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include that the guarantees for the forms of nitrogen must add up to the total nitrogen guarantee claimed and are recommended in the order appearing in the format shown in section 2303(i)(1).

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(o) Zeros Before Decimal Point

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include that zeros are required before the decimal points when less than one percent.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(p) Labels for Packaged Products

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include that, for packaged products, the information found in section 2303(a) through (o) shall either:

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

(1) Appear on the label, or

(2) Be printed on a tag and attached to the package. This information shall be in a conspicuous form.

3 CCR § 2303(q) Labels for Bulk Products

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include that, for bulk products, the information found in section 2303(a) through (o) shall be in written or printed form and shall accompany the delivery. This information shall be in a conspicuous form.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(r) Heavy Metal Statement (Base Ingredients)

The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code shall include that the manufacturer of any base fertilizing material ingredient that claims iron, manganese, zinc or phosphates shall provide a guarantee statement that the product does not exceed standards established for arsenic, cadmium and lead, located in 3 CCR Section 2302.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(s)(1) Heavy Metal Informational Statement on the Label, or a Website or Phone Number for the Data

In lieu of stating the metals on the label, provide either a licensee maintained website that contains no advertising or company specific information, direct link to a government website or provide a toll free number.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2303(u) Inaccurate Heavy Metals Information

The publication of inaccurate information regarding the contents and levels of metals is a misbranding violation pursuant to Section 14681 of the Food and Agricultural Code.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2304 Biotics

The label of each product which contains organisms, enzymes, or other by-products of organisms for which claims are made shall state:

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

(1) Species name of each microorganism, name of each enzyme, or organism by-product, if claimed as part of the statement of composition

(2)(A) The number of viable units of each microorganism per cubic centimeter, milliliter, or gram.

(B) The number of activity units of each enzyme per cubic centimeter, milliliter, or gram.

(C) The concentration in percentage of each organism by-product.

(3) The expiration date for use.

(4) Storage conditions

3 CCR § 2305(a) Chelating Agents (Name)

Label chelation claims shall state the name of the chelating agent.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2305(b) Chelating Agents (Analysis)

The percent of guaranteed chelated micronutrient content shall be stated within the guaranteed analysis.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2306 Biochar

a) When biochar appears on the label in the statement of composition or in an ingredient list, the feedstock shall be designated by prefixing the term biochar with the feedstock from which it was produced. When more than one feedstock is used, all feedstocks greater than 10% shall be listed in order of decreasing amounts present.

X

First violation shall receive a notice of warning / notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

b) A laboratory analysis for total carbon is required for registration to verify that the ingredient meets the definition of biochar as stated in § 14513.5 of the FAC. The laboratory analysis results shall be no more than five (5) years old at the time of registration/renewal approval.

3 CCR § 2308(a) Packaged Soil Amendments (Volume)

Packaged soil amendments shall be measured by volume (quarts/cubic feet). If other measurement information is shown, it shall be in parentheses following the volume statement.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2308(b) Packaged Soil Amendments (Composition Claims)

No claim shall be made for chemical composition or nutritive constituents, except as provided in (d) and (f) of this section.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2308(c) Packaged Soil Amendments (Composition)

When a packaged soil amendment is labeled as a specific material, such as peat moss or leaf mold, the product shall consist of not less than 95 percent of that material.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2308(d) Packaged Soil Amendments (Nitrogen Fortification)

Organic products such as bark, wood chips, wood sawdust and peat or peat moss claimed to be nitrogen fortified, nitrogen stabilized, or with other terms to inform that the product contains nitrogen added to compensate for nitrogen likely to be taken from soil due to the amendments decomposition therein, are soil amendments when such additional nitrogen is 0.5 percent or less. Any claim for such nitrogen stabilization or fortification or similar term made on the label of a packaged soil amendment shall be accompanied by a statement of the total percent of nitrogen contained therein.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2308(e)(1) Packaged Soil Amendments (Wetting Agents)

The claim “wetting agent added” can be made without guaranteeing the specific wetting agent or the percentage of such, but the chemical name of the wetting agent must be submitted at the time of registration along with the analytical method.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2308(g) Packaged Soil Amendments (pH guarantee)

If reference is made to the acidity or alkalinity of the product, or its influence on the soil, the range or specific pH of the product must be guaranteed.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2309 Phosphorous materials

(a) Products that contain phosphorous acid shall state on the label the percentage of “Total Phosphoric Acid”, upon conversion of phosphorous acid. In addition, the label shall state the following:

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

(1) Phosphorous acid products are for use as a supplemental fertilizer treatment.

(2) Upon foliar application, the phosphite ions are taken up directly by the plant foliage and may undergo a degree of conversion to phosphate ions, or will be used directly by plants, as phosphite ions.

