Current through Register Vol. 56, No. 6, March 18, 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.
