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ANIMAL HEALTH AND FOOD SAFETY SERVICES 
PROPOSED REGULATIONS 
ANIMAL CONFINEMENT 
The Department of Food and Agriculture, Animal Health and Food Safety Services 
Division, proposes to adopt Chapter 10 of Division 2 of Title 3 of the California Code of 
Regulations, as specified below. 
1) Adopt Chapter 10 of Division 2 of Title 3 of the California Code of Regulations, to read as 
follows: 
Chapter 10. Animal Confinement. 
2) Adopt Article 1 and sections 1320 through 1320.1 0 of Chapter 10 of Division 2 of Title 3 of the 
California Code of Regulations, to read as follows: 
Article 1. Egg -laying Hens. 
Section 1320. Definitions. 
Unless the context otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand: 
(a) “Act” means the Farm Animal Cruelty statute , as amended ( Chapter 13.8 
(commencing with section 25990) of Division 20 of the Health and Safety Code .). 
(b) “Audit trail” means r ecords that are in sufficient detail to document the identification, 
source, supplier, transfer of ownership, transportation, storage, segregation, handling, 
packaging, distribution , and sale of shell eggs or liquid eggs that were derived from an egg -
laying hen confined in compliance with sections 25991 and 25992 of the Health and Safety 
Code and this Article , and from egg producers that hold a valid certification as a certified 
operation issued pursuant to Article 5 of this Chapter . 
(c) “Certified operation” means as defined in section 1326(e) of this Chapter. 
(d) “Certifying agent” means as defined in section 1326(f) of this Chapter. 
(e) “Commercial sale” for purposes of section 25991(o) of the Health and Safety Code 
and this Article means to sell, offer for sale, expose for sale, possess for sale, exchange, barter, 
trade , transfer possession, or otherwise distribute in California commerce including, but not 
limited to, transactions by a retailer with a consumer and electronic transactions made using the 
internet. It shall not include any of the following transactions or tra nsfers of possession:       
              
       
       
           
         
               
           
 
      
         
     
         
            
    
          
             
             
          
 
           
        
        
         
  
         
          
             
          
       
          
          
           
          
