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 certifying
agent applying for accreditation from the director in compliance with
the 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 a
person 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 Agriculture
under 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 of
the 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 of
crop production with respect to a particular crop. The term does not
refer to the quality, nutritional value, or healthfulness of the crop
produced.
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 et
seq.).
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 organic
peer 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 applicant
under this chapter.
(b) In determining whether to grant accreditation to an applicant,
the director shall consider the report concerning the applicant that is
prepared by the panel under section 13 of this chapter.
(c) The director shall make a determination and respond to the
applicant not later than three (3) months after the date of receipt of
the 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 in
writing 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 knowledge
in techniques involving the growing of organic products and have
experience in the field of organic agriculture. The governor shall
appoint the members as follows:
(1) Three (3) representatives of the Indiana farming community
who are operators of an organic farm in Indiana that is certified
by a private certification agency.
(2) One (1) representative of a group representing retailers or
distributors of organic products.
(3) Two (2) representatives of a group representing consumers
of organic products.
(4) One (1) representative of a group representing processors or
handlers of organic products.
(5) The director shall serve as an ex officio nonvoting member
of the panel.
(6) The state chemist shall serve as an ex officio nonvoting
member of the panel.
(c) Not more than two (2) voting members of the panel appointed
under subsection (b) may be persons who are employed by the state.
(d) The panel shall select a chairperson from among the panel
members.
(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 term
shall be filled for the unexpired term in the same manner as the
appointment to the panel of the vacated position is made under
subsection (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 any
other times called by the chairperson.
(b) Four (4) voting members present at a meeting constitute a
quorum.
(c) A majority of a quorum is required to conduct the business of
the 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 is
not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b).
(b) A member of the panel is entitled to reimbursement for
traveling expenses and other expenses actually incurred in
connection with the member's duties as provided in the state travel
policies and procedures established by the Indiana department of
administration 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 the
assistance of the panel. The director has no regulatory authority
under this chapter except as provided under section 17 of this
chapter.
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 by
which certifying agents certify that the agricultural product was
produced or handled in accordance with the regulations adopted
under the Organic Foods Production Act.
(2) Review all applicants every three (3) years.
(3) Prepare and submit a report concerning each applicant to the
director.
(4) Assist the director in evaluating applications for
accreditation from applicants.
(5) Establish fees to be paid by an applicant seeking
accreditation from the director to certify organic products. The
fees established may not exceed the costs of administering this
chapter.
(b) The standards adopted under this section must concern the
following:
(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 the
protection of the rights of participants in an applicable organic
certification program.
(6) Other terms and conditions that the panel considers
necessary, in compliance with the Organic Foods Production
Act.
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 Production
Act.
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 Indiana
as:
(1) organic;
(2) certified organic; or
(3) Indiana certified organic;
in Indiana only if the product has been certified by a certifying
agency 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, do
all things necessary to implement this chapter. However, if residue
testing of a product subject to certification under this chapter is
required by federal law or regulations, the testing must be conducted
according 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 to
implement 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 product
that has not been designated "certified organic" by an accredited
certifying agent under this chapter and in accordance with the
Organic Foods Production Act; and
(2) who:
(A) knows; or
(B) reasonably should know;
that the product has not been designated "certified organic" by
an accredited certifying agent under this chapter and in
accordance with the Organic Foods Production Act;
commits a Class A infraction.
(b) Each label or each copy of a written public document
containing the words "organic" or "certified organic" alone or in
combination with other words used to market a product that has not
been designated "certified organic" by an accredited certifying agent
constitutes a separate infraction.
As added by P.L.2-2008, SEC.6.