CHAPTER 8. INDIANA ORGANIC CERTIFICATION ACCREDITATION
IC 15-15-8
Chapter 8. Indiana Organic Certification Accreditation
IC 15-15-8-1
"Applicant"
Sec. 1. As used in this chapter, "applicant" refers to a certifyingagent applying for accreditation from the director in compliance withthe Organic Foods Production Act.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-2
"Certifying agent"
Sec. 2. As used in this chapter, "certifying agent" refers to aperson or entity acting as an independent contractor who is:
(1) accredited by the director;
(2) approved by the panel to conduct field or farm certification;and
(3) accredited by the United States Department of Agricultureunder the Organic Foods Production Act.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-3
"Director"
Sec. 3. As used in this chapter, "director" refers to the director ofthe Indiana state department of agriculture or the director's designee.
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.50.
IC 15-15-8-4
"Organic"
Sec. 4. As used in this chapter, "organic" refers to the method ofcrop production with respect to a particular crop. The term does notrefer to the quality, nutritional value, or healthfulness of the cropproduced.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-5
"Organic Foods Production Act"
Sec. 5. As used in this chapter, "Organic Foods Production Act"means the Organic Foods Production Act of 1990 (7 U.S.C. 6501 etseq.).
As added by P.L.2-2008, SEC.6.
IC 15-15-8-6
"Panel"
Sec. 6. As used in this chapter, "panel" means the Indiana organicpeer review panel established by section 9 of this chapter.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-7
Accreditation of applicants Sec. 7. (a) The director may grant accreditation to an applicantunder this chapter.
(b) In determining whether to grant accreditation to an applicant,the director shall consider the report concerning the applicant that isprepared by the panel under section 13 of this chapter.
(c) The director shall make a determination and respond to theapplicant not later than three (3) months after the date of receipt ofthe application.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-8
Application for accreditation required
Sec. 8. A certifying agent operating within Indiana must apply inwriting to the director for accreditation.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-9
Indiana organic peer review panel established; membership;terms; removal
Sec. 9. (a) The Indiana organic peer review panel is established.
(b) The panel consists of nine (9) members who have knowledgein techniques involving the growing of organic products and haveexperience in the field of organic agriculture. The governor shallappoint the members as follows:
(1) Three (3) representatives of the Indiana farming communitywho are operators of an organic farm in Indiana that is certifiedby a private certification agency.
(2) One (1) representative of a group representing retailers ordistributors of organic products.
(3) Two (2) representatives of a group representing consumersof organic products.
(4) One (1) representative of a group representing processors orhandlers of organic products.
(5) The director shall serve as an ex officio nonvoting memberof the panel.
(6) The state chemist shall serve as an ex officio nonvotingmember of the panel.
(c) Not more than two (2) voting members of the panel appointedunder subsection (b) may be persons who are employed by the state.
(d) The panel shall select a chairperson from among the panelmembers.
(e) The term of each voting member of the panel is four (4) years.A vacancy that occurs on the panel before the expiration of a termshall be filled for the unexpired term in the same manner as theappointment to the panel of the vacated position is made undersubsection (b).
(f) The governor may remove a panel member for cause.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-10 Meetings; quorum
Sec. 10. (a) Each year, the panel shall meet quarterly and at anyother times called by the chairperson.
(b) Four (4) voting members present at a meeting constitute aquorum.
(c) A majority of a quorum is required to conduct the business ofthe panel.
(d) IC 5-14-1.5 applies to meetings of the panel.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-11
Per diem and travel expenses
Sec. 11. (a) A member of the panel who is not a state employee isnot entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b).
(b) A member of the panel is entitled to reimbursement fortraveling expenses and other expenses actually incurred inconnection with the member's duties as provided in the state travelpolicies and procedures established by the Indiana department ofadministration and approved by the budget agency.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-12
Implementation by director
Sec. 12. The director shall implement this chapter with theassistance of the panel. The director has no regulatory authorityunder this chapter except as provided under section 17 of thischapter.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-13
Panel's duties; fees; standards for certifying procedure
Sec. 13. (a) The panel shall do the following:
(1) Adopt standards to be used in reviewing the procedure bywhich certifying agents certify that the agricultural product wasproduced or handled in accordance with the regulations adoptedunder the Organic Foods Production Act.
(2) Review all applicants every three (3) years.
(3) Prepare and submit a report concerning each applicant to thedirector.
(4) Assist the director in evaluating applications foraccreditation from applicants.
(5) Establish fees to be paid by an applicant seekingaccreditation from the director to certify organic products. Thefees established may not exceed the costs of administering thischapter.
(b) The standards adopted under this section must concern thefollowing:
(1) The production and handling of agricultural products.
(2) A procedure under which certifying agents certify a farm,
field, or product under this chapter.
(3) The inspection of farms and products.
(4) Testing by certifying agents.
(5) Reasonable security provided by the certifying agent for theprotection of the rights of participants in an applicable organiccertification program.
(6) Other terms and conditions that the panel considersnecessary, in compliance with the Organic Foods ProductionAct.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-14
Certification required for products labeled organic
Sec. 14. A product sold in Indiana that is:
(1) labeled organic or certified organic; and
(2) produced in any other state of the United States;
must be certified in accordance with the Organic Foods ProductionAct.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-15
Sale of products designated as organic; certification required
Sec. 15. A person may sell or label a product produced in Indianaas:
(1) organic;
(2) certified organic; or
(3) Indiana certified organic;
in Indiana only if the product has been certified by a certifyingagency that has been accredited by the director.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-16
Panel's powers; residue testing
Sec. 16. The panel may, subject to the approval of the director, doall things necessary to implement this chapter. However, if residuetesting of a product subject to certification under this chapter isrequired by federal law or regulations, the testing must be conductedaccording to standards developed by the state chemist.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-17
Rules
Sec. 17. The director shall adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.2-2008, SEC.6.
IC 15-15-8-18
Injunctions
Sec. 18. The panel may, subject to the approval of the director,seek injunctive relief for violations of this chapter.As added by P.L.2-2008, SEC.6.
IC 15-15-8-19
Violations; marketing uncertified products
Sec. 19. (a) A person:
(1) who uses the term:
(A) organic;
(B) certified organic; or
(C) Indiana certified organic;
alone or in combination with other words to market a productthat has not been designated "certified organic" by an accreditedcertifying agent under this chapter and in accordance with theOrganic Foods Production Act; and
(2) who:
(A) knows; or
(B) reasonably should know;
that the product has not been designated "certified organic" byan accredited certifying agent under this chapter and inaccordance with the Organic Foods Production Act;
commits a Class A infraction.
(b) Each label or each copy of a written public documentcontaining the words "organic" or "certified organic" alone or incombination with other words used to market a product that has notbeen designated "certified organic" by an accredited certifying agentconstitutes a separate infraction.
As added by P.L.2-2008, SEC.6.