CA Made is a state labeling program designed to encourage consumer product awareness and to promote the purchase of products manufactured in California. The statute underlying the program is available here
. GO-Biz is required to develop regulations to provide a framework for operating the program.
On June 2, 2015, the Governor’s Office of Business and Economic Development (“GO-Biz”) submitted new regulations (Title 10 CCR Sections 8100, 8110, 8120, 8130, and 8140) to the Office of Administrative Law (“OAL”) to create a framework for operating the Made in California state labeling program (“CA Made” or “Program”). That action received OAL notice file number Z-2015-0602-07. The public comment period for the regulations closed on July 27, 2015. Since the initial public comment period, GO-Biz has determined that it is necessary to adopt a new Section 8150 to require an annual fee for licensees in the Program and to make corresponding changes to Sections 8100 and 8130. Because new Section 8150 and the related changes to Sections 8100 and 8130 introduce new subject matter into the regulations, it is considered a new rulemaking and subject to Administrative Procedure Act requirements for new rulemaking actions.
New rulemaking action notices must be published in the California Regulatory Notice Register (“CRNR”) and provide a 45-day public comment period. Therefore, GO-Biz is publishing a revised Notice of Proposed Action (“NOPA”) in the CRNR and posting all revised regulatory documents to the GO-Biz website and emailing those documents to the CA Made stakeholder list. The modified text of Sections 8100 and 8130 and the newly adopted text, Section 8150, will be subject to review and comment during a 45-day period beginning with publication of the NOPA in the CRNR on Friday, March 4th. The original, unmodified text, i.e., all sections and subdivisions other than Sections 8100 (k), 8130 (d)(2), and all of Section 8150, are not subject to any further public comment and will be adopted as shown, because this text has already been noticed to the public and emailed to CA Made stakeholders, published in the CRNR, and made available for comments for 45 days pursuant to OAL notice file number Z-2015-0602-07 (see CRNR dated 6/12/15).
The modified regulatory documents are provided below:
CA Made Economic Impact Statement (Std. 399)
CA Made Form 400 Signed
CA Made Modified ISOR 2.23.16 REVISED
CA Made Modified Regulations 2.23.16 REVISED
CA Made Notice of Proposed Rulemaking REVISED
Back-Up Documents Relied Upon
In order for a business to use the CA Made label on its products, the statute requires products to be “Made in U.S.A.” as defined in Section 17533.7 of the Business and Professions Code. In addition, 51 percent or more of the value added must be produced in California. To verify compliance with these requirements, businesses must obtain third-party certification prior to applying to GO-Biz to use the CA Made label.
Program enrollment is scheduled to begin in spring/summer 2016.
For more information on the CA Made Program, please view our 2014-15 report to the Governor and Legislature.