      (1) Shell eggs or liquid eggs produced outside of the state that enter and exit California, 
without additional processing or repackaging, exclusively for purposes of transshipment or 
export for human consumption outside of the state ; 
(2) Any sale of shell eggs or liquid eggs undertaken on the premises of an official plant 
at which mandatory inspection is provided under the federal Egg Products Inspection Act (21 
U.S.C. Sec. 1031 et seq.) and that holds an Egg Products establishment nu mber (prefix “G”) 
granted by the Food Safety Inspection Service of the United States Department of Agriculture ; 
or 
(3) Donations to religious, charitable, scientific, educational, or other nonprofit 
organizations that have a tax exemption under section 501(c)(3) of the Internal Revenue Code 
(26 U.S.C. ). 
(4) The exception to definition of commercial sale applies only to a specific transaction 
listed above , not to the covered product itself , and therefore does not apply to all subsequent 
sales o f shell eggs or liquid eggs. 
(f) “Consumer” means any person who purchases shell eggs or liquid eggs, as defined in 
section s 25991(l) and (p) of the Health and Safety Code and this Article, for the sole purpose of 
their own family use or consumption, or that purchases or consumes shell eggs or liquid eggs at 
a restaurant, food facility , or other similar business that serves cooked eggs to customers or 
patrons. 
(g) “Container” means any box, case, basket, tote, can, carton, sack, pouch, ba g, 
package, wrapper, receptacle , or any other device which is used to facilitate the handling, 
distribution, transportation , or commercial sale of shell eggs or liquid eggs. 
(h) “Cottage food operation” means an establishment as defined in section 113758 of the 
Health and Safety Code. 
(i) “Department” means the California Department of Food and Agriculture. 
(j) “Document of title” means a document which in the regular course of business or 
financing is treated as adequately evidencing that the person in possession of it is entitled to 
receive, hold, and dispose of the document and the shell eggs or liquid egg s it covers. 
Examples of such document include bill of lading, dock warrant, dock receipt, warehouse 
receipt, or an order for the delivery of shell eggs or liquid eggs. 
(k) “Egg distributor ” means a person or facility engaged in the business of commercial 
sales or distribution of shell eggs or liquid eggs (as an egg producer or otherwise) to an end -
user in California. This definition shall not apply to a person or facility that only receives shell 
eggs or liquid eggs as an end -user. 
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 (l) “Egg -laying hen ” means any female domesticated chicken, turkey, duck, goose, or 
guineafowl kept for the purpose of egg production pursuant to section 25991(g) of the Health 
and Safety Code. For purposes of this subsection and this Article, a hen kept for egg 
production means a sexually mature female confined for the purpose of laying eggs which are 
intended for use as human food as shell eggs or liquid eggs . 
(m) “Egg producer” means a person engaged in the business of producing eggs from 
domesticated chickens, turkeys, ducks, geese , or guineafowl. This definition shall not apply to 
an official plant inspected under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 
et seq.) and that holds an establishment number (prefix “G” ) granted by the Food Safety 
Inspection Service of the United States Department of Agriculture . 
(n) “Enclosure” means a structure used to confine a covered animal or animals. For 
purposes of this subsection and this Article, a structure means any cage, crate, pen, or other 
construct ion used to confine an egg -laying hen. 
(o) “End -user” means any of the following: 
(1) A consumer ; 
(2) A retailer that is not an egg producer and only conducts commercial sales directly to 
a consumer, without any further distribution, of shell eggs or liquid eggs that were purchased or 
received from an egg distributor ; 
(3) A food processing facility or cottage food operation that receives shell eggs or liquid 
eggs solely for use as an ingredient to manufacture a combination food product that does not 
meet the definition of a shell egg or liquid egg as defined in this Article ; or 
(4) A restaurant, food fa cility, or other similar business that only cooks and serves shell 
eggs or liquid eggs to customers, patrons , or guests for purposes of consumption. 
(p) “Enforcement officer” means any of the following: 
(1) Persons employed by and under the supervision and control of the Department ; or 
(2) Persons employed by and under the supervision and control of the Department of 
Public Health. 
(q) “Flavoring” for purposes of section 25991(l) of the Health and Safety Code and this 
Article means any substa nce, whether artificial or natural, the function of which is to impart 
flavor rather than nutrition, but includes milk and butter, and includes the substances listed and 
described in sections 172.510, 172.515(b), 182.10, 182.20, 182.40, and 182.50, and Part 184 of 
Title 21 of the Code of Federal Regulations. 
(r) “Food facility” means a facility as defined in section 113789 of the Health and Safety 
Code. 
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     (s) “Food processing facility” means a facility as defined in section 109947 of the Health 
and Safety Cod e. 
(t) “In its shell form” for purposes of section 25991(p) of the Health and Safety Code and 
this Article means an egg as developed, proportioned and shaped in the shell by an egg -laying 
hen, whether it is in the shell, raw, pasteurized in the shell, tre ated in the shell, hardboiled , or 
otherwise cooked in whole form, peeled, co -packaged with other foods, or subsequently sold 
sliced, chopped or otherwise cut. 
(u) “Liquid eggs” means the product defined in section 25991(l) of the Health and Safety 
Code, whether it is raw or pasteurized, co -packaged with other foods, or sold frozen, dried, 
freeze -dried, or as a cooked patty, puck, or other cooked form, and shall in clude all of the 
following: 
(1) Liquid eggs as described by section 160.115 of Title 21 of the Code of Federal 
Regulations ; 
(2) Dried eggs as described by section 160.105 of Title 21 of the Code of Federal 
Regulations ; 
(3) Frozen eggs as described by section 160.110 of Title 21 of the Code of Federal 
Regulations ; 
(4) Egg whites as described by section 160.140 of Title 21 of the Code of Federal 
Regulations ; 
(5) Dried egg whites as described by section 160.145 of Title 21 of the Code of Federal 
Regulations ; 
(6) Frozen egg whites as described by section 160.150 of Title 21 of the Code of Federal 
Regulations ; 
(7) Egg yolks as described by section 160.180 of Title 21 of the Code of Federal 
Regulations ; 
(8) Dried egg yolks as d escribed by section 160.185 of Title 21 of the Code of Federal 
Regulations ; 
(9) Frozen egg yolks as described by section 160.190 of Title 21 of the Code of Federal 
Regulations ; 
(10) Any mixture, irrespective of proportions, of two or more of the products specified in 
this subsection ; 
(11) Any product, or mixture of products, specified in this subsection to which has been 
added no more than sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers , 
or other similar food additives ; and 
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   (12) Any product represented to the customer as, or bearing the statement of identity of, 
liquid eggs , or any of the products specified in this subsection on the product label a ccording to 
section 101.3 of Title 21 of the Code of Federal Regulations. 
(v) “Pasteurized” means a pasteurization process applied to eggs in the shell or liquid 
eggs by any method approved by the United States Food and Drug Administration, United 
States D epartment of Food and Agriculture, the Department of Public Health, or the 
Department. 
(w) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability company, corporation, estate, trust, receiver, or syndicate. 
(x) “Principal display panel” means that part of a label that is most likely to be displayed, 
presented, shown, or examined under customary conditions of display for retail sale . 
(y) “Retailer” means a facility location that conducts commercial sales of shell eggs or 
liquid eggs to a consumer. 
(z) “Seasoning” for purposes of section 25991(l) of the Health and Safety Code and this 
Article is synonymous with the term “spice” and means any aromatic vegetable substance in the 
whole, broken, diced , or ground form , whose primary function in food is seasoning rather than 
nutritional and from which no portion of any volatile oil or other flavoring principle has been 
removed. Spices include onions, garlic, peppers, and the spices listed in section 182.10, and 
Part 184 of Title 21 of the Code of Federal Regulations. 
(aa) “Shell egg” means a whole egg of an egg-laying hen in its shell form, intended for 
use as human food pursuant to section 25991(p) of the Health and Safety Code. 
Note: Authority cited: Section 25993, He alth and Safety Code. Reference: Sections 25990, 
25991, 109947, 113758, and 113789, Health and Safety Code; Title 21, Part 101, section 101.3, 
Part 160, sections 160.105, 160.110, 160.115, 160.145, 160.150, 160.180, 160.185, and 
160.190 , Part 172, sections 172.510 and 172.515(b), Part 182 , sections 182.10, 182.20, 182.40, 
182.50 , and Part 184, Code of Federal Regulations; Egg Products Inspection Act, 21 U.S.C. 
section 1031 et seq. ; and Internal Revenue Code, 26 U.S.C. section 501(c)(3). 
Section 1320.1. Egg-laying Hen Confinement. 
(a) No egg producer or egg distributor shall knowingly sell or contract to sell within the 
state a shell egg or liquid egg for human consumption if it is the product of an egg -laying hen 
that was confined in an enclosure that fails to comply with all of the following standards: 
(1) Prior to January 1, 2022, an enclosure shall provide a minimum of 144 square inches 
of usable floorspace per hen ; 
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              (2) Commencing January 1, 2022, an enclosure shall be a cage -free housing system 
that complies with all of the following: 
(A) The enclosure shall be an indoor or outdoor controlled environment within which 
hens are free to roam unrestricted ; 
(B) The enclosure shall provide enrichments that allow hens to exhibit natural behaviors, 
including, at a minimum, scratch areas, perches, nest boxes, an d dust bathing areas ; 
(C) Employees can provide care while standing within the egg -laying hens’ usable 
floorspace ; 
(D) And t he enclosure shall provide the minimum amount of usable floorspace per hen 
required by the 2017 edition of the United Egg Producers’ Animal Husbandry Guidelines for 
U.S. Egg-laying flocks as follows: 
(i) Multitiered aviaries in which hens have access to multiple elevated platforms shall 
provide a minimum of one (1) square foot of usable floorspace per hen ; 
(ii) Partially slatted system s in which hens have access to elevated flat platforms shall 
provide a minimum of one (1) square foot of usable floorspace per hen ; 
(iii) Single -level all -litter floor systems bedded with litter in which hens have limited or no 
access to elevated flat plat forms shall provide a minimum of one and one -half (1.5) square feet 
of usable floorspace per hen ; and 
(iv) Any other cage -free housing system not described in this section shall provide a 
minimum of one (1) square foot of usable floorspace per hen in syste ms that provide hens with 
access to vertical space and shall provide a minimum of one and one -half (1.5) square feet of 
usable floorspace per hen in systems that do not provide hens access to vertical space. 
(3) For purposes of this section “usable floorsp ace” means the total square footage of 
floorspace provided to each egg -laying hen, as calculated by dividing the total square footage of 
floorspace provided to egg -laying hens in an individual enclosure by the number of egg -laying 
hens in that individual e nclosure. Usable floorspace shall include both ground -space and 
elevated level flat platforms upon which hens can roost but shall not include perches or ramps ; 
and 
(4) Exceptions as specified in section 25992 of the Health and Safety Code and Article 4 
of this Chapter apply to the requirements of this section . 
(b) Commencing January 1, 202 3, any person engaged in business in this state as an 
egg producer, or any out -of-state egg producer that is keeping, maintaining, confining and 
housing an e gg-laying hen for the purposes of egg production for human food as shell eggs or 
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      liquid eggs in California, shall hold a valid certification issued pursuant to Article 5 of this 
Chapter as a certified operation. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991 , and 25992 , Health and Safety Code. 
Section 1320.2. Egg Distributor Registration. 
(a) Any person engaged in business in this state as an egg distributor , or any out -of-
state egg distributor conduc ting commercial sales of shell eggs or liquid eggs into California for 
purposes of human food use in the state, shall register with the Department pursuant to this 
Article. 
(b) Any person required to register pursuant to this section shall submit an application for 
registration provided by the Department including the following information: 
(1) Business name, physical address of distribution operation , mailing address, phon e 
number, email address, website address, federal tax identification number , and name , phone 
number and email of person authorized to act on the applicant’s behalf . 
(2) Description of the type(s) of shell eggs and liquid eggs distributed in the State. 
(c) The registration shall not be transferable to any person and shall be applicable only 
to the location for which originally issued. 
(d) A registration is required for each facility location from which shell eggs or liquid eggs 
are sold, distributed , or otherwise supplied to the location of an end -user. 
(e) An egg distributor shall not engage in the commercial sale of shell eggs or liquid 
eggs within, or into, California unless such person has obtained and holds a valid registration 
from the Department pur suant to this section for each facility location. 
(f) Any change in ownership, change of business name, change in business location , 
closure of business, or change of name, address, phone number or email of person authorized 
to act on behalf of the registered distributor must be reported to the Department within 30 
business days of such change. 
(g) All information set forth on applications for registrations and renewals for 
registrations, including but not limited to any documentation of certification required by (j) of this 
section, shall be truthful and not misleading. 
(h) Every registration expi res 12 months from the date of issue. 
(i) A registration may be renewed each 12 -month period by the Department in response 
to an application for renewal by an egg distributor if the business of the facility applying for 
renewal was conducted in accordanc e with the requirements of this Article and sections 25990 
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         and 25991 of the Health and Safety Code during the preceding 12 months for which the renewal 
is requested. 
(j) An application to the Department by an egg distributor for initial registration, or f or 
purposes of renewal, shall be accompanied by documentation of valid certification pursuant to 
Article 5 of this Chapter for each location where registration is being sought. A registration shall 
not be issued for any facility location for which a valid certification required by this section has 
not been submitted to the Department. 
(k) Notwithstanding the requirements of (j) of this section, a registration may be granted 
prior to January 1, 202 3 to an egg distributor that submits a self-certifi cation to the Department 
that the egg distributor complies with all applicable requirements of sections 1320.4 and 1320.5 
of this Article, and distributes shell eggs or liquid eggs within or into California only from egg 
producers that comply with section 1320.1 of this Article. 
(l) This section shall not apply to a facility that is an official plant inspected under the 
federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.) and granted an 
establishment number with prefix of “G” by the Food Safety Inspection Service of the United 
States Department of Agriculture . 
Note : Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code and Egg Products Inspection Act, 21 U.S.C. section 1031 et 
seq. 
Section 1320.3. Inspection and Audit of Registered Egg Distributor Facilities. 
(a) Every person required to be registered pursuant to section 1320.2 of this Article shall 
comply with this section. 
(b) Every egg distributor by submitting an application for registration of a facility agrees 
as a condition of registration to provide the Department, and/or certifying agent, entrance and 
access to the premises and business records of the facility for purposes of inspection and a udit 
as described in Article 5 of this Chapter. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1320.4. Shell Egg and Liquid Egg Shipping Document and Labeling Requirements. 
(a) Shipping Documents . 
(1) Prior to January 1, 2022, all documents of title, shipping invoices, bills of lading, and 
shipping manifests for all shipments of shell eggs and liquid eggs entering the state or 
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           transported within the state for c ommercial sale in California shall include the statement 
“California 144 Compliant” and may be abbreviated to read “CA 144”. The statement “CA SEFS 
Compliant” may be used as an alternative statement prior to January 1, 2022, provided the shell 
eggs are pr oduced in compliance with section 1350 of Title 3 of the California Code of 
Regulations and are certified under the Department’s Egg Safety and Quality Management 
Program. The statement shall be legible and plainly printed or stamped. 
(2) Commencing Janu ary 1, 2022, all documents of title, shipping invoices, bills of 
lading, and shipping manifests for all shipments of shell eggs and liquid eggs entering the state 
or transported within the state for commercial sale in California shall include the statement “CA 
Cage Free” or “Cage Free CA ”. 
(3) For shipments of shell eggs or liquid eggs that were not produced in compliance with 
section 25991 of the Health and Safety Code and this Article, and enter California exclusively 
for purposes of transshipment or exp ort for human consumption outside of the state and are not 
destined for commercial sale in California, all documents of title, shipping invoices, bills of 
lading, and shipping manifests shall, upon entrance into the state and during transportation and 
storage within the state, be marked with the statement “Not for California Consumption” or “Not 
for California Sale”. 
(4) For shipments of shell eggs or liquid eggs not produced in compliance with section 
25991 of the Health and Safety Code and this Article that originate from a n official plant , 
whether located inside or outside of the state, holding an establishment number with prefix “G” 
granted by the Food Safety Inspection Service of United States Department of Agriculture under 
the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.) and being transported to 
another official plant in California holding an establishment number with prefix “G” granted by 
the Food Safety Inspection Service of United States Department of Agricultur e under the federal 
Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.) , solely for purposes of using the 
shell eggs or liquid eggs for making food products not covered by the Act or this Article , all 
documents of title, shipping invoices, bills of lading, and shipping manifests shall, upon entrance 
into the state and during transportation within the state, be clearly marked with the statement 
“Only for use at ” immediately followed by the complete establishment number, inc luding the 
prefix “ G”, granted by the Food Safety Inspection Service of the United States Department of 
Agriculture for the specific facility where the shipment is destined for delivery. 
(b) Containers . Commencing July 1, 2022, the principal display panel for each container 
of all shell eggs for commercial sale, or destined for commercial sale, in California shall contain 
the statement “CA Cage Free” or “Cage Free CA”. The statement shall be clearly legible, 
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        without obs curing designs, vignettes or crowding, and be plainly printed, stamped or marked in 
letters not less than ¼ inch in height . 
(c) No person shall label, identify, mark, advertise, or otherwise represent, shell eggs or 
liquid eggs for purposes of commercial s ale in California using the statements in (a) and (b) of 
this section, or as meeting the requirements of the Act or otherwise meeting California cage size 
or enclosure space requirements for egg -laying hens, unless the shell eggs or liquid eggs were 
produc ed in compliance with section 25991 of the Health and Safety Code and this Article. 
(d) Commencing January 1, 2022, no person shall label, identify, mark, advertise, or 
otherwise represent shell eggs or liquid eggs for purposes of commercial sale in the st ate using 
the term “cage free” or other similar descriptive term unless the shell eggs or liquid eggs were 
produced in compliance with section 1320.1 of this Article. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code and Egg Products Inspection Act , 21 U.S.C. section 1031 et 
seq. 
Section 1320.5. Egg Distributor Recordkeeping. 
(a) An egg distributor , as a condition of registration pursuant to section 1320.2 of this 
