Cal. Code Regs. Tit. 3, § 10701 - Adverse Actions

(a) The department may initiate one or a combination of the following actions on a registration, accreditation, or certification:

(1) Notice of Non-compliance;

(2) Notice of Proposed Suspension;

(3) Notice of Proposed Revocation; or

(4) Notice of Suspension or Revocation.

(b) The registered certifying agent may initiate one or a combination of the following actions on a certification:

(1) Notice of Non-compliance

(2) Notice of Proposed Suspension; or

(3) Notice of Proposed Revocation.

(c) The department may initiate suspension, for a term of no less than six months, or revocation of a certification:

(1) When the department has reason to believe a certified operation has violated or is not in compliance with this chapter; or

(2) When the department has reason to believe a certified operation has violated or is not in compliance with this chapter and the registered certifying agent fails to take appropriate action to enforce this chapter.

(d) The department may initiate suspension or revocation of an accreditation or registration if the registered certifying agent fails to meet, conduct, or maintain accreditation or registration requirements pursuant to this chapter. The suspension term will be no less than six months.

(e) The department may issue administrative fines to certifying agents and certified operations for violations of this chapter. The amount of the fine assessed for each violation shall be based upon the scope of the violation, the seriousness of the deception, and the impact of the fine on the violator, including the deterrent effect on future violations.

(1) Up to $17,952.00 per violation for knowingly labeling or selling a product as:

(A) "OCal," except in accordance with this chapter, or

(B) "Organic," except in accordance with the Organic Foods Production Act of 1990.

(2) Up to $20,000.00 per violation with a Proposed Suspension or Revocation, a Suspension or Revocation, or in response to a Willful violation

(3) The department shall receive payment of fines no more than 30 calendar days past the date of notification unless the fine is being appealed.

(4) All fines shall be paid prior to consideration for reinstatement or renewal of accreditation or registration, regardless of due date.

(f) All correspondence issued pursuant to sections 10702, 10703, 10704, and 10705 of this chapter and responses to correspondence shall be sent to the recipient's place of business via a delivery service which provides dated return receipts.

Notes

Cal. Code Regs. Tit. 3, § 10701

1. New section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).

Note: Authority cited: Sections 26012, 26013, 26030 and 26031.5, Business and Professions Code. Reference: Sections 26013, 26031, 26062 and 26062.5, Business and Professions Code.

1. New section filed 7-14-2021; operative 7/14/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).