Current through Register Vol. 47, No. 23, December 10, 2024
8.1. The commissioner may accredit a
qualified domestic or foreign applicant to certify a domestic or foreign farm
owner or operator as a certified operation that conducts its business in
compliance with the Act.
8.2.
Accreditation of certifying agents shall be valid for a period of five years
from the date of the commissioner's approval of accreditation.
8.3. In order to receive and maintain
accreditation, a private entity accredited as a certifying agent under these
rules must:
8.3.1. Fully carry out the
applicable provisions of the Act and the rules;
8.3.2. Have sufficient expertise in shell egg
or egg product production techniques to carry out the provisions of the Act and
the rules;
8.3.3. Maintain all
records pursuant to part 8.9, and make all such records available for
inspection and copying during normal business hours by authorized
representatives of the commissioner;
8.3.4. Promptly report to the commissioner
complaints of noncompliance with the Act or the rules concerning operations
certified as compliant with the Act and the rules by the certifying agent;
and
8.3.5. Not disclose any
information collected pursuant to the Rules obtained while certifying
production operations for compliance with the rules to any third-party without
approval by the commissioner.
8.4. A private entity seeking accreditation
as a certifying agent under this part must submit an application for
accreditation provided by the Department and include all the following
supporting documentation:
8.4.1. The business
name, primary office location, mailing address, name of the person(s)
responsible for the certifying agent's day-to-day operations, contact numbers
(telephone, facsimile, email and Internet address) of the applicant, and the
entity's federal taxpayer identification number;
8.4.2. The name, office location, mailing
address, and contact numbers (telephone, facsimile, email and Internet address)
for each of its organizational units, such as chapters or subsidiary offices,
and the name of a contact person for each unit;
8.4.3. The applicant's entity type (e.g.,
for-profit business, not-for-profit membership association) and documentation
showing the entity's status and organizational purpose, such as articles of
incorporation and bylaws or ownership or membership provisions, and its date of
establishment;
8.4.4. A list of
each State or foreign country in which the applicant has previously conducted
certification services and a list of each State or foreign country in which the
applicant intends to certify production or distribution operations pursuant to
the Act and the rules; and
8.4.5. A
name of each person or entity reasonably connected to the applicant that has or
has held a commercial interest in the shell egg or egg product industry within
the 12-month period prior to the application for accreditation.
8.5. A private entity seeking
accreditation as a certifying agent must submit to the commissioner the
following documents and information:
8.5.1.
The name and position description of personnel in the certifying agent's
operation performing inspections, members of any certification review and
evaluation committees, and inspection contractors;
8.5.2. A description of procedures,
practices, and training to ensure that its responsibly connected persons,
employees, and contractors with inspection, analysis, auditing and
decision-making responsibilities have sufficient expertise to successfully
perform the duties assigned and to comply with and implement the requirements
of the Act and the rules;
8.5.3. A
copy of the procedures to be used to evaluate certification applicants, make
certification decisions, and issue certification certificates;
8.5.4. A copy of the procedures to be used
for reviewing and investigating certified operations compliance with the Act
and the rules and the reporting of violations of the Act and the rules to the
Department;
8.5.5. A copy of the
procedures to be used for complying with the recordkeeping requirements set
forth in part 8.9 below; and
8.5.6.
Any other information the applicant believes may assist in the commissioner's
evaluation of the applicant's expertise and ability.
8.6. Accreditation will be granted when the
commissioner determines that the applicant for accreditation meets the
requirements for accreditation as stated in part 8.3, as determined by a review
of the application and supporting documentation. Upon accreditation, the
commissioner shall issue to the certifying agent a notice of
accreditation.
8.7. The
accreditation of a certifying agent shall continue in effect until such time as
the certifying agent fails to renew accreditation, the certifying agent
voluntarily ceases its certification activities, or accreditation is suspended
or revoked.
8.8. In order to
receive and maintain accreditation, an accredited certifying agent must allow
on-site evaluations for the purpose of examining the certifying agent's
operations and evaluating its compliance with the Act and the rules. On-site
evaluations shall include a review of the certifying agent's certification
procedures, records, administrative and management systems for production
operations certified by the certifying agent. On-site evaluations shall be
conducted by a representative(s) of the commissioner.
8.9. Accredited certifying agents must
maintain the following records for not less than three years beyond their
creation or receipt:
8.9.1. Records obtained
from applicants for certification and certified operations;
8.9.2. Records created by the certifying
agent regarding applicants for certification and certified operations;
and
8.9.3. Records created or
received by the certifying agent pursuant to the accreditation requirements of
the rules.
8.10. Renewal
of accreditation.
8.10.1. To renew
accreditation certification, an accredited certifying agent must submit an
application for accreditation renewal to the commissioner to be received at
least six months prior to the expiration date of the notification of
accreditation and each subsequent renewal of accreditation.
8.10.2. Following receipt of the information
submitted by the certifying agent in accordance with part 8.10.1, and the
results of an on-site evaluation, if applicable, the commissioner will
determine whether the certifying agent remains in compliance with the Act and
the rules and should have its accreditation renewed.
8.10.3. Upon a determination that the
certifying agent is in compliance with the Act and the rules, the commissioner
will issue a notice of renewal of accreditation.
8.10.4. Any change in ownership, change of
business name, change in business location, closure of business, or change of
name, address, phone number or email of a person authorized to act on behalf of
the accredited certifier must be reported to the commissioner within 30 days of
such change.
8.10.5. Certifying
agents with an expired accreditation shall not perform certification activities
under the Act and the rules.