Article , shall maintain records that comply with all the requirements of this section. 
(b) Records shall be sufficient for purposes of an audit trail as defined in section 1320( b) 
of this Article and the applicable recordkeeping requirements descr ibed in section 1326.2 of this 
Chapter. 
(c) Records shall document in a traceable manner that shell eggs and liquid eggs being 
distributed for commercial sale into or within California originate from egg producers that are in 
compliance with all requiremen ts of section 1320.1 of this Article. 
(d) Records shall document the address of the location where the distributor , as the 
buyer, takes physical possession of shell eggs and liquid eggs for each sales transaction. 
(e) Records shall be maintained for two (2) years from the date of creation and be made 
accessible for inspection and audit by the Department and/or certifying agent as required by 
section 1320.3 of this Article . 
(f) This section shall not apply to an offic ial plant at which mandatory inspection is 
provided under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.) and that 
holds an Egg Products establishment number (prefix “G”) granted by the Food Safety Inspection 
Service of the United States Department of Agriculture. 
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          Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Egg Products Inspection Act, 21 U.S.C. section 1031 et 
seq. 
Section 1320.6. Inspection of Conveyances. 
(a) Every egg distributor by submitting an application for registration agrees as a 
condition of registration to provide the Department or other enforcement officer, and/or a 
certifying agent, access to inspect in California any vehicle or other conveyance under the 
registrant’s operation or control that is transporting shell eggs or liquid eggs into or within the 
state. 
(b) Every person shall stop at the request of an enforcement officer at any California 
Border Protection Station for purposes of inspection of cargo and any accompanying shipping 
documents, manifests, and bills of lading, any vehicle or other conveyance tran sporting into or 
within the state shell eggs or liquid eggs. 
(c) The Department, or other enforcement officer in California, may deny entry to or 
order diversion from the state any vehicle or other conveyance transporting shell eggs or liquid 
eggs for comm ercial sale that was produced, packaged, identified, or shipped in violation of the 
requirements of sections 25990 -25992 of the Health and Safety Code, or the provisions of this 
Article, including but not limited to labeling and marking requirements specif ied in section 
1320.4 of this Article . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 2599 2, Health and Safety Code. 
Section 1320.7 . Tagging and Seizure of Shell Eggs or Liquid Eggs . 
(a) The Department or other enforcement officer may affix a warning tag or notice to 
shipping documents, manifests, containers, sub -containers, lots , or loads of shell eggs or liquid 
eggs which have been produced, packaged, stored, labeled, marked, identified, tra nsported, 
delivered, or sold in violation of the requirements of sections 25990 -25992 of the Health and 
Safety Code, or the provisions of this Article, and may give notice of such violation to the egg 
producer, egg distributor , owner, or other person in po ssession of the shell eggs or liquid eggs. 
(b) No person shall remove a warning tag or notice from the place it is affixed except 
upon written permission or specific direction of the Department or other enforcement officer. 
(c) An enforcement officer may seize and hold any containers, sub -containers, lots , or 
loads of shell eggs or liquid eggs in California which they have reasonable suspicion to believe 
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       is in violation of the provisions of sections 25990 -25992 of the Health and Safety Code, or the 
provis ions of this Article. If the Department or other enforcement officer seizes any container, 
sub-container, lot , or load of shell eggs or liquid eggs, a hold notice shall be issued to the 
person that has control of the shell eggs or liquid eggs, and a tag o r notice may be affixed to the 
container, sub -container, lot , or load which states it is so held. 
(d) Any shell eggs or liquid eggs for which a hold notice is issued shall be held by the 
person having control of the shell eggs or liquid eggs and shall not be disturbed, moved, 
diverted , or offered for sale except under the specific directions of the Department or other 
enforcement officer. 
(e) A person may request an informal hearing to contest tagging , hold notice, or seizure 
of shell eggs or liquid eggs pursuant to section 1327.1 of this Chapter. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 25992, Health and Safety Code. 
Section 1320.8. Written Certification. 
(a) For purposes of section 25993.1 of the Health and Safety Code, any written 
certification from a supplier to a buyer engaged in commercial sales of shell eggs or liquid eggs 
that were not derived from an egg -laying hen confined in a cruel manner shall be based upon an 
audit trail as defined in section 1320( b) of this Article, and shall be traceable to egg producers 
compliant with all requirements of section 1320.1 of this Article. 
(b) A retailer or food processing facility that is an end -user and takes possession, 
whether by use of a common carrier, private carrier , or other means of conveyance, of shell 
eggs or liquid eggs at, or directly from, an official plant at which mandatory inspection is 
provided under the federal Egg Products Inspection A ct (21 U.S.C. Sec. 1031 et seq.) and that 
holds an Egg Products establishment number (prefix “G”) granted by the Food Safety Inspection 
Service of the United States Department of Agriculture , shall: 
(1) Maintain records documenting written certifications t hat meet the requirements of this 
section for shell eggs or liquid eggs received during the preceding 12 -month period. 
(2) Maintain records documenting the address of the location where the retailer or food 
processing facility , as the buyer, takes physical possession of shell eggs and liquid eggs for 
each sales transaction. 
(3) Make the records required by this section available on -site for inspection by the 
Department and other state or local health agencies upon request. Electronic records are 
considered on -site if they are accessible from an on -site location. 
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        (c) Subsection (b) of this section shall not apply to a shell egg or liquid egg end-user that 
is an official plant at which mandatory inspection is provided under the federal Egg Products 
Inspection Act (21 U.S.C. Sec. 1031 et seq.) and that holds an Egg Products establishment 
number (prefix “G”) granted by the Food Safety Inspection Service of the United States 
Department of Agriculture. 
Note: Authority cited: Section 25993, Heal th and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code and Egg Products Inspection Act, 21 U.S.C. section 1031 et 
seq. 
Section 1320.9. Denial, Suspension , or Revocation of Egg Distributor Registration. 
(a) The Department may deny, suspend , or revoke a registration issued pursuant to this 
Article for any of the following: 
(1) Violations that resulted , or reasonably could have resulted, in the commercial sale of 
shell eggs or liquid eggs from egg -laying hens that were not confined in compliance with this 
Article ; 
(2) Repetitive failure to comply with the requirements of this Article and/or statutes 
pertaining to shell eggs, liquid eggs or egg-laying hens in sections 25990 -25992 of the Health 
and Safety Code ; 
(3) Refusal to grant access for, or interference with, inspections or audits as described in 
sections 1320.3 or 1320.6 of this Article ; 
(4) Misrepresenting shell eggs or liquid eggs as being produced in compliance with this 
Article; or 
(5) Providing false information on an application for registration. 
(b) A person may appeal the Department's decision to refuse to issue, or to deny, 
suspend , or revoke a registration certificate by requesting a formal hearing pursuant to Chapter 
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. 
(c) The Department’s decision to deny, suspen d, or revo ke a registration shall remain in 
effect pending the outcome of an appeal process. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 25992, Health and Safety Code. 
Section 1320. 10. Registration with the California Department of Public Health. 
(a) Notwithstanding section 1320.2 of this Article , any person operating a food 
processing establishment in California shall also register with the California Department of 
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       Public Health pursua nt to section 110460 of the Health and Safety Code. The registration 
requirement applies to all forms of processed eggs. 
(b) Evidence of this registration shall be provided to the Department or its designee upon 
request. 
Note: Authority cited: Sections 25993 and 110065, Health and Safety Code. Reference: 
Sections 25990, 25991, 109875, 109935, 110045, and 110460, Health and Safety Code. 
3) Adopt Article 2 and sections 1321 through 1321.1 0 of Chapter 10 of Division 2 of Title 3 of the 
California Code of Regulations, to read as follows: 
Article 2. Veal Calves. 
Section 1321. Definitions. 
Unless the context otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand: 
(a) “Act” means the Farm Animal Cruelty statute , as amended (Chapter 13.8 
(commencing with section 25990 ) of Division 20 of the Health and Safety Code .). 
(b) “Audit trail” means r ecords that are in sufficient detail to document the identification, 
source, supplier, transfer of ownership, transportation, storage, segregation, handling, 
packaging, distribution , and sale of whole veal meat that was derived from a v eal calf confined 
in compliance with sections 25991 and 25992 of the Health and Safety Code and this Article , 
and from veal producers that hold a valid certification as a certified operation issued pursuant to 
Article 5 of this Chapter . 
(c) “Certified operation” means as defined in section 1326(e) of this Chapter. 
(d) “Certifying agent” means as defined in section 1326(f) of this Chapter. 
(e) “Commercial sale” for purposes of section 25991(o) of the Health and Safety Code 
and this Article means to sell, offer for sale, expose for sale, possess for sale, exchange, barter, 
trade , transfer profession, or otherwise distribute in California commerce including, but not 
limited to, transactions by a retailer with a consumer and electronic transactions made using the 
internet. It shall not include any of the following transactions or transfers of possession: 
(1) Whole veal meat produced outside of the state that enters and exits California 
without additional processing or repackaging exclusively for purposes of transshipment or 
export for human consumption outside of the state ; 
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           (2) Any sale of whole veal meat undertaken on the premises of an establishment at 
which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 
601 et se q.) and that holds an establishment number (prefix “M” ) granted by the Food Safety 
Inspection Service of the United States Department of Agriculture ; or 
(3) Donations to religious, charitable, scientific, educational, or other nonprofit 
organizations that have a tax exemption under section 501(c)(3) of the Internal Revenue Code 
(26 U.S.C.). 
(4) The exception to definition of commercial sale applies only to a specific transaction 
listed above, not to the covered product itself, and therefore does not apply to all subsequent 
sales of whole veal meat. 
(f) “Consumer” means any person who purchases whole uncooked veal meat, as 
defined in section 25991(v) of the Health and Safety Code and this Article, for the sole purpose 
of their own family use or consumption, or that purchases or consumes cooked veal meat at a 
restaurant, food facility , or other business that serves cooked or ready -to-eat veal meat to 
custo mers or patrons. 
(g) “Container” means any box, case, basket, tote, can, carton, sack, pouch, bag, 
package, wrapper, receptacle , or any other device which is used to facilitate the handling, 
distribution, transportation , or commercial sale of whole veal meat. 
(h) “Cottage food operation” means an establishment as defined in section 113758 of the 
Health and Safety Code. 
(i) “Curing agents” for purposes of section 25991(v) of the Health and Safety Code and 
this Article mean s any substance listed and described in section 424.21(c) of Title 9 of the Code 
of Federal Regulations. 
(j) “Cut” for purposes of section 25991(v) of the Health and Safety Code and this Article 
means any uncooked primal, wholesale, sub -primal or retail cu t including, but not limited to, 
those identified and described in the United States Department of Agriculture’s Institutional Meat 
Purchase Specifications: Fresh Veal Series 300 (November 2014 Edition) and the 2014 Uniform 
Retail Meat Identity Standards d eveloped by the Industry -Wide Cooperative Meat Identification 
Standards Committee, but shall exclude any ground or otherwise comminuted meat products. 
(k) “Department” means the California Department of Food and Agriculture. 
(l) “Document of title” means a document which in the regular course of business or 
financing is treated as adequately evidencing that the person in possession of it is entitled to 
receive, hold, and dispose of the document and the whole veal meat it covers. Examples of 
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            such docume nt include bill of lading, dock warrant, dock receipt, warehouse receipt, or an order 
for the delivery of whole veal meat . 
(m) “Enclosure” means a structure used to confine a covered animal or animals. For 
purposes of this subsection and this Article, a st ructure means any cage, crate, pen, or other 
construction used to confine a calf. 
(n) “End -user” means any of the following: 
(1) A consumer ; 
(2) A retailer that is not a veal producer and only conducts commercial sales directly to a 
consumer, without any further distribution, of whole veal meat that was purchased or received 
from a veal distributor ; 
(3) A food processing facility or cottage fo od operation that receives whole veal meat 
solely for use as an ingredient to manufacture a combination food product that does not meet 
the definition of whole veal meat as defined in this Article ; or 
(4) A restaurant, food facility or other business that only cooks and serves veal meat, 
and/or serves only ready -to-eat veal meat, to customers, patrons , or guests for purposes of 
consumption. 
(o) “Enforcement officer” means any of the following: 
(1) Persons employed by and under the supervision and control of the Department ; or 
(2) Persons employed by and under the supervision and control of the Department of 
Public Health. 
(p) “Flavoring” for purposes of section 25991(v) of the Health and Safety Code and this 
Article means any substance, whether artificial or natural, the function of which is to impart 
flavor rather than nutrition, and includes the substances listed and described in sections 
172.510, 172.515(b), 182.10, 182.20, 182.40, and 182.50, and Part 184 of Title 21 of the Code 
of Federal Regulations. 
(q) “Food facility” means a facility as defined in section 113789 of the Health and Safety 
Code. 
(r) “Food processing facility” means a facility as defined in section 109947 of the Health 
and Safety Code. 
(s) “Kept for the purpose of producing ” for purposes of section 25991(d) of the Health 
and Safety Code and this Article means keeping a calf of the bovine species that is, or is 
intended to be, slaughtered at more than 21 days of age or more than 150 pounds in liveweight 
for the production of food described, advertised, represented, identified , or labeled as veal. 
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   (t) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability company, corporation, estate, trust, receiver, or syndicate. 
(u) “Ready -to-eat (RTE )” means in a form that is edible without additional preparation to 
achieve food safety and may receive additional preparation for palatability or aesthetic, 
gastronomic, or culinary purposes. RTE product is not required to bear a safe -handling 
instruction (as required for non -RTE products by sections 317.2(l) and 381.125(b)) of Title 9 of 
the Code of Federal Regulations) or other labeling that directs that the product must be cooked 
or otherwise treated for safety and can include frozen meat products. 
(v) “Requiring cooking” for the purposes of section 25991(r) of the Health and Safety 
Code and this Article means not ready -to-eat in the condition sold, offered for sale , or otherwise 
distributed. 
(w) “Retailer” means a facility location that conducts commercial sales of whole veal 
meat to a consumer. 
(x) “Seasoning” for purposes of section 25991(v) of the Health and Safety Code and this 
Article is synonymous with the term “spice” and means any aromatic vegetable substance in the 
whole, broken, or ground form , whose primary function in food is seasoning rather than 
nutritional and from which no portion of any volatile oil or other flavoring principle has been 
removed. Spices include onions, garlic, peppers, and the spices listed in section 182.1 0 and 
Part 184 of Title 21 of the Code of Federal Regulations. 
(y) “Uncooked” means requiring cooking prior to human consumption. 
(z) “Veal distributor ” means a person or facility engaged in the business of commercial 
sales or distribution of whole veal meat (as a veal producer or otherwise) to an end -user in 
California. This definition shall not apply to a person or facility that only receives whole veal 
meat as an end -user. 
(aa) “Veal producer” means a person engaged in the business of keeping, confining , 
and/or housing a calf of the bovine species, to be slaughtered at more than 21 days of age or 
more than 150 pounds, for the purpose of producing the human food product described, 
advertised, represented, identified , or labeled as veal. This definiti on shall not apply to the 
following: 
(1) A person housing calves exclusively for purposes of standard dairy herd 
management practices at, or for, a dairy farm holding a valid market milk permit or 
manufacturing milk permit pursuant to section 33222 of the Food and Agricultural Code or a 
valid permit issued by the government milk regulatory authority where the dairy farm is located if 
not in California ; or 
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         (2) An establishment at which mandatory inspection is provided under the Federal Meat 
Inspection Act (2 1 U.S.C. Sec. 601 et seq.) and that holds an establishment number (prefix “M”) 
granted by the Food Safety Inspection Service of the United States Department of Agriculture. 
(bb) “Whole veal meat” means, pursuant to section 25991(v) of the Health and Safety 
Code, any uncooked cut of veal, including chop, ribs, riblet, loin, shank, leg, roast, brisket, 
steak, sirloin, or cutlet, that is comprised entirely of veal meat, except for seasoning, curing 
agents, coloring, flavoring, preservatives, and similar meat additives. Whole veal meat does not 
include combination food products, including soups, sandwiches, pizzas, hotdogs, or similar 
processed or prepared food products, that are comprised of more than veal meat, seasoning, 
curing agents, coloring, flavor ing, preservatives, and similar meat additives. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 25991, 
109947, 113758, and 113789, Health and Safety Code; Title 9, Part 317, section 317.2(l), Part 
381, section 381.1 25(b), and Part 424, section 424.21(c), Title 21, Part 172, sections 172.510 
and 172.515(b), Part 182 , sections 182.10, 182.20, 182.40, 182.50 , and Part 184, Code of 
Federal Regulations; Federal Meat Inspection Act, 21 U.S.C. section 601 et seq. ; and Internal 
Revenue Code, 26 U.S.C. section 501(c)(3). 
Section 1321.1. Veal Calf Confinement. 
(a) No veal producer or veal distributor shall knowingly sell or contract to sell within the 
state whole veal meat for human consumption if it is the product of a calf that was confined in an 
enclosure that fails to comply with the following standard: 
(1) An enclosure shall provide a minimum of 43 square feet of usable floorspace per calf . 
(2) The amount of usable floorspace required by (a)(1) of this section shall be calculated 
by dividing the total square footage of floorspace provided to calves in an enclosure by the 
number of calves in the enclosure. For purposes of this section, floorspa ce shall also include 
ground -space for enclosures that are outdoor pens or pastures accessible at all times by all 
calves in the enclosure ; and 
(3) Exceptions as specified in section 25992 of the Health and Safety Code and Article 4 
of this Chapter apply t o the requirements of this section . 
(b) Commencing January 1, 2023 , any person engaged in business in this state as a 
veal producer, or any out -of-state veal producer that is keeping, maintaining, confining , and/or 
housing calves for the purposes of producing whole veal meat for human food use in California, 
shall hold a valid certification issued pursuant to Article 5 of this Chapter as a certified operation. 
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        Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991 and 25992 , Health and Safety Code. 
Section 1321.2. Veal Distributor Registration. 
(a) Any person engaged in business in this state as a veal distributor , or any out -of-state 
veal distributor selling whole veal meat into California for purposes of human food use in the 
state, shall register with the Department pursuant to this Article. 
