Marin County Municipal Code § 23.20 Organic Certification Requirements for Producers of Organic Products

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Editor's note— Ord. No. 3581, § II, adopted Apr. 17, 2012, amended Ch. 23.20 in its entirety to read as herein set out. Former Ch. 23.20, §§ 23.20.010—23.20.060, pertained to similar subject matter and derived from: Ord. 3317, § 1, 2000; Ord. 3400, § 1, 2003; and Ord. No. 3537, § 1, 2010.

(a) The board of supervisors recognizes the importance of agriculture and the promotion of sustainable agricultural practices. The board finds that local certification of organic products is a unique opportunity to encourage, and enhance, existing agricultural operations, as well as ensure the integrity of the existing organic program. A local certification program will assist to verify compliance with national organic standards issued by the United States Department of Agriculture (USDA) National Organic Program (NOP), to provide verification of organic products for consumers, to facilitate and encourage the implementation of organic practices that contribute to a more sustainable management of our agricultural system, and to help ensure local sources of healthy certified organic products for our community.

(b) Therefore, the Board of Supervisors of the County of Marin makes the following findings:

1. Consumer demand for certified organic products is continuing to increase. There is an expectation by consumers that organic products are verifiable. With this in mind, producers of organic products in the county have requested the county's agricultural commissioner develop a certification program to certify their products as organic.

2. Certification of agricultural products will also be a necessary element to fulfill the certification requirements as outlined in the Marin Organic Marketing Program.

3. Local certification of organic products will:

A. Verify the authenticity of agricultural products marketed as organically grown;

B. Enhance the credibility of organic agriculture as a sustainable system;

C. Enhance the preservation of our environment to optimize the health of microorganisms, plants, animals and people;

D. Assure consumers that organically produced products adhere to established laws and standards;

E. Facilitate commerce in fresh and processed food that is organically produced;

F. Encourage organic agriculture in the County of Marin.

(Ord. No. 3581, § II, 2012)

(a) The Marin Organic Certified Agriculture (MOCA) Program is an accredited certifying agency (ACA) by the U.S.D.A. Secretary of Agriculture for the purpose of certifying a production or handling operation. ACA's are required to enforce the Organic Foods Production Act of 1990, as amended (7 U.S.C. 6501 et seq.), including all applicable requirements in 7 CFR Part 205.

(b) Pursuant to California Food and Agricultural Code Section 46000(b), the secretary and county agricultural commissioners under the supervision and direction of the secretary shall enforce regulations adopted by the National Organic Program (NOP) (Section 6517 of the Federal Organic Foods Production Act of 1990 (7 U.S.C. Section 6501 et seq.), and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code and the California Organic Products Act of 2003, applicable to any person selling products as organic within the State of California.

(c) Pursuant to Code of Federal Regulations, Title 7—Agriculture, Subpart G—Administrative, Section 205.642—Fees and Other Charges for Certification, the Agricultural Commissioner's Office, is authorized to charge fees for services provided regarding regulation and certification of products labeled as organic. The amount of said fees may be amended by resolution of the board of supervisors to reimburse the county for the costs incurred by the county for the certification of organic operations by the county agricultural commissioner. The fees established and collected in association with organic certification of organic producers shall not exceed the costs of regulating and enforcing the provisions of this chapter related to the function for which the fee is established.

(Ord. No. 3581, § II, 2012)

A prerequisite to apply for certification under this program is prior registration with the California Department of Food and Agriculture (CDFA) Organic Program as an organic producer and/or handler, and be in compliance with the U.S.D.A. National Organic Standards.

(Ord. No. 3581, § II, 2012)

The certification criteria shall be as provided by the U.S.D.A. National Organic Program and may be found in the Code of Federal Regulations, Title 7—Agriculture, Subpart E—Certification, Section 205.400—General requirements for certification. This information can also be obtained by contacting the agricultural commissioner's office.

(Ord. No. 3581, § II, 2012)

Noncompliances, suspensions, and revocations of certified operations are enforced by MOCA (an U.S.D.A. Accredited Certifying Agency) under the Code of Federal Regulations, Title 7, Part 205, Subpart G—Administrative, Sections 205.600 through 205.665.

(Ord. No. 3581, § II, 2012)