Cal. Code Regs. tit. 3 § 10402

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 10402 - Application for Accreditation

An application for certifying agent accreditation shall be submitted by mail to the physical or email address listed on the OCal Program website, or such other address as required by the department. Each application shall include the following, if applicable:

(a) Business information:

(1) Legal name;

(2) Employer Identification or Taxpayer Identification Number;

(3) Primary office physical address, mailing address, web address, and name of the person(s) responsible for the applicant's day-to-day operations and their contact number(s) and email address;

(4) Subsidiary office(s) physical address(es), mailing address(es), phone number(s), and a contact name(s) and number(s) for each subsidiary office;

(5) Business entity structure, including, but not limited to, a corporation, general partnership, joint venture, limited liability company, limited liability partnership, sovereign entity, sole proprietorship, not for profit corporation, and/or trust;

(6) For a local jurisdiction, a copy of the official's authority to conduct certification activities under this chapter;

(7) For a private entity, copies of all formation documents, which may include, but are not limited to, articles of incorporation, operating agreements, partnership agreements, and/or fictitious business name statements. The applicant shall also provide all documents filed with the California Secretary of State, which may include, but are not limited to, articles of incorporation, certificates of stock, articles of organization, certificates of limited partnership, and/or statements of partnership authority. If the applicant is a foreign corporation, the applicant shall provide a certificate of qualification issued by the California Secretary of State; and

(8) Each area of operation for which accreditation is requested and the estimated number of each type of operation anticipated to be certified annually by the applicant along with a copy of the applicant's schedule of fees for all services to be provided under these regulations by the applicant.

(b) Personnel information:

(1) Copy of the applicant's policies and procedures for training, evaluating, and supervising personnel;

(2) Name and position description of all personnel to be employed within the cannabis certification operation, including administrative staff, certification inspectors, members of any certification review and evaluation committees, contractors, and all parties responsibly connected to the applicant;

(3) Description of qualifications, including experience, training, and education in agriculture, organic production, and organic handling for each inspector to be used by the applicant and each person to be designated by the applicant to review or evaluate applications for certification; and

(4) Description of training the applicant has provided or intends to provide to personnel to ensure that they comply with and implement the requirements of this chapter.

(c) Administrative policies and procedures:

(1) Copy of the procedures to be used to evaluate certification applicants, make certification decisions, and issue certificates.

(2) Copy of the procedures to be used to review and investigate certified operation compliance with this chapter and to report any violations of this chapter to the department.

(3) Copy of the procedures to be used for complying with the recordkeeping requirements set forth in section 10401(a)(9) of this chapter.

(4) Copy of the procedures to be used for maintaining the confidentiality of any business-related information as set forth in section 10401(a)(11) of this chapter.

(5) Copy of the procedures to be used, including any fees to be assessed, for making the following information available to any member of the public upon request:

(A) Copies of certification certificates issued during the current and three preceding calendar years;

(B) A list of operations certified during the current and three preceding calendar years as well as certification status (certified, surrendered, suspended, revoked), city or cities in which the operation is located, products certified by the operation, and commercial cannabis license number(s).

(C) The results of laboratory analyses for residues of pesticides and other prohibited substances conducted to assist with verifying certified operation compliance during the current year and three preceding calendar years; and

(D) Other business information as permitted in writing by the certified operation.

(6) Copy of the procedures to be used for sampling and residue testing pursuant to section 10711 of this chapter.

(d) Conflicts of interest:

(1) Copy of the procedures intended to be implemented to prevent the occurrence of conflicts of interest, as described in section 10401(a)(12) of this chapter; and

(2) A conflict-of-interest disclosure report for all persons who review applications for certification, perform on-site inspections, review certification documents, evaluate qualifications for certification, make certification recommendations, make certification decisions, and all parties responsibly connected to the applicant. The conflict-of-interest disclosure report shall identify, for each of these persons, any cannabis-related business interests, including business interests of immediate family members, that may cause a conflict of interest.

(e) Current private entity or local jurisdiction certification activities:

(1) Number of operations certified (cannabis or other crop) during the current and previous three years;

(2) For each accreditation type requested, an OCal system plan (or equivalent), inspection report, and any other relevant documentation for three or more operations (cannabis or other crop) certified by the certifying agent during the current or previous year; and

(3) If the applicant underwent an accreditation process during the current or previous year, the name of the accrediting body and a copy of the written evaluation.

(f) Attestation to the following statement: "Under penalty of perjury, I hereby declare that the information contained within and submitted with the application is complete, true, and accurate. I understand that a misrepresentation of fact is cause for denial of the application, or revocation or suspension of the accreditation issued."

(g) Any other information the department requires to assist in the evaluation of the application for accreditation, which may include, but be not limited to, additional inspection reports, an external program review, and evidence that an applicant without certification experience can comply with the regulations.

Cal. Code Regs. Tit. 3, § 10402

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

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

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