(b) Any person required to register pursuant to (a) of this section shall submit an 
application for registrat ion provided by the Department including the following information: 
Business name, physical address of distribution operation, mailing address, phone number, 
email address, website address, federal tax identification number, and name, phone number 
and ema il of person authorized to act on the applicant’s behalf. 
(c) The registration shall not be transferable to any person and shall be applicable only 
to the location for which originally issued. 
(d) A registration is required for each facility location fro m which whole veal meat is sold, 
distributed , or otherwise supplied to the location of an end -user. 
(e) A veal distributor shall not engage in the commercial sale of whole veal meat within, 
or into, California unless such person has obtained and holds a valid registration from the 
Department pursuant to this section for each facility location. 
(f) Any change in ownership, change of business name, change in business location , 
closure of business, or change of name, address, phone number or email of person authorized 
to act on behalf of the registered distributor must be reported to the Department within 30 
business days of such change. 
(g) All information set forth on applications for registrations and renewals for 
registrations, including but not l imited to any documentation of certification required by (j) of this 
section, shall be truthful and not misleading. 
(h) Every registration expires 12 months from the date of issue. 
(i) A registration may be renewed each 12 -month period by the Department in response 
to an application for renewal by a veal distributor if the business of the facility applying for 
renewal was conducted in accordance with the requirements of this Article and sections 25990 
and 25991 of the Health and Safety Code during the pr eceding 12 months for which the renewal 
is requested. 
(j) An application to the Department by a veal distributor for initial registration, or for 
purposes of renewal, shall be accompanied by documentation of valid certification pursuant to 
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       Article 5 of thi s Chapter for each location where registration is being sought. A registration shall 
not be issued for any facility location for which the valid certification required by this section has 
not been submitted to the Department. 
(k) Notwithstanding the req uirements of (j) of this section, a registration may be granted 
prior to January 1, 2023 to a veal distributor that submits a self-certifi cation to the Department 
that the veal distributor complies with all applicable requirements of sections 1321.4 and 1321.5 
of this Article, and distributes whole veal meat within or into California only from veal producers 
that comply with section 1321.1 of this Article. 
(l) This section shall not apply to an establishment at which mandatory inspection is 
provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and that holds an 
establishment number (prefix “M”) granted by the Food Safety Inspection Service of the United 
States Departme nt of Agriculture . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act (21 U.S.C. section 601 et 
seq.). 
Section 1321.3. Inspection and Audit of Registered Veal Distributor Facilities. 
(a) Every person required to be registered pursuant to section 1321.2 of this Article shall 
comply with this section. 
(b) Every veal distributor by submitting an application for registration of a facility agrees 
as a condition of registration to provide the Department, and/or certifying agent, entrance and 
access to the premises and business records of the facility for purposes of inspection and audit 
as described in Article 5 of this Chapter . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1321.4. Whole Veal Meat Shipping Document Requirements. 
(a) Shipping Documents . 
(1) All documents of title, shipping invoices, bills of lading, and shipping manifests for all 
shipments of whole veal meat entering the state or transported within the state for commercial 
sale in California shall include the statement “California 43+ Compliant” and may be abbreviated 
to read “CA 43+”. The statement shall be clearly legible and plainly printed or stamped ; 
(2) For shipments of whole veal meat that were not produced in compliance with section 
25991 of the Health and Safety Code and this Article, and enter California exclusively for 
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 purposes of transshipment or export for human consumption outside of the state and are not 
destined for commercial sale in Ca lifornia, all documents of title, shipping invoices, bills of 
lading, and shipping manifests shall, upon entrance into the state and during transportation and 
storage within the state, be marked with the statement “Not for California Consumption” or “Not 
for California Sale” ; and 
(3) For shipments of whole veal meat not produced in compliance with section 25991 of 
the Health and Safety Code and this Article that originate from a facility, whether located inside 
or outside of the state, holding an establishm ent number with prefix “M” granted by the Food 
Safety Inspection Service of the United States Department of Agriculture under the Federal 
Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and being transported to another facility in 
California holding an es tablishment number with prefix “M” granted by the Food Safety 
Inspection Service of the United States Department of Agriculture under the Federal Meat 
Inspection Act (21 U.S.C. Sec. 601 et seq.) , solely for purposes of using the whole veal meat for 
making food products not covered by the Act or this Article, all documents of title, shipping 
invoices, bills of lading, and shipping manifests shall, upon entrance into the state and during 
transporta tion within the state, be clearly marked with the statement “Only for use at” 
immediately followed by the complete establishment number, including the prefix “M”, granted 
by the Food Safety Inspection Service of the United States Department of Agriculture for the 
specific facility where the shipment is destined for delivery. 
(b) No person shall label, identify, mark, advertise, or otherwise represent, calves or veal 
meat for commercial sale in California using the statements in (a) of this section, or as me eting 
the requirements of the Act or otherwise meeting California enclosure space requirements, 
unless they were produced in compliance with section 25991 of the Health and Safety Code and 
this Article. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et seq. 
Section 1321.5. Veal Distributor Recordkeeping. 
(a) A veal distributor , as a condition of registration pursuant to section 1321.2 of this 
Article , shall maintain records that comply with all the requirements of this section. 
(b) Records shall be sufficient for purposes of an audit trail as defined in section 1321( b) 
of this Article and the applicable record keeping requirements described in section 1326.2 of this 
Chapter. 
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       (c) Records shall document in a traceable manner that whole veal meat being sold into 
or within California originates from veal producers that are certified operations pursuant to 
Article 5 of this Chapter. 
(d) Reco rds shall document the address of the location where the distributor, as the 
buyer, takes physical possession of whole veal meat for each sales transaction. 
(e) Records shall be maintained for two (2) years from the date of creation and be made 
accessible for inspection and audit by the Department and/or a certifying agent as required by 
section 1321.3 of this Article. 
(f) This section shall not apply to a n establishment at which mandatory inspection is 
provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and granted an 
establishment number (prefix “M”) by the Food Safety Inspection Service of the United States 
Department of Agriculture . 
Note: Authority cited: Section 25993, Heal th and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et seq . 
Section 1321.6. Inspection of Conveyances. 
(a) Every veal distributor by submitting an application for registration agrees as a 
condition of registration to provide the Department or other enforcement officer, and/or a 
certifying agent, access to inspect in California any vehicle or other conveyance under the 
registrant’s o peration or control that is transporting whole veal meat into or within the state. 
(b) Every person shall stop at the request of an enforcement officer at any California 
Border Protection Station for purposes of inspection of cargo and any accompanying shi pping 
documents, manifests, and bills of lading, any vehicle or other conveyance transporting into or 
within the state whole veal meat . 
(c) The Department, or other enforcement officer in California, may deny entry to or 
order diversion from the state any vehicle or other conveyance transporting whole veal meat 
intended for commercial sale that was produced, packaged, identified, or shipped in violation of 
the requirements of sections 25990 -25992 of the Health and Safety Code, or the provisions of 
this Arti cle, including but not limited to shipping document requirements specified in section 
1321.4 of this Article . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 2599 2, Health and Safety Code. 
Section 1321.7 . Tagging and Seizure of Whole Veal Meat . 
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               (a) The Department or other enforcement officer may affix a warning tag or notice to 
shipping documents, manifests, containers, sub -containers, lots , or loads of whole veal meat 
which have been produ ced, packaged, stored, labeled, marked, identified, transported, 
delivered, or sold in violation of the requirements of sections 25990 -25992 of the Health and 
Safety Code, or the provisions of this Article, and may give notice of such violation to the veal 
producer, veal distributor , owner, or other person in possession of the veal meat. 
(b) No person shall remove a warning tag or notice from the place it is affixed except 
upon written permission or specific direction of the Department or other enforcemen t officer. 
(c) An enforcement officer may seize and hold any containers, sub -containers, lots , or 
loads of whole veal meat in California which they have reasonable suspicion to believe is in 
violation of the provisions of sections 25990 -25992 of the Health and Safety Code, or the 
provisions of this Article. If the Department or other enforcement officer seizes any container, 
sub-container, lot , or load of veal meat, a hold no tice shall be issued to the person that has 
control of the veal meat, and a tag or notice may be affixed to the container, sub -container, lot , 
or load which states it is so held. 
(d) Any whole veal meat for which a hold notice is issued shall be held by t he person 
having control of the whole veal meat and shall not be disturbed, moved, diverted , or offered for 
sale except under the specific directions of the Department or other enforcement officer. 
(e) A person may request an informal hearing to contest t agging, hold notice, or seizure 
of whole veal meat pursuant to section 1327.1 of this Chapter. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 25992, Health and Safety Code. 
Section 1321.8. Written Certification. 
(a) For purposes of section 25993.1 of the Health and Safety Code, any written 
certification from a supplier to a buyer engaged in commercial sales of whole veal meat that was 
not derived from a calf confined in a cr uel manner shall be based upon an audit trail as defined 
in section 1321( b) of this Article, and shall be traceable to veal producers compliant with all 
requirements of section 1321.1 of this Article. 
(b) A retailer or food processing facility that is an end-user and takes possession, 
whether by use of a common carrier, private carrier , or other means of conveyance, of whole 
veal meat at, or directly from, a n establishment at which mandatory inspection is provided under 
the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) granted an establishment number 
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             (prefix “M”) by the Food Safety Inspection Service of the United States Department of 
Agriculture , shall: 
(1) Maintain records documenting written certifications that meet the requ irements of this 
section for whole veal meat received during the preceding 12 -month period. 
(2) Maintain records documenting the address of the location where the retailer or food 
processing facility , as the buyer, takes physical possession of whole veal meat for each sales 
transaction. 
(3) Make the records required by this section available on -site for inspection by the 
Department and other state or local health agencies upon request. Electronic records are 
considered on -site if they are accessible from an on -site location. 
(c) Subsection (b) of this section shall not apply to a whole veal meat end-user that is an 
establishment inspected under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) 
and granted an establishment number (prefix “M”) by the Food Safety Inspection Service of the 
United States Department of Agriculture . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et seq . 
Section 1321.9. Denial, Suspension , or Revocation of Veal Distributor Registration. 
(a) The Department may deny, suspend , or revoke a registration issued pursuant to this 
Article for any of the following: 
(1) Violations that resulted, or reasonably could have resulted, in the commercial sale of 
whole veal meat from a calf that was not confined in compliance with this Article ; 
(2) Repetitive failure to comply with the requirements of this Article and/or statu tes 
pertaining to whole veal meat or a calf raised for veal in sections 25990 -25992 of the Health and 
Safety Code ; 
(3) Refusal to grant access for, or interference with, inspections or audits described in 
sections 1321.3 or 1321.6 of this Article ; 
(4) Misrepresenting whole veal meat as being produced in compliance with this Article; 
or 
(5) Providing false information on an application for registration. 
(b) A person may appeal the Department's decision to refuse to issue, or to deny, 
suspend , or revoke a reg istration certificate by requesting a formal hearing pursuant to Chapter 
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. 
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    (c) The Department’s decision to deny, suspend, or revoke a registration shall remain in 
effect pending the outcome of an appeals process. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 25992, Health and Safety Code. 
Section 1321.1 0. Registration with the California Department of Public Health. 
(a) Notwithstanding section 1321.2 of this Article , any person operating a food 
processing establishment in California shall also register with the California Department of 
Public Health pursuant to section 110460 of the Health and Safety Code. The registration 
requirement applies to all forms of process ed veal. 
(b) Evidence of this registration shall be provided to the Department or its designee upon 
request. 
Note: Authority cited: Sections 25993 and 110065, Health and Safety Code. Reference: 
Sections 25990, 25991, 109875, 109935, 110045, and 110460, Health and Safety Code. 
4) Adopt Article 3 and sections 1322 through 1322.1 0 of Chapter 10 of Division 2 of Title 3 of the 
California Code of Regulations, to read as follows: 
Article 3. Breeding Pigs. 
Section 1322. Definitions. 
Unless the cont ext otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand: 
(a) “Act” means the Farm Animal Cruelty statute , as amended (Chapter 13.8 
(commencing with section 25990) of Division 20 of the Health and Safety Code.) . 
(b) “Audit trail” means r ecords that are in sufficient detail to document the identification, 
source, supplier, transfer of ownership, transportation, storage, segregation , handling, 
packaging, distribution , and sale of whole pork meat that was derived from a breeding pig 
confined in compliance with sections 25991 and 25992 of the Health and Safety Code and this 
Article , and from pork producers that hold a valid certificati on as a certified operation issued 
pursuant to Article 5 of this Chapter . 
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  (c) “Breeding pig” means, pursuant to section 25991(a) of the Health and Safety Code, 
any female pig of the porcine species kept for the purpose of commercial breeding who is six (6) 
months of age or older, or pregnant. 
(d) “Certified operation” means as defined in section 1326(e) of this Chapt er. 
(e) “Certifying agent” means as defined in section 1326(f) of this Chapter. 
(f) “Commercial sale” for purposes of section 25991(o) of the Health and Safety Code 
and this Article means to sell, offer for sale, expose for sale, possess for sale, exchange, barter, 
trade , transfer possession, or otherwise distribute in California commerce including, but not 
limited to, transactions by a retailer with a consumer and electronic transactions made using the 
internet. It shall not include any of the foll owing transactions or transfers of possession: 
(1) Whole pork meat produced outside of the state that enters and exits California , 
without additional processing or repackaging, exclusively for purposes of transshipment or 
export for human consumption outs ide of the state ; 
(2) Any sale of whole pork meat undertaken on the premises of an establishment at 
which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 
601 et seq.) and that holds an official establishment number (prefix “M”) granted by the Food 
Safety Inspection Service of the United States Department of Agriculture ; or 
(3) Donations to religious, charitable, scientific, educational, or other nonprofit 
organizations that have a tax exemption under section 501(c)( 3) of the Internal Revenue Code 
(26 U.S.C.). 
(4) The exception to definition of commercial sale applies only to a specific transaction 
listed above, not to the covered product itself, and therefore does not apply to all subsequent 
sales of whole pork me at. 
(g) “Consumer” means any person who purchases whole uncooked pork meat, as 
defined in section 25991(u) of the Health and Safety Code and this Article, for the sole purpose 
of their own family use or consumption, or that purchases or consumes cooked pork meat at a 
restaurant, food facility , or other business that serves cooked or ready -to-eat pork meat to 
customers or patrons. 
(h) “Container” means any box, case, basket, tote, can, carton, sack, pouch, bag, 
package, wrapper, receptacle , or any other device which is used to facilitate the handling, 
distribution, transportation , or commercial sale of whole pork meat. 
(i) “Cottage food operation” means an establishment as defined in section 113758 of the 
Health and Safety Code. 
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 (j) “Curing agents” for purposes of section 25991(u) of the Health and Safety Code and 
this Article means any substance listed and described in section 424.21(c) of Title 9 of the Code 
of Federal Regulations. 
(k) “Cut” for purposes of section 25991(u) of the Health and Safety Code and this Article 
means any uncooked primal, wholesale, sub -primal or retail cut including, but not limited to, 
those identified and described in the United States Department of Agriculture’s Institutional Meat 
Purchase Specifications: Fresh Pork Seri es 400 (November 2014 Edition) and the 2014 Uniform 
Retail Meat Identity Standards developed by the Industry -Wide Cooperative Meat Identification 
Standards Committee, but shall exclude any ground or otherwise comminuted meat products. 
(l) “Department” means the California Department of Food and Agriculture. 
(m) “Document of title” means a document which in the regular course of business or 
financing is treated as adequately evidencing that the person in possession of it is entitled to 
receive, hold, and dispose of the document and the whole pork meat it covers. Examples of 
such document include bill of lading, dock warrant, dock receipt, warehouse receipt, or an order 
for the delivery of whole pork meat. 
(n) “Enclosure” means a structure used to confine a covered animal or animals. For 
purposes of this subsection and this Article, a structure means any cage, crate, pen, or other 
construction used to confine a breeding pig. 
(o) “End -user” means any of the following: 
(1) A consumer ; 
(2) A retaile r that is not a pork producer and only conducts commercial sales directly to a 
consumer, without any further distribution, of whole pork meat that was purchased or received 
from a pork distributor ; 
(3) A food processing facility or cottage food operation that receives whole pork meat 
solely for use as an ingredient to manufacture a combination food product that does not meet 
the definition of whole pork meat as defined in this Article ; or 
(4) A restaurant, food facility or other business that only cooks a nd serves pork meat, 
and/or serves only ready -to-eat pork meat, to customers, patrons or guests for purposes of 
consumption. 
(p) “Enforcement officer” means any of the following: 
(1) Persons employed by and under the supervision and control of the Department ; or 
(2) Persons employed by and under the supervision and control of the Department of 
Public Health. 
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   (q) “Flavoring” for purposes of section 25991(u) of the Health and Safety Code and this 
Article means any substance, whether artificial or natural, the function of which is to impart 
flavor rather than nutrition, and includes the substances listed and described in sections 
172.510, 172.515(b), 182.10, 182.20, 182.40, and 182.50, and part 184 of Title 21 o f the Code 
