N.M. Admin. Code § 21.15.1.7

Current through Register Vol. 36, No. 1, January 14, 2025

Section 21.15.1.7 - DEFINITIONS

The following definitions apply to this part and all other regulations the department adopts.

A."Accreditation" means a determination made by USDA that authorizes a private, foreign, or state entity to conduct certification activities as a certifying agent under the standards.

B."Agricultural product" means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock.

C."Application" means a formal request to an authority for the purpose of organic certification.

D."Certify or certification or certified" means a determination made by a USDA-accredited certifying agent that a production or handling operation is in compliance with the Organic Foods Production Act of 1990 and the standards which is documented by a certificate of organic operation.

E."Certifying agent" means any entity accredited by the national organic program as a certifying agent for the purpose of certifying a production or handling operation as a certified production or handling operation.

F."Department" means the New Mexico department of agriculture.

G."Farm operation" means raising, cultivating, propagating, fattening, grazing, or any other farming or ranching activity.

H."Fees" means funds collected by the department as provided for under the act.

I."Handler" means any person who engages in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products. This may include a processor.

J."National organic program" means the USDA program authorized by the federal Organic Foods Production Act of 1990 for the purpose of implementing its provisions.

K."Organic" means a labeling term that refers to an agricultural product produced in accordance with the federal Organic Foods Production Act of 1990.

L."Organic products" means all products certified by the department as "100 percent organic," "organic" or "made with organic (ingredients or food groups)."

M."Processor" means any person who engages in the cooking, baking, curing, heating, drying, mixing, grinding, churning, separating, extracting, slaughtering, cutting, fermenting, distilling, eviscerating, preserving, dehydrating, freezing, chilling, or otherwise manufacturing and includes the packaging, canning, jarring, or otherwise enclosing food in a container.

N."Producer" means a person who engages in the business of growing or producing food, fiber, feed, and other agricultural products.

O."Renewal" means annual update required for continued certification.

P."Reviewing Process" means the review of an application prior to conducting an inspection of the applicant's scope(s).

Q."Scope" refers to operation type; crops, livestock, wild crops, and handling.

R."Standards" means the specific federal requirements that must be verified by the certifying agent accredited by the national organic program of the USDA before products can be labeled organic.

S."USDA" means United States department of agriculture.

N.M. Admin. Code § 21.15.1.7

21.15.1.7 NMAC - N, 2/29/2012, Adopted by New Mexico Register, Volume XXVIII, Issue 20, October 31, 2017, eff. 1/1/2018