375 Ind. Admin. Code 1-2-4

Current through October 23, 2024

Section 375 IAC 1-2-4 - Certifying agents; duties and responsibilities

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.

375 IAC 1-2-4

Indiana State Department of Agriculture; 375 IAC 1-2-4; filed Jun 15, 2001, 11:46 a.m.: 24 IR 3630; readopted filed Nov 26, 2007, 2:49 p.m.: 20071226-IR-375070721RFA