of Federal Regulations. 
(r) “Food facility” means a facility as defined in section 113789 of the Health and Safety 
Code. 
(s) “Food processing facility” means a facility as defined in section 109947 of the Health 
and Safety Code. 
(t) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability company, corporation, estate, trust, receiver, or syndicate. 
(u) “Pork distributor ” means a person or facility engaged in the business of commercial 
sales or distribution of whole pork meat (as a pork producer or otherwise) to an end -user in 
California. This definition shall not apply to a person or facility that only receives whole pork 
meat as an end -user. 
(v) “Pork producer” means a person engaged in the business of keeping, maintaining, 
confining and/or housing a female pig of the porcine species that is six (6) months of age or 
older, or is pregnant, for the purpose of commercial breeding to produce pork meat for human 
food. This definition shall not apply to an esta blishment at which mandatory inspection is 
provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and that holds an 
establishment number (prefix “M” ) granted by the Food Safety Inspection Service of the United 
States Department of Agriculture. 
(w) “Ready -to-eat (RTE)” means in a form that is edible without additional preparation to 
achieve food safety and may receive additional preparation for palatability or aesthetic, 
gastronomic, or culinary purposes. RTE product is not required to bear a safe -handling 
instruction (as required for non -RTE products by sections 317.2(l) and 381.125(b)) of Title 9 of 
the Code of Federal Regulations) or other labeling that directs that the product must be cooked 
or otherwise treated for safety and can include frozen meat products. 
(x) “Requiring cooking” for the purposes of section 25991(r) of the Health and Safety 
Code and this Article means not ready -to-eat in the condition sold, offered for sale or otherwise 
distributed. 
(y) “Retaile r” means a facility location that conducts commercial sales of whole pork 
meat to a consumer. 
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    (z) “Seasoning” for purposes of section 25991(u) of the Health and Safety Code and this 
Article is synonymous with the term “spice” and means any aromatic vegetab le substance in the 
whole, broken, or ground form , whose primary function in food is seasoning rather than 
nutritional and from which no portion of any volatile oil or other flavoring principle has been 
removed. Spices include onions, garlic, peppers, and the spices listed in section 182.10, and 
Part 184 of Title 21 of the Code of Federal Regulations. 
(aa) “Uncooked” means requiring cooking prior to human consumption. 
(bb) “Whole pork meat” means, pursuant to section 25991(u) of the Health and Safety 
Code, any uncooked cut of pork, including bacon, ham, chop, ribs, riblet, loin, shank, leg, roast, 
brisket, steak, sirloin, or cutlet, that is comprised entirely of pork meat, except for seasoning, 
curing agents, coloring, flavoring, preservatives, and similar meat additives. Whole pork meat 
does not include combination food products, including soups, sandwiches, pizzas, hotdogs, or 
similar processed or prepared food products, that are comprised of more than pork meat, 
seasoning, curing agents, colo ring, flavoring, preservatives, and similar meat additives. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991, 109947, 113758, and 113789, Health and Safety Code; Title 9, Part 317, section 
317.2(l), Part 381, s ection 381.125(b), and Part 424, section 424.21(c), Title 21, Part 172, 
sections 172.510 and 172.515(b), Part 182 , sections 182.10, 182.20, 182.40, 182.50; and Part 
184, Code of Federal Regulations; Federal Meat Inspection Act, 21 U.S.C. section 601 et seq .; 
and Internal Revenue Code, 26 U.S.C. section 501(c)(3). 
Section 1322.1. Breeding Pig Confinement. 
(a) No pork producer or pork distributor shall knowingly sell or contract to sell whole pork 
meat for human consumption in the state if it is the product of a breeding pig, or the product of 
the immediate offspring of a breeding pig, that was confined in an enclosure that fails to comply 
with th e following standard: 
(1) Commencing January 1, 2022, an enclosure shall provide a minimum of 24 square 
feet of usable floorspace per breeding pig. 
(2) The amount of usable floorspace required by (a)( 1) of this section shall be calculated 
by dividing the t otal square footage of floorspace provided to breeding pigs in an enclosure by 
the number of breeding pigs in the enclosure. For purposes of this section, floorspace shall also 
include ground -space for enclosures that are outdoor pens or pastures accessibl e at all times by 
all pigs in the enclosure. 
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           (3) Exceptions specified in section 25992 of the Health and Safety Code and Article 4 of 
this Chapter apply to the requirements of this section . 
(b) Commencing January 1, 2023, a ny person engaged in business in this state as a 
pork producer, or any out -of-state pork producer that is keeping, maintaining, confining , and/or 
housing a breeding pig for purposes of producing whole pork meat , from the breeding pig or its 
immediate offspring, for human food use in California , shall hold a valid certification issued 
pursuant to Article 5 of this Chapter as a certified operation. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 25992 , Health and Safety Code. 
Section 1322.2. Pork Distributor Registration. 
(a) Any person engaged in business in this state as a pork distributor , or any out -of-state 
pork distributor selling whole pork meat into California for purposes of human food use in the 
state, shall register with the Department pursuant to this Article. 
(b) Any person required to register pursuant to (a) of this section shall submit an 
application for registrat ion provided by the Department including the following information: 
Business name, physical address of distribution operation, mailing address, phone number, 
email address, website address, federal tax identification number, and name, phone number 
and ema il of person authorized to act on the applicant’s behalf. 
(c) The registration shall not be transferable to any person and shall be applicable only 
to the location for which originally issued. 
(d) A registration is required for each facility location from which whole pork meat is sold, 
distributed , or otherwise supplied to the location of an end -user. 
(e) A pork distributor shall not engage in the commercial sale of whole pork meat within, 
or into, California unless such person has obtained and holds a va lid registration from the 
Department pursuant to this section for each facility location. 
(f) Any change in ownership, change of business name, change in business location , 
closure of business, or change of name, address, phone number or email of person a uthorized 
to act on behalf of the registered distributor must be reported to the Department within 30 
business days of such change. 
(g) All information set forth on applications for registrations and renewals for 
registrations, including but not limited t o any documentation of certification required by (j) of this 
section, shall be truthful and not misleading. 
(h) Every registration expires 12 months from the date of issue. 
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       (i) A registration may be renewed each 12-month period by the Department in response 
to an application for renewal by a pork distributor if the business of the facility applying for 
renewal was conducted in accordance with the requirements of this Article and sections 25990 
and 25991 of the Health and Safety Code during the preceding 12 months for which the renewal 
is requested. 
(j) An application to the Department by a pork distributor for initial registration, or for 
purposes of renewal, shall be accompanied by documentation of valid certification pursuant t o 
Article 5 of this Chapter for each location where registration is being sought. A registration shall 
not be issued for any facility location for which the valid certification required by this section has 
not been submitted to the Department. 
(k) Notwi thstanding the requirements of (j) of this section, a registration may be granted 
prior to January 1, 2023 to a pork distributor that submits a self-certifi cation to the Department 
that the pork distributor complies with all applicable requirements of sect ions 1322.4 and 1322.5 
of this Article, and distributes whole pork meat within or into California only from pork producers 
that comply with section 1322.1 of this Article. 
(l) This section shall not apply to a n establishment at which mandatory inspection is 
provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and that holds an 
establishment number (prefix “M”) granted by the Food Safety Inspection Service of the United 
States Department of Agriculture with prefix of “M”. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act (21 U.S.C. section 601 et 
seq.). 
Section 1322.3. Inspection and Audit of Registered Pork Distributor Facil ities. 
(a) Every person required to be registered pursuant to section 1322.2 of this Article shall 
comply with this section. 
(b) Every pork distributor by submitting an application for registration of a facility agrees 
as a condition of registration to provide the Department, and/or certifying agent, entrance and 
access to the premises and business records of the facility for purposes of inspection and a udit 
as described in Article 5 of this Chapter. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1322.4. Whole Pork Meat Shipping Document Requirements. 
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            (a) Shipping Documents . 
(1) Commencing January 1, 2022, all documents of title, shipping invoices, bills of 
lading, and shipping manifests for all shipments of whole pork meat entering the state or 
transported within the state for commercial sale in California shall include the statement 
“California 24+ Compliant” and may be abbreviat ed to read “CA 24+”. The statement shall be 
clearly legible and plainly printed or stamped ; 
(2) For shipments of whole pork meat that was not produced in compliance with section 
25991 of the Health and Safety Code and this Article, and enter California e xclusively for 
purposes of transshipment or export for human consumption outside of the state and are not 
destined for commercial sale in California, all documents of title, shipping invoices, bills of 
lading, and shipping manifests shall, upon entrance in to the state and during transportation and 
storage within the state, be marked with the statement “Not for California Consumption” or “Not 
for California Sale” ; 
(3) For shipments of whole pork meat not produced in compliance with section 25991 of 
the Healt h and Safety Code and this Article that originate from a facility, whether located inside 
or outside of the state, holding an establishment number with prefix “M” granted by the Food 
Safety Inspection Service of the United States Department of Agriculture under the Federal 
Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and being transported to another facility in 
California holding an establishment number with prefix “M” granted by the Food Safety 
Inspection Service of the United States Department of Agriculture under the Federal Meat 
Inspection Act (21 U.S.C. Sec. 601 et seq.), solely for purposes of using the whole pork meat for 
making food products not covered by the Act or this Article, all documents of title, shipping 
invoices, bills of lading, and shipping manifests shall, upon entrance into the state and during 
transportation within the state, be clearly marked with the statement “Only for use at” 
immediately followed by the complete establishment number, inclu ding the prefix “M”, granted 
by the Food Safety Inspection Service of the United States Department of Agriculture for the 
specific facility where the shipment is destined for delivery. 
(b) No person shall label, identify, mark, advertise, or otherwise repr esent, pigs or pork 
meat for commercial sale in California using the statements in (a) of this section, or as meeting 
the requirements of the Act or otherwise meeting California enclosure space requirements, 
unless they were produced in compliance with sec tion 25991 of the Health and Safety Code and 
this Article. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et seq . 
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         Section 1322.5. Pork Distributor Recordkeeping. 
(a) A pork distributor , as a condition of registration pursuant to section 1322.2 of this 
Article , shall maintain records that comply with all the requirements of this section. 
(b) Records shall be sufficien t for purposes of an audit trail as defined in section 1322( b) 
of this Article and the applicable recordkeeping requirements described in section 1326.2 of this 
Chapter. 
(c) Records shall document in a traceable manner that whole pork meat being 
distributed for commercial sale into or within California originates from pork producers that are in 
compliance with all requirements of section 1322.1 of this Article. 
(d) Recor ds shall document the address of the location where the distributor, as the 
buyer, takes physical possession of whole pork meat for each sales transaction. 
(e) Records shall be maintained for two (2) years from the date of creation and be made 
accessible f or inspection and audit by the Department and/or a certifying agent as required by 
section 1322.3 of this Article . 
(f) This section shall not apply to a n establishment at which mandatory inspection is 
provided under the Federal Meat Inspection Act (21 U.S .C. Sec. 601 et seq.) and granted an 
establishment number (prefix “M”) by the Food Safety Inspection Service of the United States 
Department of Agriculture with prefix of “M”. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et seq . 
Section 1322.6. Inspection of Conveyances. 
(a) Every pork distributor by submitting an application for registration agrees as a 
condition of registration to provide the Department or other enforcement officer, and/or a 
certifying agent, access to inspect in California any vehicle or other conveyance under the 
registrant’s o peration or control that is transporting whole pork meat into or within the state. 
(b) Every person shall stop at the request of an enforcement officer at any California 
Border Protection Station for purposes of inspection of cargo and any accompanying shipping 
documents, manifests, and bills of lading, any vehicle or other conveyance transporting into or 
within the state whole pork meat. 
(c) The Department, or other enforcement officer in California, may deny entry to or 
order diversion from the state any vehicle or other conveyance transporting whole pork meat 
intended for commercial sale that was produced, packaged, identified, or shipped in violation of 
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           the requirements of sections 25990 -25992 of the Health and Safety C ode, or the provisions of 
this Article, including but not limited to shipping document requirements specified in section 
1322. 4 of this Article . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 2599 2, Health and Safety Code. 
Section 1322.7 . Tagging and Seizure of Whole Pork Meat . 
(a) The Department or other enforcement officer may affix a warning tag or notice to 
shipping documents, manifests, containers, sub -containers, lots , or loads of pork meat which 
have been produced, packaged, stored, labeled, marked, identified, transported, delivered, or 
sold in violation of the requirements of sections 25990 -25992 of the Health and Safety Code, or 
the provisions of this Article, and m ay give notice of such violation to the pork producer, pork 
distributor , owner, or other person in possession of the pork meat. 
(b) No person shall remove a warning tag or notice from the place it is affixed except 
upon written permission or specific dir ection of the Department or other enforcement officer. 
(c) An enforcement officer may seize and hold any containers, sub -containers, lots or 
loads of pork meat in California which they have reasonable suspicion to believe is in violation 
of the provisions of sections 25990 -25992 of the Health and Safety Code, or the provisions of 
this Article. If the Department or other enforcement officer seizes any container, sub -container, 
lot, or load of pork meat, a hold notice shall be issued to the person that has c ontrol of the pork 
meat, and a tag or notice may be affixed to the container, sub -container, lot , or load which 
states it is so held. 
(d) Any whole pork meat for which a hold notice is issued shall be held by the person 
having control of the whole pork me at and shall not be disturbed, moved, diverted , or offered for 
sale except under the specific directions of the Department or other enforcement officer. 
(e) A person may request an informal hearing to contest tagging, hold notice, or seizure 
of whole pork meat pursuant to section 1327.1 of this Chapter. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 25992, Health and Safety Code. 
Section 1322.8. Written Certification. 
(a) For purposes of section 25993.1 of the Health and Safety Code, any written 
certification from a supplier to a buyer engaged in commercial sales of whole pork meat that 
was not derived from a breeding pig, or offspring of a breeding pig, confined in a c ruel manner 
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    shall be based upon an audit trail as defined in section 1322( b), of this Article, and shall be 
traceable to pork producers compliant with all requirements of section 1322.1 of this Article. 
(b) A retailer or food processing facility that is an end -user and takes possession, 
whether by use of a common carrier, private carrier or other means of conveyance, of whole 
pork meat at, or directly from, a n establishment at which mandatory inspection is provided under 
the Federal Meat Inspection Act (2 1 U.S.C. Sec. 601 et seq.) granted an establishment number 
(prefix “M”) by the Food Safety Inspection Service of the United States Department of 
Agriculture with a prefix of “M” , shall: 
(1) Maintain records documenting written certifications that meet the requirements of this 
section for whole pork meat received during the preceding 12 -month period. 
(2) Maintain records documenting the address of the location where the retailer or food 
processor , as the buyer, takes physical possession of whole pork meat for each sales 
transaction. 
(3) Make the records required by this subsection available on -site for inspection by the 
Department and other state or local health agencies upon request. Elec tronic records are 
considered on -site if they are accessible from an on -site location. 
(c) Subsection (b) of this section shall not apply to a whole pork meat end -user that is an 
official establishment inspected under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et 
seq.) and granted an establishment number (prefix “M”) by the Food Safety Inspection Service 
of the United States Department of Agriculture. 
Note: Authority cited: Section 25993, Health and Safe ty Code. Reference: Section s 25900 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et seq . 
Section 1322.9. Denial, Suspension , or Revocation of Pork Distributor Registration. 
(a) The Department may deny, suspend , or revoke a registration issued pursuant to this 
Article for any of the following: 
(1) Violations that resulted, or reasonably could have resulted, in the commercial sale of 
whole pork meat from breeding pigs, or offspring of breeding pigs, that w as not confined in 
compliance with this Article ; 
(2) Repetitive failure to comply with the requirements of this Article and/or statutes 
pertaining to whole pork meat or breeding pigs in sections 25990 -25992 of the Health and 
Safety Code ; 
(3) Refusal to gra nt access for, or interference with, inspections or audits described in 
sections 1322.3 or 1322.6 of this Article ; 
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       (4) Misrepresenting whole pork meat as being produced in compliance with this Article ; 
or 
(5) Providing false information on an application for registration. 
(b) A person may appeal the Department's decision to refuse to issue, or to deny, 
suspend , or revoke a registration certificate by requesting a formal hearing pursuant to Chapter 
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. 
(c) The Department’s decision to deny, suspend, or revoke a registration shall remain in 
effect pending the outcome of an appeals process. 
Note: Authority cited: Section 25993, Health and Safety Code. Referenc e: Section s 25990 , 
25991, and 25992, Health and Safety Code. 
Section 1322.1 0. Registration with the California Department of Public Health. 
(a) Notwithstanding section 1322.2 of this Article , any person operating a food 
processing establishment in California shall also register with the California Department of 
Public Health pursuant to section 110460 of the Health and Safety Code. The registration 
requirement applies to all forms of process ed pork. 
(b) Evidence of this registration shall be provided to the Department or its designee upon 
request. 
Note: Authority cited: Sections 25993 and 110065, Health and Safety Code. Reference: 
Sections 25990, 25991, 109875, 109935, 110045, and 110460, H ealth and Safety Code. 
5) Adopt Article 4 and section 1324 of Chapter 10 of Division 2 of Title 3 of the California Code 
of Regulations, to read as follows: 
Article 4. Exceptions. 
Section 1324. Definitions. 
(a) “Individual treatment” for purposes of section 25992 of the Health and Safety Code, 
