Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any producer seeking
certification of their operations as certified organic or "Transitional
Sustainable," shall comply with the following requirements:
1. Producers seeking certification by the NJDA
must file an application package for certification of their operations as certified
organic or "Transitional Sustainable," along with the necessary fees set forth in
2:78-2.2.
i. All applications must be made in writing, upon
forms provided by the NJDA for this purpose. Producers can be certified for crops,
livestock and/or wildcrafting. When requesting an application package from the NJDA,
the producer must specify the category of organic certification sought (crops,
wildcrops, livestock, processor).
ii.
The application must identify the name, address, commodities for which the user is
seeking certification, and other such information as is deemed necessary for the
NJDA to determine whether the producer has complied with the NOP and this
chapter.
iii. The NJDA will assign a
filing deadline for the submission of the required annual update for all following
years, which shall be the first day of the ninth month after certification was
granted.
iv. Initial certification fees
shall be based on the projected 12 months gross income from certified organic
production areas, livestock or facilities and gross revenues received from services
rendered in connection with certified organic products. Additional fees may apply as
set forth in 2:78-2.2(e).
2. Producers receiving certification
must file an annual update no later than the date assigned pursuant to (a)1iii
above.
i. The annual update must be made in
writing, upon a form provided by the NJDA for this purpose.
ii. The application must identify the name,
address, organic certification number of the user, commodities for which the user is
seeking an annual certification update and other such information as is deemed
necessary for the NJDA to determine whether the producer has complied with the NOP
and this chapter.
iii. Certification
fees for annual updates shall be based on the previous 12 months gross income from
certified organic production areas, livestock or facilities, and gross revenues
received from services rendered in connection with certified organic products.
Additional fees may apply as set forth in
2:78-2.2(e).
iv. Annual update applications postmarked after
the due date set forth in (a)1 above may be assessed a late fee of $
75.00.
3. All producers must
submit with the application or annual certification update, the following
certification, signed by a person authorized to act on behalf of the applicant that
shall appear on the application or annual update:
"I certify under penalty of law that the information provided in
this document is true, accurate and complete. I am aware that there are significant
civil penalties for submitting false, inaccurate or incomplete information and
significant criminal penalties, including fines and/or imprisonment for submitting
false, inaccurate or incomplete information or information which I do not believe to
be true."
4. All producers
seeking initial certification and annual certification updates shall be subject to
an inspection of their premises.
5. All
producers must comply with the certification requirements set forth in Subpart E of
the NOP (
7 CFR
205.400 through
205.406
), as amended and supplemented.
6.
Applications for certification or annual updates may be rejected if:
i. The filed application package is substantially
incomplete;
ii. The application
demonstrates noncompliance with organic standards established by the NOP or this
chapter;
iii. The producer seeks
certification in a category of organic certification which NJDA is not accredited to
certify;
iv. The application package was
not accompanied by the appropriate certification fee as set forth in N.J.A.C.
2:78-2.2; or
v. The producer has
otherwise failed to comply with the requirements of the NOP or this
chapter.
(b) Any
handler seeking certification from the NJDA, must comply with the following
requirements:
1. Handlers seeking certification by
the NJDA must file an application package for certification of their operations as
certified organic or "Transitional Sustainable" along with the necessary fees set
forth in 2:78-2.3.
i. All applications must be made in writing, upon
forms provided by the NJDA for this purpose. When requesting an application package
from the NJDA, the handler must specify the category of organic certification sought
(crops, wildcrops, livestock or processor).
ii. The application must identify the name,
address, the commodities and/or activity for which the user is seeking certification
and other such information as is deemed necessary for the NJDA to determine whether
the handler has complied with the NOP and this chapter.
iii. The NJDA will assign a filing deadline for
the submission of the required annual update for all following years, which shall be
the first day of the ninth month after certification was granted.
iv. Initial certification fees shall be based on
projected 12 months gross sales of certified organic products and gross revenues
received from services rendered in connection with certified organic products.
Additional fees may apply as set forth in
2:78-2.3(f).
2. Handlers receiving certification
must file an annual update no later than the date assigned pursuant to (a)1iii
above.
i. The annual certification update must be
made in writing, upon a form provided by the NJDA for this purpose.
ii. The application must identify the name,
address, organic certification number of the user, commodities and/or activity for
which the user is seeking an annual certification update, and other such information
as is deemed necessary for the NJDA to determine whether the handler has complied
with the NOP and this chapter.
iii.
Certification fees for annual updates shall be based on the previous 12 months gross
sales of certified organic products and gross revenues received from services
rendered in connection with certified organic products. Additional fees may apply as
set forth in 2:78-2.3(f).
iv. Annual update applications postmarked after
the due date set forth in (a)1 above may be assessed a late fee of $
75.00.
3. All handlers must
submit with the application or annual update, the following certification, signed by
a person authorized to act on behalf of the applicant that shall appear on the
application or annual update:
"I certify under penalty of law that the information provided in
this document is true, accurate and complete. I am aware that there are significant
civil penalties for submitting false, inaccurate or incomplete information and
significant criminal penalties, including fines and/or imprisonment for submitting
false, inaccurate or incomplete information or information which I do not believe to
be true."
4. All handlers
seeking initial certification and annual certification updates shall be subject to
an inspection of their premises.
5. All
handlers must comply with the certification requirements set forth in this chapter
and in Subpart E of the NOP (
7 CFR
205.400 through
205.406
), as amended and supplemented.
6.
Applications for certification or annual updates may be rejected if:
i. The filed application package is substantially
incomplete;
ii. The application
demonstrates noncompliance with organic standards established by the NOP and this
chapter;
iii. The handler seeks
certification in a category of organic certification that NJDA is not accredited to
certify;
iv. The application package was
not accompanied by the appropriate certification fee as set forth in N.J.A.C.
2:78-2.3; or
v. The handler has
otherwise failed to comply with the requirements of the NOP or this
chapter.
(c) All
applicants have a continuing obligation to inform the NJDA of any changes in
information contained in a certification application or annual certification update
application and to provide any additional information required by the NJDA. NJDA may
require the applicant, certified producer or certified handler to provide additional
documentation to verify all representations made to the NJDA.
(d) Incidents involving false swearing or false
reporting in the documents required by these rules may be referred by the NJDA for
prosecution. Penalties for false swearing are set forth in
7 CFR
205.100(c)(2).
(e) Certification applications or annual
certification update applications filed pursuant to (a) or (b) above may be
voluntarily withdrawn at any time. Notice of withdrawal must be given to NJDA in
writing. Producers or handlers who voluntarily withdraw their applications will be
liable for the costs of incurred by NJDA up to the time of withdrawal of its
application.
