REGISTRATION REQUIREMENTS, PRODUCERS, LIVESTOCK PRODUCERS,
HANDLERS, PROCESSORS, CERTIFICATION ORGANIZATIONS, (of raw or processed
agriculture commodities, meat, fowl, dairy products, fish, seafood or other
products).
(1) No person in this state
without having first registered with the Commissioner of Agriculture, shall
engage in the production, handling, processing, or certification of raw or
processed agriculture commodities including meat, fowl, dairy products, fish,
seafood, or any other products to be sold as organic, excluding retailers of
food sold as organic, provided however, that retail food sales establishments
licensed under Article 2 of this chapter that do not process or repackage
certified organic commodities shall be exempt. The registration shall
thereafter be renewed annually unless no longer engaged in the activities
requiring the registration. Each registrant shall provide a complete copy of
its registration to the Commissioner of Agriculture. Registration shall begin
on and after January 1, 2003. Registrations shall expire on the last day of
December of the year for which they are issued.
(2) Registration pursuant to this section
shall be on a form provided by the Department and shall be valid for the
calendar year from the date of validation by the Commissioner of Agriculture. A
registration number will be assigned to a valid registrant.
(3) The information provided on the
registration form shall include all of the following:
(A) The name and address of the
registrant.
(B) The nature of the
registrants business, including the categorical products produced, handled, or
processed that are sold as organic, or certified as organic.
1.
(a) For
processors, handlers, and distributors, quantities processed, handled, or
distributed, and annual gross sales or revenue from processing/handling or
distributing of organic foods or products.
(b) For processors and handlers a completed
copy of an organic production or handling system plan that is agreed to by the
producer or handler and an accredited certifying agent.
(c) A copy of the processor or handlers
current organic certificate.
2.
(a) For
producers and livestock producers quantities produced and annual gross sales or
revenue from production of organic foods or products.
(b) For producers and livestock producers a
completed copy of the organic production or handling system plan that is agreed
to by the producer or handler and an accredited certifying agent.
(c) A copy of the producer or livestock
producer's current organic certificate.
(C) For exempt producers,
1. A map showing the precise location and
dimensions of the facility or farm where the products are produced. The map
shall also describe the boundaries of the production area and all adjacent land
uses, shall assign field numbers to distinct fields or management units, and
shall describe the size of each field or management unit.
2. If the registrant has not had control of
the property being registered for at least 36 months, then documentation from
previous owners/ managers that show the 36 month land use history. If the
registrant is not the owner, then documentation from the owner granting
permission for the parcel to be registered as organic by the
registrant.
(D) In the
case of exempt producers, for each field or management unit list of all
substances applied to the crop, soil, growing medium, growing area, irrigation
or post harvest wash or rinse water, or seed, including the source of the
substance, the brand name, if any, the rate of application, and the total
amount applied in each calendar year.
(E) The names of all certification
organizations or governmental entities, if any, providing certification
pursuant to the regulations promulgated by the National Organic Program
(Section 6517 of the federal Organic Foods Production Act of 1990
(7 U.S.C. Sec.
6501
et seq.).
(F) All certification organizations shall
provide a copy of their USDA accreditation, or a letter to the Commissioner of
Agriculture from the USDA stating the certifier is not required to be
accredited.
(G) All certification
organizations shall provide a list of all Georgia clients that the agency has
granted certification.
(H) The
Commissioner of Agriculture shall reject a registration submission that is
incomplete or not in compliance with the Georgia Organic Certification and
Labeling Act, or not in compliance with regulations promulgated by the National
Organic Program (Section 6517 of the federal Organic Foods Production Act of
1990 (7 U.S.C. Sec.
6501
et seq.).
(I) A registrant shall immediately notify the
Commissioner of Agriculture of any change in the registration form.
(J) A registration is considered legal and
valid until revoked, suspended or until the expiration of the
registration.
(K) The Commissioner
of Agriculture can initiate the revocation process of a registration for
failure to comply with the Georgia Organic Certification and Labeling Act or
any part of the regulations adopted pursuant to the Organic Foods Production
Act of 1990 (7 U.S.C. Sec.
6501
et seq.). Any person
against whom the action is being taking shall have the opportunity to appeal
the action and be afforded the opportunity to be heard in an administrative
appeal.
Authority O.C.G.A. Sec.
2-14-130et
seq.