and this Chapter, means any protocol, practice, procedure, or application of care concerned 
with the diagnosis, treatment, mitigation , or prevention of animal disease, injury or harm that is 
administ ered by, or conducted under the order or recommendation of, a licensed veterinarian as 
part of a veterinarian -client -patient relationship as defined in section 530.3(i) of Title 21 of the 
Code of Federal Regulations . 
(b) “Medical research” for purposes of section 25992 of the Health and Safety Code, and 
this Chapter, means any basic and applied research that relates or contributes to the scientific 
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            understanding, promotion, or protection of human or animal health, fitness, function, 
performance, welfare or care, and that is conducted under the review of an Institutional Animal 
Care and Use Committee  operating in accordance with section 2.31 of Title 9 of the Code of 
Federal Regulations. 
Note: Authority cited: Section 25993, Health and Safety Code. Referen ce: Section s 25990 , 
25991, and 2599 2, Health and Safety Code and Title 9, Part 2, section 2.31 and Title 21, Part 
530, section 530.3(i) , Code of Federal Regulations. 
6) Adopt Article 5 and sections 1326 through 1326.2 2 of Chapter 10 of Division 2 of Title 3 of 
the California Code of Regulations, to read as follows: 
Article 5. Certification and Accredited Certifiers. 
Section 1326. Definitions. 
Unless the context otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand: 
(a) “Accreditation or accredit” means a determination made by the Department that 
authorizes a private entity to conduct certification activities as a certifying agent under this 
Chapter. 
(b) “Act” means the Farm Animal Cruelty statute , as amended (Chapter 13.8 
(commencing with section 25990) of Division 20 of the Health and Safety Code .). 
(c) “Area of operation” means the types of covered animal production or distribution 
operations, including veal calves and whole veal meat, breeding pigs and whole pork meat, egg-
laying hens and shell eggs or liquid eggs, or any combination thereof that a certifying agent may 
be accredited to certify under this Chapter. 
(d) “Certification or certify” means a determination made by a certifying agent that a 
production or distri bution operation is in compliance with the Act and this Chapter, which is 
documented by a certificate of California farm animal confinement compliance . 
(e) “Certified operation” means a production or distribution operation, or portion of such 
operation, t hat is certified by a certifying agent as utilizing a system of animal confinement or 
distribution as described by the Act and this Chapter. 
(f) “Certifying agent” means any private entity accredited by the Department as a third -
party certifying agent for the purpose of certifying a production or distribution operation as a 
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          certified operation, the Department, or any government entity that the Department recognizes as 
providing functionally equivalent certification services to the requirements of this Chap ter. 
(g) “Certifying agent's operation” means a ll sites, facilities, personnel, and records used 
by an accredited private certifying agent to conduct certification activities under the regulations 
in this Chapter. 
(h) “Covered animal” means any calf raise d for veal, breeding pig, or egg -laying hen who 
is kept on a farm pursuant to sections 25991(f) and (i) of the Health and Safety Code for 
purposes of producing covered products. 
(i) “Covered product” means all of the following: 
(1) Shell eggs as defined in section 25991(p) of the Health and Safety Code and section 
1320 (aa), of this Chapter ; or 
(2) Liquid eggs as defined in section 25991(l) of the Health and Safety Code and, 
section 1320 (u) of this Chapter ; or 
(3) Whole veal meat as defined in sect ion 25991(v) of the Health and Safety Code and 
section 1321 (bb) of this Chapter ; or 
(4) Whole pork meat as defined in section 25991(u) of the Health and Safety Code and 
section 1322 (bb) of this Chapter. 
(j) “Department” means the California Department of Food and Agr iculture. 
(k) “Distributor” means an egg distributor as defined in section 1320( k), a veal distributor 
as defined in section 1321( z), and a pork distributor as defined in section 1322( u), of this 
Chapter. 
(l) “Distributor operati on” means any operation or portion of an operation that conducts 
activities as a distributor. 
(m) “Employee” means a ny person providing paid or volunteer services for a certifying 
agent. 
(n) “Governmental entity” means any local, state , or federal domest ic government, tribal 
government, or foreign governmental subdivision providing certification services. 
(o) “Immediate family” means t he spouse, minor children, or blood relatives who reside 
in the immediate household of a certifying agent or in the immediate household of employee, 
inspector, contractor, or other personnel of the certifying agent. For the purpose of this Chapter, 
the int erest of a spouse, minor child, or blood relative who is a resident of the immediate 
household of a certifying agent or an employee, inspector, contractor, or other personnel of the 
certifying agent shall be considered to be an interest of the certifying a gent or an employee, 
inspector, contractor, or other personnel of the certifying agent. 
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 (p) “Inspection” means t he act of examining and evaluating the production or distribution 
operation of an applicant for certification o r a certified operation to deter mine compliance with 
the Act and this Chapter. 
(q) “Inspector” means any person retained or used by a certifying agent to conduct 
inspections of certification applicants or certified production or distribution operations, or an 
authorized representative o f the Department. 
(r) “Label” means a display of written, printed, or graphic material on the immediate 
container of a covered product or any such material affixed to any covered product or affixed to 
a bulk container containing a covered product, except for package liners or a display of written, 
printed, or graphic material which contains only information about the weight of the product. 
(s) “Labeling” means all written, printed, or graphic material accompanying a covered 
product at any time or written, printed, or graphic material about the covered product displayed 
at retail stores about the product. 
(t) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability corporation, corporation, estate, trust, receiver, or syndicate. 
(u) “Private entity” means a ny domestic or foreign nongovernmental, for -profit , or not -for-
profit organization providing certification services. 
(v) “Producer” means an egg producer as defined in section 1320( m), a veal producer as 
defined in section 1321( aa), and a pork producer as defined in section 1322( v). 
(w) “Records” means any information in written, visual, or electronic form that documents 
the activities undertaken by a producer, distributor , or certifying agent to comply w ith the Act 
and this Chapter. 
(x) “Responsibly connected” means a ny person who is a partner, officer, director, holder, 
manager, or owner of 10 percent or more of the voting stock of an applicant , or a recipient of 
certification or accreditation. 
(y) “Split operation” means an operation that produces or distributes covered animals 
and/or covered products from operations, or portions of an operation, that are both in 
conformance and out -of-conforma nce with the confinement standards of the Act and this 
Chapter. 
(z) “State” means a ny of the several States of the United States of America, its 
territories, the District of Columbia, and the Commonwealth of Puerto Rico. 
Note: Authority cited: Section 259 93, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
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         Section 1326.1. General Requirements for Certification. 
A person seeking to receive or maintain certification under this Chapter must: 
(a) Comply with the Act and applicable regulations of this Chapter; 
(b) Allow on -site inspections by the certifying agent, and /or authorized representatives of 
the Department, with access to the production and/or distribution operation, and offices as 
provided for in sections 1326.2 and 1326.5 of this Article ; 
(c) If a producer, allow access by the certifying agent, and /or authorized representatives 
of the Department, to pastur es, fields, structures, and houses where covered animals and 
covered animal products may be kept, produced, processed, handled, stored or transported, 
including the inspection of all enclosures for covered animals ; 
(d) If a distributor , allow access by t he certifying agent, and /or authorized 
representatives of the Department, to examine all covered products that are sold or intended, 
held, segregated, stored, packaged, labeled, or represented for sale or distribution ; 
(e) Allow access by the certifying agent, and /or authorized representatives of the 
Department, to containers, labels, labeling, invoices, documents of title, and bills of lading used 
in the handling, storage, packaging, sale, transportation , or distribution of covered products ; 
(f) Allow access by the certifying agent, and /or authorized representatives of the 
Department, during normal business hours for review and copying of records required by 
section 1326.2 of this Article ; and 
(g) Immediately notify the certifying agent concer ning any change in a certified operation 
or any portion of a certified operation that may affect its compliance with the Act and this 
Chapter. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Saf ety Code. 
Section 1326.2. Recordkeeping by Certified Operations. 
(a) In order to receive and maintain certification, a certified operation must maintain 
records concerning the production and distribution of covered animals and/or covered products. 
(b) Such records must: 
(1) Be maintained by a producer in sufficient de tail to document that covered animals 
were confined in compliance with sections 25991 and 25992 of the Health and Safety Code and 
the requirements of this Chapter ; 
(2) Be maintained by a distributor in sufficient detail to document the identification, 
source, supplier, transfer of ownership, transportation, storage, segregation, handling, 
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  packaging, distribution , and sale of covered products that were derived from animals confined in 
compliance with sections 25991 and 25992 of the Health and Safety Code an d this Chapter ; 
(3) Be maintained for not less than two (2) years beyond their creation ; 
(4) Include records of all covered animal and/or covered product transactions for the 
preceding two -year period. The records must indicate the date, quantity, identity of the buyer 
and seller , and the address where physical possession of covered product took place for each 
transaction ; 
(5) Include documentation and records for the preceding two -year period pertaining to 
the production, processing, handling, packaging, storage, transportation, or sale of covered 
animals or covered products sold , intended for sale in California or identified or represented as 
compliant with the confinement requirements of the Act and this Chapter ; 
(6) Include documentation of the size of the certified operation, the quantity of covered 
animals and/or covered products produced or processed from each facility or farm unit in the 
certified operation, the number of covered animal enclosures for each facility or farm unit, the 
size of each enclosure, the number of covered animals housed in each enclosure, and the dates 
of stocking, harvest and production ; 
(7) If the facility is a split operation, include documentation sufficient to demonstrate the 
identification, segregation , distribution, and handling of covered animals and/or covered 
products to prevent commingling with any animals or products that do not comply with 
requirements of the Act ; and 
(8) Include documentation of registration issued by the Department pursuant to sections 
1320.2 , 1321.2 , and 1322.2 of this Chapter , as applicable to the certified operation. 
(c) The inspection and audit of any records and documents required by this section, may 
be conducted by the Department, or other certifying agent, by on -site inspection at the certified 
operation location, or by utilizing email, phone, teleconference, or any combination thereof, at 
the discretion of the certifying agent or the Department. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 , 
25991, and 25992, Health and Safety Code. 
Section 1326.3. Application for Certification. 
(a) A person seeking certification of a production or distribution operation by a certifying 
agent under this Article must submit an application for certification that includes all the following 
information: 
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            (1) The name of the person completing the application; the applicant's business name, 
physical address, mailing ad dress, and telephone number; and, when the applicant is a 
corporation, the name, address, email, and telephone number of the person authorized to act on 
the applicant's behalf ; 
(2) The name(s) of any certifying agent(s) to which application has previously been 
made; the year(s) of application; the outcome of the application(s) submission, including, when 
available, a copy of any notification of noncompliance , denial or revocation of certification issued 
to the applicant for certification; and a description of the actions taken by the applicant to correct 
the noncompliance noted in the notification of noncompliance, including evidence of such 
correction ; 
(3) A description of the type and quantity of covered animals and/or covered products to 
be produced and /or distributed at the facility for which certification is being requested ; 
(4) A description of the covered animal confinement system to be used at the facility, 
including but not limited to the number of enclosures, size of enclosures and maximum number 
of covered animals to be housed in each, and additional information as deemed necessary by 
the certifying agent to determine compliance with the Act and this Chapter ; 
(5) A description of the management practices, physical barriers, and standard operating 
procedures established to prevent commingling of covered animals or covered products if the 
facility is a split operation ; and 
(b) If the certifying agent is a government entity other than the Department, it may use its 
own authorized procedures for applic ation for certification in lieu of this section’s requirements. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.4. Review of Application for Certification. 
(a) Upon acceptance of an application for certification, a certifying agent must: 
(1) Review the application to ensure completeness pursuant to section 1326.3 of this 
Article ; 
(2) Determine by a review of the application materials whether the applicant appears to 
comply or may be able to comply with the applicable requirements of the Act and this Chapter; 
(3) Verify that an applicant who previously applied to another certifying agent and 
received a notification of noncompliance , denial or revocation of certification, pursuant to section 
1326.7 of this Article , has submitted documentation to support the correction of any issues of 
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          noncompliance identified in the notification of noncompliance or denial of certification, as 
required in section 1326.7(e) of this Article ; and 
(4) Schedule an on -site inspection , pursuant to section 1326.5 of this Article, of the 
production or distribution operation to determine whether the applicant qualifies for certification if 
the review of application materials reveals that the production or distribution operation may be in 
compliance with the applicable requirements of the Act and this Chapter. 
(b) A certifying agent shall : 
(1) Review the application materials received and communicate its findings to the 
applicant ; and 
(2) Provide the applicant with a copy of the on -site inspection report, as approved by the 
certifying agent, for any on -site inspecti on performed. 
(c) The applicant may withdraw its application at any time. An applicant that voluntarily 
withdrew its application prior to the issuance of a notice of noncompliance will not be issued a 
notice of noncompliance. Similarly, an applicant that voluntarily withdrew its application prior to 
the issuance of a notice of certification denial will not be issued a notice of certification denial. 
(d) If the certifying agent is a government entity other than the Department, it may use its 
own authorized procedures for application review in lieu of this section’s requirements as long 
as such review includes an on -site verification of an applicant’s compliance with the Act and 
applicable provisions of this Chapter by a process equivalent to that described in section 1326.5 
of this Article . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.5. On-site Inspections. 
(a) On-site inspections. 
(1) In order to grant certification, a certifying agent must conduct an initial on -site 
inspection of each production unit, facility, and site that produces or distributes covered animals 
or covered products that is included in an operation for which certification is requested. An on -
site inspection must be conduc ted at least once every 12 months thereafter for each certified 
operation that produces or distributes covered animal s or covered products for the purpose o f 
determining whether to approve the request for certification or whether certification of the 
operation should continue. 
(2) The Department may require that additional inspections be performed by an 
accredited certifying agent or the Department for the p urpose of determining compliance with 
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  the Act and this Chapter. Additional inspections may b e announced or unannounced as 
required by the Department. 
(b) Scheduling. 
(1) The initial on -site inspection must be conducted within 3 months following a 
determi nation that the applicant appears to comply or may be able to comply with the 
requirements of the Act and this Chapter . 
(2) All on -site inspections must be conducted when an authorized representative of the 
operation who is knowledgeable about the operati on is present and at a time when facilities and 
activities that demonstrate the operation's compliance with or capability to comply with the 
applicable provisions of the Act and this Chapter can be observed, except that this requirement 
does not apply to u nannounced on -site inspections. 
(c) Verification of information. The on -site inspection of an operation must verify: 
(1) The operation's compliance or capability to comply with the Act and this Chapter ; and 
(2) That the information provided in accordanc e with sections 1326.3 and 1326.8 of this 
Article accurately reflects the practices used or to be used by the applicant for certification or by 
the certified operation. 
(d) Exit interview. The inspector must conduct an exit interview with an authorized 
representative of the operation who is knowledgeable about the inspected operation to confirm 
the accuracy and completeness of inspection observations and information gathered during the 
on-site inspection. The inspector must also address the need for any additional information as 
well as any issues of concern. 
(e) A copy of the on -site inspection report shall be sent to the inspected operation by the 
certifying agent. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.6. Granting Certification. 
(a) After completion of the initial on -site inspection, a certifying agent must review the 
on-site inspection re port, and any additional information requested from or supplied by the 
applicant. If the certifying agent determines that the confinement or distribution system and all 
procedures and activities of the applicant's operation are in compliance with the Act a nd this 
Chapter, the agent shall grant certification. 
(b) When a certifying agent issues a certificate of compliance it shall specify all the 
following: 
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     (1) Name and address of the certified operation; 
(2) Effective date of certification; 
(3) Date of most recent on -site inspection ; 
(4) Categories of operation, including whether the operation is a producer, distributor or 
both, a split operation, and the species of covered animals and/or types of covered products 
produced or distributed by the certified operation; and 
(5) Name, address, and telephone number of the certifying agent. 
(c) Notwithstanding (a) of this section, the Department will accept certifications granted 
by another government entity using procedures established under the auth ority of that 
government entity, provided such certification is based on on -site verification of a certified 
operation’s compliance with the Act and applicable provisions of this Chapter by a process 
equivalent to that described in section 1326.5 of this A rticle, and that the certificate specifies at 
a minimum the information described in paragraph (b) of this section. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.7. Denial of Certification. 
(a) When the certifying agent, based on a review of the information specified in sections 
1326.2, 1326.3, 1326.4 or 1326.5 of this Article , determines that an applicant for certific ation is 
not in compliance with the Act and this Chapter, the certifying agent shall provide a written 
notification of noncompliance to the applicant. When correction of a noncompliance is not 
possible, a notification of noncompliance and a notification of denial of certification may be 
