Section 1391.3 - Complaint Investigations(a) Any person may file a complaint with the Department concerning suspected noncompliance with the California Organic Food and Farming Act, National Organic Program regulations, or the federal Organic Foods Production Act of 1990.(b) The Department shall commence a complaint investigation within three working days after receiving a complaint regarding fresh food, and within seven working days for other products. Upon conclusion of a complaint investigation, the Department shall provide a report of findings and enforcement action taken, if any, to the complainant within 60 days, if the complainant makes his or her identity available.(c) The Department may refer cases to the National Organic Program under these or other conditions: (1) Inability to resolve a case.(2) Lack of expertise to resolve a case.(3) Lack of resources or authority to pursue a civil action.(4) If the case concerns issues outside the Department's jurisdiction.(5) Inputs not currently addressed by California state law.(6) Issues involving National Organic Program policy issues.(d) The county agricultural commissioner or the operation's accredited certifying agent shall provide a final report of inspection to the Department upon completion of an assigned investigation. If an accredited certifying agent fails to initiate appropriate action, the complaint and the agent's actions or inactions shall be referred to the National Organic Program.Cal. Code Regs. Tit. 3, § 1391.3
1. New section filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41).
2. Amendment of subsection (a) filed 12-12-2017; operative 4-1-2018 (Register 2017, No. 50). Note: Authority cited: Sections 407, 46000, 46001, 46002 and 46016.1, Food and Agricultural Code. Reference: Section 401, Food and Agricultural Code.
1. New section filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41).
2. Amendment of subsection (a) filed 12-12-2017; operative 4/1/2018 (Register 2017, No. 50).