Current through September 18, 2024
Authority: IC
15-15-8-17
Affected: IC 15-15-8
Sec. 4.
(a) The
certifying agent shall do the following:
(1)
Implement the Indiana organic standards.
(2) Verify adherence by certified organic
producers and handlers to the Indiana organic certification standards through
peer and/or expert evaluation and third party inspectors.
(3) Accept or reject the certification
inspector's recommendation to certify or refuse to certify applicant producers
or handlers.
(4) Administer the
organic certification program, including the following:
(A) The employment or retention of
inspectors.
(B) Scheduling
visits.
(C) All necessary
documentation and record keeping.
(D) Ensuring that all documents are forwarded
to appropriate offices.
The certifying agent shall maintain all records concerning
its activities under this title for not less than ten (10) years.
(5) Prepare and submit
an application to the commissioner for accreditation.
(6) Execute an accreditation agreement with
the commissioner and grant rights to use the Indiana certified organic mark to
certified producers and handlers in accordance with organic labeling procedures
as described in this title.
(7)
Ensure that the use of the Indiana certified organic mark complies with this
title.
(8) Provide to the
commissioner, on an annual basis, a complete list of all certified
operations.
(9) Provide to the
commissioner a list of newly certified operations within fourteen (14) days of
certification.
(10) Employ or
retain a sufficient number of qualified inspectors to carry out certification
in a timely manner.
(11) Provide to
the commissioner a list of all operations whose certification has been denied,
revoked, or is in an appeals process within fourteen (14) days of the denial,
revocation, or request for appeal.
(b) To maintain accreditation under this
title, a certifying agent must do the following:
(1) Require that an agricultural product to
be sold or labeled as organically produced must be produced only on certified
organic farms and handled only through certified organic handling operations in
accordance with this title.
(2)
Require that producers and handlers desiring to participate under such programs
establish an organic plan under this title.
(3) Follow procedures that allow producers
and handlers to appeal an adverse administrative determination under this
title.
(4) Require each certified
organic farm or certified organic handling operation to certify to the
certifying agent on an annual basis that such farm or handler has not produced
or handled any agricultural product sold or labeled as organically produced
except in accordance with this title.
(5) Provide for annual on-site inspection by
the certifying agent of each farm and handling operation that has been
certified by such agent under this title.
(6) Require periodic random residue testing
by certifying agents of agricultural products that have been produced on
certified organic farms and handled through certified organic handling
operations to determine whether such products contain any pesticide or other
nonorganic residue or natural toxicants.
(7) To the extent that certifying agents are
aware of a violation of applicable laws relating to food safety, report such
violation to the appropriate health agencies.
(8) Follow appropriate and adequate
enforcement procedures as determined by the panel to be necessary and
consistent with this title.
(9)
Protect against conflict-of-interest as specified under the Organic Foods
Production Act of 1990,
7
U.S.C. 94, Section
6501, et seq.
(10) Provide for public access to
certification documents and laboratory analyses that pertain to
certification.
(11) Provide for the
collection of reasonable fees from producers and handlers who participate in
such program.
(12) Require such
other terms and conditions as may be determined by the panel to be
necessary.
(c) A
certifying agent may provide for the certification of an entire farm or
handling operation or specific fields of a farm or parts of a handling
operation if:
(1) in the case of a farm or
field, the area to be certified has distinct, defined boundaries and buffer
zones separating that land being operated through the use of organic methods
from land that is not being operated through the use of such methods;
(2) the operators of such farm or handling
operation maintain records of all organic operations separate from records
relating to other operations and make such records available at all times for
inspection by the Secretary, the certifying agent, and the
commissioner;
(3) appropriate
physical facilities, machinery, and management practices are established to
prevent the possibility of a mixing of organic and nonorganic products or a
penetration of prohibited chemicals or other substances on the certified area;
and
(4) provide for reasonable
exemptions from specific requirements of this title with respect to
agricultural products produced on certified organic farms if such farms are
subject to a federal or state emergency pest or disease treatment
program.
(d) Whenever
there is a reason to suspect contamination, the certifying agent shall utilize
a system of residue testing to test products sold or labeled as organically
produced under this title to assist in the enforcement of this title.
(e) The certifying agent may require
preharvest tissue testing of any crop grown on soil suspected of harboring
contaminants.
(f) If the Secretary,
the commissioner, or the certifying agent determines that an agricultural
product sold or labeled as organically produced under this title contains any
detectable pesticide or nonorganic residue or prohibited natural substance, the
Secretary, the commissioner, or the certifying agent shall conduct an
investigation to determine if the organic certification program has been
violated and may require the producer or handler of such product to prove that
any prohibited substance was not applied to such product.
(g) If, as determined by the Secretary, the
commissioner, or the certifying agent, the investigation indicates that the
residue is the result of intentional application of a prohibited substance and
present at levels that are greater than unavoidable residual environmental
contamination as prescribed by the Secretary or the commissioner in
consultation with the appropriate environmental regulatory agencies, such
agricultural product shall not be sold or labeled as organically produced under
this title.
(h) Producers who
operate a certified organic farm or handling operation under this title shall
maintain records for five (5) years concerning the production or handling of
agricultural products sold or labeled as organically produced under this title,
including the following:
(1) A detailed
history of substances applied to fields or agricultural products.
(2) The names and addresses of persons who
applied such substances, the dates, the rate, and method of application of such
substances.
(i) If a
production or handling practice is not prohibited or otherwise restricted under
this title, such practice shall be permitted unless it is determined that such
practice would be inconsistent with the applicable organic certification
program.
(j) Subsection (b) shall
not apply to agricultural products that contain less than fifty percent (50%)
organically produced ingredients by weight, excluding water and salt, to the
extent that the United States Department of Agriculture has determined to
permit the word "organic" to appear on the ingredient listing panel to describe
those ingredients that are organically produced in accordance with this
title.