combined in one notification. The notification of noncompliance shall provide: 
(1) A description of each noncompliance; 
(2) The facts upon which the notification of noncompliance is based; and 
(3) The date by which the app licant must rebut or correct each noncompliance and 
submit supporting documentation of each such correction when correction is possible. 
(b) Upon receipt of such notification of noncompliance, the applicant may: 
(1) Correct noncompliances and submit a de scription of the corrective actions taken with 
supporting documentation to the certifying agent; 
(2) Correct noncompliances and submit a new application to another certifying agent: 
Provided, that the applicant must include a complete application, the not ification of 
noncompliance received from the first certifying agent, and a description of the corrective 
actions taken with supporting documentation; or 
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      (3) Submit written information to the issuing certifying agent to rebut the noncompliance 
described in the notification of noncompliance. 
(c) After issuance of a notification of noncompliance, the certifying agent must: 
(1) Evaluate the applicant's corrective actions taken and supporting documentation 
submitted or the written rebuttal and conduct an on -site inspection if necessary ; 
(2) When the corrective action or rebuttal is sufficient for the applicant to qualify for 
certification, issue the applicant an approval of certification pursuant to section 1326.6 of this 
Article ; or 
(3) When the corrective action or rebuttal is not sufficient for the applicant to qualify for 
certification, issue the applicant a written notice of denial of certification ; 
(d) A certifying agent must i ssue a written notice of denial of certification to an applicant 
who fails to respond to the notification of noncompliance. 
(e) A notice of denial of certification must state the reason(s) for denial and the 
applicant's right to: 
(1) Reapply for certification pursuant to sections 1326.3 and 1326.8 of this A rticle ; 
(2) Request mediation pursuant to section 132 7.2 of this Chapter ; or 
(3) File an appeal for a formal hearing of the denial of certification pursuant to Chapter 5 
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code . 
(f) An applicant for certification who has received a written notification of noncompliance 
or a written notice of denial of certification may apply for certification again at any time with any 
certifying agent, in accordance with sections 1326.3 and 1326.8 of this Article . When such 
applicant submits a new application to a certifying agent other than the agent who issued the 
notification of noncompliance or notice of denial of certification, the applicant for certification 
must include a c opy of the notification of noncompliance or notice of denial of certification and a 
description of the actions taken, with supporting documentation, to correct the noncompliances 
noted in the notification of noncompliance. 
(g) A certifying agent who recei ves a new application for certification, which includes a 
notification of noncompliance , a notice of denial or revocation of certification, must treat the 
application as a new application and begin a new application process pursuant to sections 
1326.3 and 1326.4 of this Article . 
(h) Notwithstanding (a) of this section, if a certifying agent has reason to believe that an 
applicant for certification has willfully made a false statement or otherwise purposefully 
misrepresented the applicant's operation or its compliance with the certif ication requirements 
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         pursuant to this Article , the certifying agent may deny certification pursuant to ( e) of this section 
without first issuing a notification of noncompliance. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sect ions 25990 and 
25991, Health and Safety Code. 
Section 1326.8. Continuation of Certification. 
(a) To continue certification, a certified operation must annually submit the following 
renewal information, as applicable, to the certifying agent: 
(1) A summ ary statement, supported by documentation, detailing any deviations from, or 
changes to, information submitted on the previous year's application, including but not limited to 
any additions to or deletions from the information required pursuant to section 1326.3 of this 
Article ; 
(2) An update on the correction of minor noncompliances previously identified by the 
certifying agent as requiring correction for continued certification; and 
(3) Other information as deemed necessary by the certifying agent to determine 
compliance with the Act and this Chapter. 
(b) Following the receipt of the information specified in subsection (a) of this section, the 
certifying agent shall arrange and conduct an on -site inspection of the certified operation 
pursuant to section 1326.5 of this Article to determine compliance with the Act and this Chapter . 
(c) If the certifying agent determines, based on the on -site inspection and a review of the 
information specified in (a) of this section, that a certified operation is not complying with the 
requirements of the Act and this Chapter, the certifying agent sh all provide a written notification 
of noncompliance to the operation in accordance with section 1326.20 of this Article . 
(d) If the certifying agent determines, based on the on -site inspection and a review of the 
information specified in subsection (a) of this section, that the certified operation is complying 
with the Act and this Chapter, the certifying agent shall issue an updated certificate of 
compliance pursuant to section 1326.6(b) of this Article . 
(e) Any change in ownership, change of business nam e, or change in business location, 
closure of business, or change of name, address, phone number or email of person authorized 
to act on behalf of the certified operation must be reported to the certifying agent within 30 days 
of such change. 
(f) If the ce rtifying agent is a government entity other than the Department, it may use its 
own authorized procedures for continuation of certification in lieu of this section’s requirements 
as long as such renewal process includes an on -site verification of the certi fied operation’s 
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    compliance with the Act and applicable provisions of this Chapter by a process equivalent to 
that described in section 1326.5. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.9. Areas and Duration of Accreditation as a Certifying Agent . 
(a) The Department may accredit a qualified domestic or foreign applicant to certify a 
domestic or foreign production or distribution operation as a certified operation. 
(b) Accreditation shall be for a period of five ( 5) years from the date of approval of 
accreditation pursuant to section 1326.14 of this Article . 
(c) In lieu of accreditation under (a) of this section, the Department will accept a foreign 
certifying agent's accreditation to certify production or distribution operations if the Department 
determines, upon the request of a foreign government, that the standards under which the 
foreign government authority accredited the foreign certifying agent are functionally equivalent 
to the requirements of this Chapter. 
(d) Notwithstanding any provision of this Chapter, the Department may, at its discretion, 
certify a production or distribution operation as a certified operation after determ ining an 
operation is in compliance with the provisions of the Act and this Chapter. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.10. General Requirements for Accredited Certifying Agent s. 
(a) In order to receive and maintain accreditation, a private entity accredited as a 
certifying agent under this Chapter must: 
(1) Have sufficient expertise in covered animal production and covered product 
distribution techniques to fully comply with and implement the terms and conditions of the 
certification program established under this Chapter; 
(2) Carry out the provisions of the Act and this Chapter, including the provisions of 
certifying operations as described in sections 1326.3 through 1326.8 of this Article ; 
(3) Use a sufficient number of adequately trained personnel, including inspectors , and 
certification review personnel, to comply with and implement the certification program 
established under this Chapter; 
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    (4) Ensure that its responsibly connected persons, employees, and contractors with 
inspection, analysis, and decision -making responsibilities have sufficient expertise in covered 
animal production and covered product distribution to successfully perform t he duties assigned; 
(5) Provide sufficient information to persons seeking certification to enable them to 
comply with the applicable requirements of the Act and this Chapter; 
(6) Maintain all records pursuant to section 1326.17(b) of this Article and mak e all such 
records available for inspection and copying during normal business hours by authorized 
representatives of the Department; 
(7) Not disclose any information collected pursuant to this Article obtained while 
certifying producers or distributors f or compliance with this Chapter to any third -party without 
approval by the Department. Any request to an accredited certif ying agent for records or 
documents must be submitted to the Department for review and approval pursuant to the 
California Public Rec ords Act (Government Code section 6250 et seq.) ; 
(8) Prevent conflicts of interest by: 
(A) Not certifying a production or distribution operation if the certifying agent or a 
responsibly connected party of such certifying agent has or has held a commercial interest in 
the production or distribution operation, including an immediate family interest or the provision of 
consulting services, w ithin the 12 -month period prior to the application for certification; 
(B) Excluding any person, including contractors, with conflicts of interest from work, 
discussions, and decisions in all stages of the certification process and the monitoring of 
certif ied production or distribution operations for all entities in which such person has or has 
held a commercial interest, including an immediate family interest or the provision of consulting 
services, within the 12 -month period prior to the application for c ertification; 
(C) Not permitting any employee, inspector, contractor, or other personnel to accept 
payment, gifts, or favors of any kind, other than prescribed fees, from any business inspected .; 
(9) Refrain from making false or misleading claims about i ts accreditation status, the 
accreditation program for certifying agents, or the nature or qualities of covered products; and 
(10) Submit to the Department a copy of: 
(A) Within 14 days of creation, a ny notice of proposed suspension or revocation and 
notification of suspension or revocation sent pursuant to section 1326.20 of this Article ; and 
(B) Annual report as described in section 1326.17(a) of this Article including the name, 
address, and telephone number of each operation granted initial certificati on pursuant to section 
1326. 6 of this Article or an updated certification pursuant to section 1326.8 of this Article , during 
the preceding year . 
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       (b) A private entity accredited as a certifying agent must: 
(1) Hold the Department harmless for any failure on the part of the certifying agent to 
carry out the provisions of the Act and this Chapter; and 
(2) Transfer to the Department all records or copies of records concerning the person's 
certification activities related to this Article in the event that the certifying agent dissolves or 
loses its accreditation; provided, that, such transfer shall not ap ply to a merger, sale, or other 
transfer of ownership of a certifying agent. 
(c) No certifying agent under this Article shall exclude from participation in or deny the 
benefits of certification to any person due to discrimination because of race, color, n ational 
origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family 
status. 
(d) A private entity seeking accreditation under this Article must sign and return a 
statement of agreement prepared by the Department w hich affirms that, if granted accreditation 
as a certifying agent under this Chapter, the applicant will carry out the provisions of the Act and 
this Chapter, including but not limited to all applicable requirements of this section. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.11. Applying for Accreditation as a Certifying Agent. 
(a) A private entity seeking accreditation as a certifying agent under this section must 
submit an application for accreditation provided by the Department which contains the 
applicable information and documents set forth in sections 1326.12 and 1326.13 of this Article . 
(b) Following the receipt of the information and documents, the Department will 
determine, pursuant to sections 1326.12 and 1326.13 of this A rticle , whether the applicant for 
accreditation should be accredited as a certifying agent. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.12. Applicant Information for Accreditation as a Certifying Agent . 
A private entity seeking accreditation as a certifying agent must submit the following 
information: 
(a) The business name, primary office location, mailing address, name of the person(s) 
responsible for the certifying agent's day -to-day operations, contact numbers (telephone, 
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        facsimile, email and Internet address) of the applicant, and, the entity's federal taxpayer 
identification number; 
(b) The name, office location, mailing address, and contact numbers (telephone, 
facsimile, email and Internet address) for each of its organizational units, such as Chapters or 
subsidiary offices, and the name of a cont act person for each unit; 
(c) Each area of operation (veal calves, breeding pigs, or egg -laying hens or distribution ) 
for which accreditation is requested and the estimated number of each type of operation 
anticipated to be certified annually by the appli cant along with a copy of the applicant's schedule 
of fees for all services to be provided under these regulations by the applicant; 
(d) The type of entity the applicant is (e.g., for -profit business, not -for-profit membership 
association) and documentati on showing the entity's status and organizational purpose, such as 
Articles of incorporation and by -laws or ownership or membership provisions, and its date of 
establishment; and 
(e) A list of each State or foreign country in which the applicant has previ ously 
conducted certification services and a list of each State or foreign country in which the applicant 
intends to certify production or distribution operations pursuant to this Chapter. 
Note: Authority cited: Section 25993, Health and Safety Code. Refe rence: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.13. Evidence of Expertise and Ability. 
A private entity seeking accreditation as a certifying agent must submit to the 
Department all of the following documents and information: 
(a) Personnel . 
(1) The name and position description of personnel in the certifier’s operation performing 
inspections , members of any certification review and evaluation committees, and inspection 
contractors. 
(2) A description of the quali fications, including experience, training, and education in 
auditing, inspection, covered animal production and/or covered product distribution , or other 
relevant areas of work for: 
(A) Each inspector to be used by the applicant ; and 
(B) Each person to b e designated by the applicant to review or evaluate applications for 
certification. 
(3) A description of procedures, practices , and training to ensure that its responsibly 
connected persons, employees, and contractors with inspection, analysis, auditing a nd 
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           decision -making responsibilities have sufficient expertise to successfully perform the duties 
assigned and to comply with and implement the requirements of the Act and this Chapter. 
(b) Administrative policies and procedures. 
(1) A copy of the procedures to be used to evaluate certification applicants, make 
certification decisions, and issue certification certificates; 
(2) A copy of the procedures to be used for reviewing and investigating certified 
operation s compliance with the Act and this Chapter and the reporting of violations of the Act 
and this Chapter to the Department; and 
(3) A copy of the procedures to be used for complying with the recordkeeping 
requirements set forth in section 1326.10(a)(6) of thi s Article . 
(c) Conflicts of interest. A copy of procedures to be implemented to prevent the 
occurrence of conflicts of interest, as described in section 1326.10(a)(8) of this Article . 
(d) Other information. Any other information the applicant believes m ay assist in the 
Department’s evaluation of the applicant's expertise and ability. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.14. Granting Accreditation. 
(a) Accreditation will be granted when: 
(1) The accreditation applicant has submitted the information required by sections 
1326.12 and 1326.13 of this Article ; and 
(2) The Department determines that the applicant for accreditatio n meets the 
requirements for accreditation as stated in section 1326.10 of this Article , as determined by a 
review of the information submitted in accordance with sections 1326.12 and 1326.13 of this 
Article and, if necessary, a review of the information o btained from a n on-site evaluation as 
provided for in section 1326.16 of this Article . 
(b) On making a determination to approve an application for accreditation, the 
Department will notify the applicant of the granting of accreditation in writing, stating : 
(1) The area(s) for which accreditation is given; 
(2) The effective date of the accreditation; and 
(3) The date of expiration of the accreditation. 
(c) The accreditation of a certifying agent shall continue in effect until such time as the 
certifying a gent fails to renew accreditation as provided in section 1326.1 7(c) of this Article , the 
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   certifying agent voluntarily ceases its certification activities, or accreditation is suspended or 
revoked pursuant to section 1326.2 1 of this Article . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.15. Denial of Accreditation. 
(a) If the Department has reason to believe, based on a review of the information 
specified in sections 1326.12 and 1326.13 of this Article or after a n on-site evaluation as 
specified in section 1326.16, that an applicant for accreditation is not able to comply or is not in 
compliance with the requirements of the Act and this Chapter, the Department shall provide a 
written notification of noncompliance to th e applicant. Such notification shall provide: 
(1) A description of each noncompliance; 
(2) The facts upon which the notification of noncompliance is based; and 
(3) The date by which the applicant must rebut or correct each noncompliance and 
submit supporting documentation of each such correction when correction is possible. 
(b) When each noncompliance has been resolved, the Department will send the 
applicant a w ritten notification of noncompliance resolution and proceed with further processing 
of the application. 
(c) If an applicant fails to correct the noncompliances, fails to report the corrections by 
the date specified in the notification of noncompliance, fa ils to file a rebuttal of the notification of 
noncompliance by the date specified, or is unsuccessful in its rebuttal, the Department will 
provide the applicant with written notification of accreditation denial. An applicant who has 
received written notif ication of accreditation denial may apply for accreditation again at any time 
in accordance with sections 1326. 12 and 1326. 13 of this Article or appeal the denial of 
accreditation in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of 
Division 3 of Title 2 of the Government Code . 
(d) If the certifying agent was accredited prior to an on-site evaluation and the on-site 
evaluation reveals issues of noncompliance, the Department will begin the noncompliance 
procedures for accredited certify ing agents according to section 1326.21 of this Article. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.16. On-site Evaluations. 
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 (a) In order to receive and maintain accreditation, an accredited certifying agent must 
allow on-site evaluations for the purpose of examining the certifying agent's operations and 
evaluating its compliance with the Act and this Chapter. On-site evaluatio ns shall include a 
review of the certifying agent's certification procedures, facilities, administrative and 
management systems for production or distribution operations certified by the certifying agent. 
On-site evaluations shall be conducted by a representative(s) of the Department. 
(b) An initial on-site evaluation of an accreditation applicant may, at the discretion of the 
Department, be conducted before or after issuance of the applicant's “notification o f 
accreditation.” An on-site evaluation shall be conducted after application for renewal of 
accreditation , but prior to the issuance of a notice of renewal of accreditation. One or more on-
site evaluations will be conducted during the period of accredita tion to determine whether an 
accredited certifying agent is complying with the requirements set forth in section 1326.10 of this 
Article . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code. 