(3) As a soil application to annual crops, a lesser response from the initial crop, with a corresponding superior response from succeeding crops, may be observed. In addition, placement close to seeds or root zones may be injurious to crops. The effect may be aggravated by a soil pH below 6.5.

(A) The grade of a product containing phosphorous acid shall either possess an asterisk by the available phosphoric acid percentage expressed as total phosphoric acid (X--X*--X) or it shall represent the amount of guaranteed available phosphoric acid (“0”, if no available phosphoric acid is guaranteed). The asterisk from the grade shall also appear in front of the statements described in (1), (2), and (3) of this section.

(b) Products that contain Phosphoric acid shall state on the label the percentage of “Available Phosphbric Acid”. If, in addition, a percentage of “Total Phosphoric Acid” is stated, the percentage of “Insoluble Phosphoric Acid” (Citrate-Insoluble Phosphorus) must be stated immediately below.

3 CCR § 2311(a) Slow Release (Claims)

The label shall not state or imply that a plant nutrient or micronutrient contained in a fertilizer is released slowly over a period of time, unless such nutrients or micronutrients are identified and guaranteed.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2311(b) Slow Release (Accepted Products)

The types of slow released products recognized are:

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

(1) Water insoluble (N products only), such as natural organics, urea formaldehyde, isobutylidene diurea and oxamide.

(2) Coated slow release such as sulfur coated urea and other encapsulated soluble fertilizers.

(3) Products containing water soluble nitrogen such as ureaform materials, urea formaldehyde products, methylenediurea (MDU), dimethylene triurea (DMTU), dicyanodiamide (DCD).

(4) Occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles. The terms “water insoluble”, “coated slow release”, “slowly available water soluble” and “occluded slow release” are accepted as descriptive of these products provided the claim is substantiated by a research study as required by section 2300(b).

(5) Products containing phosphorous acid such as potassium phosphite and ammonium phosphite which undergo a degree of conversion in plants or soils to available phosphoric acid (P₂O₅).

3 CCR § 2311(c) Slow Release (Minimum Percentage)

When slowly released nutrients are less than 15 percent of each total of the guarantee for either total nitrogen (N), available phosphoric acid (P₂O₅), or soluble potash (K₂O), as appropriate, the label shall not refer to slow release of the materials.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2312 Gypsum equivalent

Any of the following four compounds, Hydrated Calcium Sulfate, Anhydride Calcium Sulfate, Hydrated Calcium Sulfite, and Anhydride Calcium Sulfite singly or in combination, shall be expressed as a percent gypsum equivalent on the label.

X

First violation shall receive a notice of warning/notice of violation with 30 days to comply. For each subsequent violation, the violations matrix for FAC § 14681(a) and/or (c) applies as follows: $1,000 for the second violation. $2,500 for the third violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2314 Subsamples

Subsamples shall be provided to interested parties after laboratory analysis by the department, with the condition that the requesting parties agree to provide analytical results of the subsample to the Department of Food and Agriculture, Feed, Fertilizer and Livestock Drug Branch within 21 days of receipt.

X

For non-submittal of analytical results, the first violation shall receive a notice of warning/notice of violation with 30 days to comply, after which penalties for the second and subsequent violations would apply. $500 for second violation. $1,000 for each subsequent violation.

3 CCR § 2319 Experimental Use of a Fertilizing Material

Experimental use of a fertilizing material for noncommercial value is exempt from registration when all of the following conditions have been satisfied:

X

$1000 for the first violation. $2500 for the second violation. $5000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

(a) The material shall not be sold.

(b) The material shall be conspicuously identified on the display panel as “EXPERIMENTAL USE ONLY”.

(c) The user(s) or recipient(s) of the material shall be documented by the manufacturer.

(1) Documentation shall be retained and available to the secretary upon request for at least three years from date the material was provided.

3 CCR § 2320 Registration

In addition to requirements found in Section 14601 of the Food and Agricultural Code, the following information is required. Each auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment, specialty fertilizer, and organic input material shall be registered in the name of the legal entity or person whose name appears on the label before being distributed in this state. These materials shall not be distributed or sold unless the product is registered.

X

The penalties shown in the violations matrix for FAC § 14601 apply as follows: Notice of warning/notice of violation for the first violation with 30 days to comply, after which penalties for the second and subsequent violations would apply. $500 for the second violation. $1,000 for each subsequent violation.

(b)(2)(A) Production Location for OIM Product Manufacturing

The complete formula shall provide the accurate manufacturing/production location(s) for the final product.

