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HomeHealth and Safety CodeDiv. 104Pt. 5Ch. 5Art. 7§ 110890 Organic Product Sales Violations

§ 110890 Organic Product Sales Violations

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 110890 Organic Product Sales Violations

Key Takeaways

  • •You can't sell, advertise, or label a product as something it's not (like calling it 'organic' if it's not).
  • •If a store or seller honestly believed a product was organic because the maker or supplier said so, they might not get in trouble.
  • •But the store can still get in trouble if they knew (or should have known) the product wasn't organic, if they helped make it, or if they told the maker how to make it.

Example

A grocery store sells apples labeled 'organic' because the farmer told them they were organic.

If the apples really aren't organic but the store didn't know and just trusted the farmer, they might not get in trouble. But if the store knew the apples weren't organic and sold them anyway, they could be breaking the law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 110890 Organic Product Sales Violations

(a)  It is unlawful for any person to sell, offer for sale, advertise, or label any product in violation of this article. (b)  Notwithstanding subdivision (a), a person engaged in business as a distributor or retailer of products who in good faith sells, offers for sale, labels, or advertises any product in reliance on the representations of a producer, handler, or other distributor that the product may be sold as organic, shall not be found to violate this article unless the distributor either: (1) knew or should have known that the product could not be sold as organic; (2) was engaged in producing or processing the product; or (3) prescribed or specified the manner in which the product was produced or processed. (Amended by Stats. 2002, Ch. 533, Sec. 61. Effective January 1, 2003.)

Last verified: January 23, 2026

Key Terms

unlawfulselloffer for saleadvertiselabelorganicdistributorretailergood faithproducerhandler

Related Statutes

  • § 108560 Toy Labeling Requirements
  • § 110838 Organic Cosmetic Product Requirements
  • § 108585 Prohibited Torture Toy Sales
  • § 110620 Prohibited Adulterated Food Sales
  • § 110675 Food Labeling Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 110890.
View Official Source