Thomas, I think the advice you were given by CDPH is correct. Specifically: Organic Chocolate is regulated food product in California, rules enforced by CDPH, think you will find if your gross sales are over $5000 and you have organic in your label (even made with organic...) you are required to register see:
ORGANIC OVERSIGHT - LAWS AND REGULATIONS:
Laws relating to the handling of organic foods are codified in the federal Organic Foods Production Act of 1990, the California Organic Products Act of 2003 (COPA), and the National Organic Program (NOP) Regulations (which California adopts).
The California Department of Public Health (CDPH) and the California Department of Food and Agriculture (CDFA) work cooperatively with the US Department of Agriculture (USDA) to enforce the organic regulations within California. CDPH oversees processors and handlers of organic food, pet food, and cosmetics, and CDFA oversees organic agricultural production, milk and dairy food processing, meat and poultry processing, and retail organic production activities.
If an operation’s annual gross sales of organic food is greater than $5,000 they are required to obtain certification from an accredited third party certifier, who will verify the sourcing of the agricultural inputs, verify the organic content of processed products, and ensure that operations are conforming with NOP regulations
Organic is a term that indicates that the food or agricultural product has been produced using sustainable practices and without synthetic fertilizers, sewage sludge, irradiation, or genetic engineering. Products may be labeled “100% organic”, “organic” or “made with organic.”
Food products labeled as “100% organic” must consist entirely of organic ingredients; food products labeled “organic” must consist of 95% certified organic ingredients; and food products labeled “made with organic” must contain at least 70% certified organic ingredients (minus water and salt). Food products containing 95% or more organic content may use the USDA Organic Logo on their product labels or advertising. Unless exempted or excluded under the National Organic Program (NOP) rules, all organic food products must be certified by an accredited certifying agency (ACA), and the ACA must be identified on the product label.
updated by @powell-and-jones: 04/20/16 02:49:20AM