X

The penalties shown in the violations matrix for FAC § 14681(a) and/or (c) apply as follows: $1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2320.3 (a)(1) Organic Input Material Registration (Claims of compliance to the NOP)

A fertilizing material shall be considered to be an organic input material requiring label registration if the fertilizing material is making claims of compliance to the United States Department of Agriculture, National Organic Program (NOP) standards, or claims for use in organic crop and food production, including but not limited to, submission by the supplier, distributor, or manufacturer for listing by a third-party organic input material review organization recognized by the NOP.

X

The penalties shown in the violations matrix for FAC § 14681(a) and/or (c) apply as follows: $1,000 for the first violation. $2,500 for the second violation $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2320.3 (a)(2) Organic Input Material Registration (Claims on labels, literature, website, social media, etc.)

A fertilizing material shall be considered to be an organic input material requiring label registration if the fertilizing material includes claims on labels, labeling, literature or extensions of labels, such as websites or social media outlets, or other electronic or verbal communications that the products are suitable for use in organic crop and food production system.

X

The penalties shown in the violations matrix for FAC § 14681(a) and/or (c) apply as follows: $1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

3 CCR § 2320.4 Use of the term “Organic”

(a) Fertilizing material labels and/or labeling displaying the term “organic” in the licensee's name on the label, logos, slogans, or brand names, shall be registered as an organic input material or shall comply with subsection (c) by December 31, 2015.

X

The penalties shown in the violations matrix for FAC § 14681(a) and/or (c) apply as follows: $1,000 for the first violation. $2,500 for the second violation. $5,000 for each subsequent violation. For violations that arise from fraud, willful misconduct, gross negligence, or are a threat to public safety, the secretary shall assess a penalty of $5,000 for the initial or any subsequent violation.

(b) Label and labeling claims implying that a product is suitable for organic crop and food production shall be registered as an organic input material or shall comply with subsection (c). Organic claims include, but are not limited to, the following: Organic gardening, certified organic, and compliance with National Organic Program (NOP) standards.

(c) The use of the term “organic” on fertilizing materials labels and/or labeling, as described in sections (a) and (b) of this section, not meeting the NOP standards shall include one of the following declarations: “NOT FOR USE IN ORGANIC CROP AND ORGANIC FOOD PRODUCTION IN THE STATE OF CALIFORNIA.” or “NOT FOR USE IN ORGANIC CROP AND ORGANIC FOOD PRODUCTION.”

(1) The declaration shall appear in the principal display panel of the label, as well as on any labeling, including webpages or marketing material, that identify applicable products.

(2) The declaration shall be in such a style of type of lettering as to be clearly and conspicuously presented with respect to other type, lettering, or graphic material on the label.

3 CCR § 2323(a) Organic Input Material Inspections (Access to Records & Premises)

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.

X

Violations are punishable at $5000.

3 CCR § 2323(c) Organic Input Material Inspections (Maintaining Records)

Organic input material 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.

X

Violations are punishable at $5000.

3 CCR § 2323(d) Organic Input Material Inspections (Sampling)

For the purpose of determining compliance, the secretary shall do all of the following:

X

Violations are punishable at $5000.

(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.

3 CCR § 2324 Access for Sampling

Authorized staff may take a sample for analysis from any lot of fertilizing material which is in the possession of any producer, manufacturer, distributor importer, agent, dealer, retailer, or user.

X

Violations are punishable at $5000.

3 CCR § 2325 Records Maintenance and Audit

Each licensee shall maintain in this state, or with the secretary's permission at another location, an accurate record of all transactions subject to assessment. These records shall be maintained for a period of not less than three years following the transaction and are subject to audit by the secretary. Records of all transactions subject to assessment shall be made available upon request.

X

$500 for the first violation. $1000 for each subsequent violation.

3 CCR § 2326.1 Mill Assessment Rates

(a) A licensee whose name appears on the label who sells or distributes bulk fertilizing materials, as defined in Food and Agricultural Code Sections 14517 and 14533, to unlicensed purchasers, shall pay to the secretary an assessment of two mills ($0.002) per dollar of sales for all sales of fertilizing materials. A licensee whose name appears on the label of packaged

X

The penalties shown in the violations matrix for FAC § 14611 apply as follows: For non-submittal of each quarterly mill assessment, the first violation shall receive a notice of warning/notice of violation with 30 days to comply, after which penalties for the subsequent violations would apply. $1,000 for each subsequent violation.

fertilizing materials, as defined in Food and Agricultural Code Sections 14533 and 14551, shall pay to the secretary an assessment of two mills ($0.002) per dollar of sales of all sales of fertilizing materials.

Any delinquent payment is subject to a penalty of 15 percent of the delinquent payment.