Current through September 18, 2024
Authority: IC
15-15-8-17
Affected: IC 15-15-8
Sec. 3.
(a) For a
handling operation to be certified under this title, such handling operation
shall not, with respect to any agricultural product covered by this title, do
the following:
(1) Add any synthetic
ingredient during the processing or any postharvest handling of the
product.
(2) Add any ingredient
known to contain levels of nitrates, heavy metals, or toxic residues in excess
of those permitted by the applicable organic certification program.
(3) Add any sulfites, nitrates, or
nitrites.
(4) Add any ingredients
that are not organically produced in accordance with this title and the
applicable organic certification program, unless such ingredients are included
on the National List, and represent not more than five percent (5%) of the
weight of the total finished product (excluding salt and water).
(5) Use any packaging materials, storage
containers, or bins that contain synthetic fungicides, preservatives, or
fumigants.
(6) Use any bag or
container that had previously been in contact with any substance in such a
manner as to compromise the organic quality of such product.
(7) Use in such product water that does not
meet all Safe Drinking Water Act,
42
U.S.C. Sections 300f through
300g-6,
requirements.
(8) Use genetically
engineered organisms.
(b) For a handling operation to be
organically certified under this title, such handling operation shall ensure
that organically produced product does not come in contact with nonorganically
produced product.
(c) As used in
this rule, "handling" includes processing and packaging.
(d) Any facility where cooking, baking,
heating, drying, mixing, grinding, churning, separating, extracting, cutting,
fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise
manufacturing, including the packaging, canning, jarring, or otherwise enclose
[sic., enclosing] a food article in a container, is eligible
for certification, provided such facility meets all other applicable Indiana
and federal food sanitation and health standards.
(e) Any facility that receives or otherwise
acquires organically produced food articles and processes, packages, stores, or
transports such products, provided such facility meets all other applicable
Indiana and federal food sanitation and health standards, is eligible for
certification.
(f) Shipping
containers in which organically produced raw food articles arrive must not have
been fumigated or used to transport any substances which could compromise
organic quality or otherwise be inconsistent with the purposes of state and
federal law and this title.
(g) All
handling operations seeking to be certified must submit a written organic
handling plan to the certifying agent with the application. The organic
handling plan must include a description of all of the materials, processes,
facilities, and byproducts of the handling operation, as well as provisions
ensuring that food articles sold or labeled as organically produced are
produced and handled in a manner consistent with this title and the Organic
Foods Production Act of 1990,
7
U.S.C. 94, Section
6501, et seq.
(h) If an operation wishes to seek
certification for both producing and handling, both an organic farm plan and an
organic handling plan must be submitted.
(i) The handler must assure the certifier,
through the organic handling plan and accurate records that organically
produced products have not been exposed to any prohibited substances, even
though the prohibited substances may be used on conventional products going
through the facility.
(j) A
handling operation must demonstrate, through appropriate documentation,
complete compliance with the following methods, materials, and requirements:
(1) All organically produced food articles on
the premises of a certified handling operation must bear an identification tag
placed by the handler upon arrival unless a field tagging system operated in
conjunction with the organic producer is used marking the food article as
organically produced in the field or prior to delivery.
(2) Tagging requirements apply equally to
cold storage and packing facilities.
(3) Proper identification of all production
and handling operations involved (using the assigned producer and/or handling
ID number given by the certifying agency), including applicable certification
information, should be affixed to all products.
(4) The water source at the handling
operation must be tested. If a different source is used on the food articles
than is used for drinking, then the source used on the food articles must be
tested. The analysis must be within all applicable local, state, and federal
water quality limits.
(5) All
machinery must be maintained in accordance with the purposes of this title and
the Organic Foods Production Act of 1990,
7
U.S.C. 94, Section
6501, et seq., including
regular maintenance, regular cleaning, and regular calibration. All aspects of
machine maintenance should be scrutinized by the handler to ensure compliance
with the purposes of this title and the Organic Foods Production Act of 1990,
7
U.S.C. 94, Section
6501, et seq.
(6) Storage bins may not contain any
synthetic fungicides, preservatives, or fumigants.
(7) Techniques used for rodent and/or insect
control in organic storage areas must be consistent with sound organic
practices. Synthetic materials used must be listed on the National
List.
(8) A biodegradable soap
followed by a clean water rinse may be used to remove field dusts and
residues.
(9) SOPP and similar
cleaners are prohibited. Sodium silicate or silicate of soda should be used to
increase the density of water when necessary for floating fruit.
(10) All machinery and other equipment used
in the handling process must be disinfected. A nonstabilizing chlorine solution
should be used, and the machine must be thoroughly rinsed with clean water
prior to operation.
(11) All cold
storage rooms may be washed and sanitized with a chlorine solution using
nonstabilizing chlorine. Rooms should be aired out prior to filling with
organic products.
(12) All drier
rooms may be cleaned in a manner similar to cold storage areas. Drier racks may
be cleaned in a similar manner, but should be thoroughly rinsed.
(13) In areas where entire manufacturing
plants are periodically fumigated, the processor must demonstrate that no
fumigants will form toxic residues on organic products.
(14) All packaging must be clearly labeled,
indicating the place or places of origin of the product and whether the
packaged product is certified organically produced.