Section 1326.17. Annual Report, Recordkeeping, and Renewal of Accreditation. 
(a) Annual report . An accredited certifying agent must submit annually to the 
Department, on or before January 30 , the following reports: 
(1) A complete and accurate update of information submitted pursuant to sections 
1326.10(a)(10)(B), 1326.12 and 1326.13 of this Article ; 
(2) Information supporting any changes being requested in the areas of accreditation 
described in section 1326.9 of this Article ; and 
(3) A description of the measures implemented in the previous year and any measures 
to be implemented in the coming year to satisfy any terms and conditions determined by the 
Department to be necessary, as specified in the most recent on-site inspection report . 
(b) Recordkeeping. Accredited private certifying agents must maintain records 
according to the following schedul e: 
(1) Records obtained from applicants for certification and certified operations must be 
maintained for not less than three ( 3) years beyond their receipt; 
(2) Records created by the certifying agent regarding applicants for certification and 
certified operations must be maintained for not less than three ( 3) years beyond their creation; 
and 
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           (3) Records created or received by the certifying agent pursuant to the accreditation 
requirements of this Article, excluding any records covered by section 1326.17(b)(2) of this 
Article , must be maintained for not less than three ( 3) years beyond their creation or receipt. 
(c) Renewal of accreditation. 
(1) An accredited certifying agent's application for accreditation renewal must be 
received at least 6 months prior to the fifth anniversary of issuance of the notification of 
accreditation and each subsequent renewal of accr editation. Certifying agents with an expired 
accreditation shall not perform certification activities under the Act and this Chapter. 
(2) Following receipt of the information submitted by the certifying agent in accordance 
with (a) of this section and th e results of a n on-site evaluation, the Department will determine 
whether the certifying agent remains in compliance with the Act and this Chapter and should 
have its accreditation renewed. 
(d) Notice of renewal of accreditation. Upon a determination that the certifying agent is 
in compliance with the Act and this Chapter , the Department will issue a notice of renewal of 
accreditation according to 1326.14(b) of this Article . 
(e) Notice of denial of renewal of accreditation. If the certifying agent is found not to be 
in compliance with the Act and this Chapter, and the accreditation has expired, the Department 
will issue a notice of denial of renewal and include reason(s) why renewal was denied and 
corrective actions to be taken by the certifying agent before applying again according to 
sections 1326.12 and 1326.13 of this Article. A notice of denial of renewal of accreditation can 
be appealed by request ing a formal hearing pursuant to Chapter 5 (commencing with Section 
11500) of P art 1 of Division 3 of Title 2 of the Government Code. 
(f) Noncompliance. Upon a determination that the certifying agent is not in compliance 
with the Act and this Chapter, and the accreditation has not expired, the Department will initiate 
proceedings to suspend or revoke the certifying agent's accreditation as described in section 
1326.21 of this Article . 
(g) Amending accreditation. Amendment to scope of an accreditation may be requested 
at any time. The appl ication for amendment shall be provided by the Department and shall 
contain information applicable to the requested change in accreditation, and a complete and 
accurate update of the information submitted pursuant to sections 1326.12 and 1326.13 of this 
Article. 
(h) Any change in ownership, change of business name, change in business location, 
closure of business, or change of name, address, phone number or email of person authorized 
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  to act on behalf of the accredited certifier must be reported to the Department wit hin 30 days of 
such change. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.18. General Compliance. 
(a) As a condition of certification and accreditation as a private certifying agent, the 
Department may inspect and review certified production and distribution operations and 
accredited certifying agents that are private entities for compliance with the Act or this Chapter. 
(b) The Department may initiate suspension or revocation proceedings against a 
certified operation as described in section 1326.20 of this Article : 
(1) When the Department has determined a certified operation has violated or is not in 
compliance with the Act or this Chapter; or 
(2) When a certifying agent fails to take appropriate action to enforce the Act or this 
Chapter. 
(c) The Department may ini tiate suspension or revocation of a private certifying agent's 
accreditation , as described in section 1326.21 of th is Article, if the certifying agent that is a 
private entity fails to meet, conduct, or maintain accreditation requirements pursuant to the A ct 
or this Chapter. 
(d) Each notification of noncompliance, rejection of mediation, noncompliance resolution, 
proposed suspension or revocation, and suspension or revocation issued pursuant to sections 
1326.20, 1326.21, and 1327. 2 and each response to suc h notification must be sent to the 
recipient's place of business via a delivery service which provides dated return receipts. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Secti on 1326.19. Investigation of Certified Operations. 
A certifying agent shall report to the Department complaints of noncompliance with the 
Act or this Chapter concerning production and distribution operations certified as compliant with 
the Act and this Chapter by the certifying agent. The Department may at its discretion 
investigate complaints of noncompliance with the Act and require additional inspections by a 
certifying agent. 
Note: Authority cited: Section 25993, Health and Sa fety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
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              Section 1326.20. Noncompliance Procedure for Certified Operations. 
(a) Notification. When an inspection, review, or investigation of a certified operation by a 
certifying agent reveals any noncompliance with the Act or regulations in this Chapter, a written 
notification of noncompliance shall be sent by the certifying agent to the certifie d operation. 
Such notification shall provide: 
(1) A description of each noncompliance; 
(2) The facts upon which the notification of noncompliance is based; and 
(3) The date by which the certified operation must rebut or correct each noncompliance 
and su bmit supporting documentation of each such correction when correction is possible. 
(b) Resolution. When a certified operation demonstrates that each noncompliance has 
been resolved within the prescribed time period , the certifying agent shall send the certified 
operation a written notification of noncompliance resolution. 
(c) Proposed suspension or revocation . When rebuttal is unsuccessful or correction of 
the noncompliance is not completed within the prescribed t ime period, the certifying agent shall 
send the certified operation a written notification of proposed suspension or revocation of 
certification of the entire operation or a portion of the operation, as applicable to the 
noncompliance. When correction of a noncompliance is not possible, the notification of 
noncompliance and the proposed suspension or revocation of certification may be combined in 
one notification. The notification of proposed suspension or revocation of certification shall state: 
(1) The reasons for the proposed suspension or revocation; 
(2) The proposed effective date of suspension or revocation; 
(A) The maximum number of days from date of notification of proposed suspension or 
revocation and effective date of suspension or revocation i s 30 calendar days; 
(3) The impact of a suspension or revocation on future eligibility for certification including 
conditions for reinstatement ; and 
(4) The right to request mediation pursuant to section 132 7.2 of this Chapter or to 
request a formal heari ng pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of 
Division 3 of Title 2 of the Government Code. The notice of proposed suspension or revocation 
shall remain in effect pending the outcome of an appeals process. 
(d) Willful violations. Notwithstanding (a) of this section, if a certifying agent has 
evidence that a certified operation has willfully violated the Act or this Chapter, the certifying 
agent shall send the certified operation a notification of proposed suspension or revocation of 
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     certification of the entire operation or a portion of the operation, as applicable to the 
noncompliance. 
(e) Suspension or revocation. 
(1) If the certified operation fails to correct the noncompliance according to the 
prescrib ed time period , to resolve the issue through rebuttal or mediation, or to file an appeal of 
the proposed suspension or revocation of certification before suspension or revocation goes into 
effect according to the notice of proposed suspension or revocation , the certifying agent shall 
send the certified operation a written notification of suspension or revocation. 
(2) A certifying agent must not send a notification of suspension or revocation to a 
certified operation that has requested mediation pursuant to section 132 7.2 of this Chapter or 
filed an appeal pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 
of Title 2 of the Government Code , while final resolution of either is pending. 
(f) Eligibility. 
(1) A certified operation wh ose certification has been suspended under section 1326.20 
of this Article may at any time, unless otherwise stated in the notification of suspension, submit 
a request to the Department for reinstatement of its certification. The request must be 
accompanie d by evidence demonstrating correction of each noncompliance and corrective 
actions taken to comply with and remain in compliance with the Act and this Chapter. 
(2) A certified operation or a person responsibly connected with an operation whose 
certification has been revoked under section 1326.20 of this Article will be ineligible to receive 
certification for a period of two ( 2) years following the date of such revocation . 
(3) A certified operation whose certification is suspended or revoked by a certifying 
agent has the right to appeal this decision pursuant to section 1327.2 of this Chapter or through 
a formal hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 
of Title 2 of the Government Code. The notice of suspension or revocation shall remain in effect 
pending the outcome of an appeals process . 
(g) Notwithstanding (a) through (e) of this section, if the certifying agent is a government 
entity other than the Department, the noncompliance procedures for certified operations 
established under the authority of that government entity may be followed in lieu of section s 
1326.20(a) through (e) of this Article . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.2 1. Noncompliance Procedure for Accredited Certifying Agents. 
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      (a) Notification. When an inspection, review, or investigation of an accredited certifying 
agent by the Department reveals any noncompliance with the Act or this Chapter, a written 
notification of noncompliance shall be sent by the Department to the certifying agent. Such 
notification shall provide: 
(1) A description of each noncompliance; 
(2) The facts upon which the notificat ion of noncompliance is based; and 
(3) The date by which the certifying agent must rebut or correct each noncompliance and 
submit supporting documentation of each correction when correction is possible. 
(b) Resolution. When the certifying agent demonstr ates that each noncompliance has 
been resolved within the prescribed time period , the Department shall send the certifying agent 
a written notification of noncompliance resolution. 
(c) Proposed suspension or revocation. When rebuttal is unsuccessful or c orrection of 
the noncompliance is not completed within the prescribed time period, the Department shall 
send a written notification of proposed suspension or revocation of accreditation to the certifying 
agent. The notification of proposed suspension or r evocation shall state whether the certifying 
agent's accreditation or specified areas of accreditation are to be suspended or revoked. When 
correction of a noncompliance is not possible, the notification of noncompliance and the 
proposed suspension or rev ocation may be combined in one notification. The notification of 
proposed suspension or revocation of accreditation shall state: 
(1) The reasons for the proposed suspension or revocation; 
(2) The proposed effective date of the suspension or revocation; 
(A) The maximum number of days from date of notification of proposed suspension or 
revocation and effective date of suspension or revocation is 30 calendar days; 
(3) The impact of a suspension or revocation on future eligibility for accreditation 
includin g conditions for reinstatement ; and 
(4) The right to file a formal hearing appeal pursuant to Chapter 5 (commencing with 
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The Department’s 
notice of proposed suspension or revocation shall remain in effect pending the outcome of an 
appeals process. 
(d) Willful violations. Notwithstanding paragraph (a) of this section, if the Department 
has reason to believe that a certifying agent has willfully violated the Act or this Chapter , the 
Department shall send a written notification of proposed suspension or revocation of 
accreditat ion to the certifying agent. 
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    (e) Suspension or revocation. When the accredited certifying agent fails to correct the 
issues of noncompliance as described in the proposed suspension or revocation , or fails to file a 
formal hearing appeal of the proposed s uspension or revocation of accreditation within the 
prescribed time, the Department shall send a written notice of suspension or revocation of 
accreditation to the certifying agent. 
(f) Cessation of certification activities. A certifying agent whose accreditation is 
suspended or revoked must: 
(1) Cease all certificatio n activities under this Chapter in each area of accreditation and 
in each State for which its accreditation is suspended or revoked ; and 
(2) Transfer to the Department all records concerning its certification activities that were 
suspended or revoked. 
(g) Eligibility. 
(1) A certifying agent whose accreditation is suspended by the Department under this 
section may at any time, unless otherwise stated in the notification of suspension, submit a 
request to the Department for reinstatement of its accreditati on. The request must be 
accompanied by evidence demonstrating correction of each noncompliance and corrective 
actions taken to comply with and remain in compliance with the Act and this Chapter. 
(2) A certifying agent whose accreditation is revoked by th e Department shall be 
ineligible to be accredited as a certifying agent under the Act and this Chapter for a period of not 
less than 2 years following the date of such revocation. 
(3) A certifying agent whose accreditation is suspended or revoked by the Department 
has the right to appeal this decision pursuant to Chapter 5 (commencing with Section 11500) of 
Part 1 of Division 3 of Title 2 of the Government Code. The Department’s decision to suspend 
or revoke an accreditation shall remain in effect pending the outcome of an appeal process. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Section s 25990 and 
25991, Health and Safety Code. 
Section 1326.2 2. Government Entity Providing Certi fication . 
(a) A government entity acting as a certifying agent and performing certification of 
producer or distribution operations for compliance with the Act and this Chapter may : 
(1) Register annually with the Department ; 
(2) Submit to the Department a copy of any notice of proposed suspension o r revocation 
of certification and notification of suspension and revocation of certification sent pursuant to 
section 1326.20 of this Article; and 
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         (3) Submit to the Depar tment a list, on January 30 of each year, the name, address, and 
telephone number of each operation granted initial certification pursuant to section 1326.6 of 
this Article or an updated certification pursuant to section 1326.8 of this Article, during the 
preceding year. 
(b) For issues of certifier noncompliance, the Department will use substantially 
equivalent procedures to section 1327. 2 of this Chapter to resolve any noncompliance in a 
government entity’s certification activities under this Chapter, and if the government entity fails 
to correct such noncompliance, to notify the government entity that the Department will no 
longer accept its certifications for compliance with the Act and this Chapter. 
7) Adopt Article 6 and sections 132 7.1 and 1327. 2 of Chapter 10 of Division 2 of Title 3 of the 
California Code of Regulations, to read as follows: 
Article 6. Informal Hearing and Mediation . 
Section 1327. 1. Seizure or Holding of Covered Product Informal Hearing Procedure s. 
(a) A respondent may request an informal hearing to contest a notice of adverse 
determination that seizes or places a hold on covered product pursuant to sections 1320.7, 
1321.7, and 1322.7 of this Chapter . 
(b) The request fo r an informal hearing shall be submitted to the Department by 
electronic mail, facsimile, or by telephone within three (3) business days from the date of receipt 
of the notice of adverse determination. 
(c) The notice of adverse determination shall remain in effect pending the outcome of the 
informal hearing. 
(d) Hearings conducted under this section shall be held within three (3) business days 
after the Department receives the request for an informal hearing. 
(e) The informal hearing shall be presided over and conducted by a Hearing Officer 
designated by the Secretary. 
(f) The standard of proof to be applied by the Hearing Officer shall be preponderance of 
the evidence unless statutes or regulations applicable to the determination provide a hig her 
standard. 
(g) A teleconference line shall be made available at every hearing. 
(h) Hearings shall be recorded by the Department. A transcript of the recording or an 
electronic copy of the recording shall be provided to any interested party upon written request. 
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      (i) The decision of the Hearing Officer shall be in writing, issued within three (3) business 
days after the conclusion of the hearing, and shall be effective immediately upon issuance. 
(j) The decision shall be served on the respondent by U.S. M ail or, if available, by 
electronic mail. 
(k) The respondent may appeal the Hearing Officer's decision and order by filing a 
petition for a writ of administrative mandamus in accordance with section 1094.5 of the Code of 
Civil Procedure. 
Note: Authority cited: Section 25993, Health and Safety Code and section 11400.20, 
Government Code. Reference: Sections 11445.30 , 11445.40, 11445.50, and 11445.60, 
Government Code and sections 25990, 25991, and 25992, Health and Safety Code. 
Section 1327. 2. Mediation. 
(a) Mediation may be requested for any denial of certification under section 1326.7 or 
any proposed suspension or revocation or noticed suspension or revocation of certification 
under section 1326.20. 
(b) Any request for m ediation shall be requested in writing to the applicable certifying 
agent within 30 calendar days of the receiving a denial of certification , proposed suspension or 
revocation , or noticed suspension or revocation of certification . 
(c) The certifying agent may accept or rej ect the request for mediation . 
(1) If the certifying agent rejects the request for mediation, the certifying agent shall 
provide written notification to the applicant for certification or certified operation of the rejection . 
The written notification shall advise the applicant for certification or certified operation of the 
right to request an appeal, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of 
Division 3 of Title 2 of the Government Code , within 30 days of the date of the written 
notification of rejection of the request for mediation. 
(2) If the certifying agent accepts the request for mediation , certifying agent sh all provide 
written notification to the applicant or certified operation of the acceptance. 
(d) The mediatio n shall be conducted by a qualified mediator mutually agreed upon by 
the parties to the mediation. 
(e) The parties to the mediation shall have no more than 30 days to reach an agreement 
following a mediation session. If mediation is unsuccessful, the applicant for c ertification or 
certified operation shall have 30 days from termin ation of mediation to appeal the certifying 
agent's decision pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 
of Title 2 of the Government Code. 
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 (f) Any agreeme nt reached during or as a result o f the mediation process shall be in 
compliance with the Act and this Chapter. 
(g) If the certifying agent is a n out-of-state government entity, the mediation procedures 
established under the authority of that government entity may be followed in lieu of this section. 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code. 
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