Chapter 57 - Food Protection (Reserved)

                                CHAPTER 57                             FOOD PROTECTION                                (Reserved)        Enactment.  Chapter 57 (Reserved) was added December 12,     1994, P.L.903, No.131, effective in 60 days.                                CHAPTER 59                              ORGANIC FOODS     Sec.     5901.  Short title of chapter.     5902.  Declaration of policy.     5903.  Definitions.     5904.  Organic certification.     5905.  Crop production practices and materials.     5906.  Animal production practices and materials.     5907.  Producer statement.     5908.  Rules and regulations.     5909.  Violations.        Enactment.  Chapter 59 was added December 12, 1994, P.L.903,     No.131, effective in 60 days.     § 5901.  Short title of chapter.        This chapter shall be known and may be cited as the Organic     Food Products Standards Act.     § 5902.  Declaration of policy.        The General Assembly finds and declares as follows:            (1)  A public benefit will be achieved by establishing        standards for agricultural products marketed, labeled and        advertised using the term "organic" or a derivative of the        term "organic." Standards facilitate the development of        intrastate and interstate markets for organically produced        agricultural products by providing a clear, uniform        definition for farmers, food processors, food distributors        and consumers alike.            (2)  It is intended that private certifying agents be        recognized by the department to determine whether food        products marketed, labeled and advertised as organic conform        to standards set forth in the Organic Foods Production Act of        1990 (Public Law 101-624, 104 Stat. 3935).     § 5903.  Definitions.        The following words and phrases when used in this chapter     shall have the meanings given to them in this section unless the     context clearly indicates otherwise:        "Agricultural product."  Any agricultural commodity or     product, whether in raw or prepared form, including any     commodity or product derived from livestock that is intended for     human or livestock consumption or seed.        "Distribute."  To offer for sale, sell, barter, process or     otherwise supply agricultural products.        "Distributor."  Any person who sells agricultural products to     consumers or other distributors. The term does not include final     retailers of agricultural products that do not process     agricultural products.        "Organic certification agent or agency."  Private individuals     or organizations residing or doing business in this Commonwealth     who are certified by the Secretary of the United States     Department of Agriculture as capable of inspecting farms and     food distributor operations to determine whether the farms and     food distributor operations conform with standards set forth in     the Organic Foods Production Act of 1990 (Public Law 101-624,     104 Stat. 3935).        "Organically produced."  Any agricultural product that is     produced and distributed in accordance with this chapter.        "Producer."  Any person that grows, raises, processes or     produces an agricultural product and distributes the     agricultural product as organically produced.        "USDA."  The United States Department of Agriculture.     § 5904.  Organic certification.        (a)  General rule.--The department shall designate one or     more organic certification agents or agencies to certify     organically produced agricultural products in accordance with     this chapter.        (b)  Eligibility for services or certification.--An organic     certification agent or agency may not refuse services or     certification to a person who meets all of the following     requirements:            (1)  The person has met certification requirements for        agricultural products.            (2)  The person has paid certification fees.        (c)  USDA seal.--Producers and distributors certified by a     recognized organic certification agent or agency may incorporate     the USDA seal in the label design of their agricultural product.        (d)  Records.--Each organic certification agent or agency     designated by the department shall maintain detailed and     verifiable records on each producer certified for a period of     ten years.        (e)  Proposed regulations.--Organic certification agents or     agencies may submit proposed regulations to the department.     § 5905.  Crop production practices and materials.        (a)  Seeds and seedlings.--To be certified under this     chapter, producers shall not apply materials to or engage in     practices on seeds or seedlings that are contrary to or     inconsistent with USDA standards or this chapter.        (b)  Soil additives.--To be certified under this chapter,     producers shall not:            (1)  Use any fertilizers containing synthetic ingredients        or any commercially blended fertilizers containing materials        prohibited under the Organic Foods Production Act of 1990        (Public Law 101-624, 104 Stat. 3935) or this chapter.            (2)  Use phosphorus, lime or potash as a source of        nitrogen.        (c)  Crop management.--To be certified under this chapter,     producers shall not:            (1)  Use natural poisons such as arsenic or lead salts        that have long-term effects and persist in the environment,        as determined by the department.            (2)  Use plastic mulches unless the mulches are removed        at the end of each growing or harvest season.            (3)  Use transplants that are treated with any synthetic        or prohibited material.     § 5906.  Animal production practices and materials.        (a)  Livestock in general.--Any livestock that is to be     slaughtered and sold or labeled as organically produced shall be     raised in accordance with this chapter.        (b)  Breeder stock.--Breeder stock may be purchased from any     source if the stock is not in the last third of gestation.        (c)  Practices.--In order for livestock to be certified as     organically produced under this chapter producers shall not:            (1)  Feed the livestock feed other than organically        produced feed that meets the requirements of this chapter.            (2)  Use the following feed:                (i)  Plastic pellets for roughage.                (ii)  Manure refeeding.                (iii)  Feed formulas containing urea.            (3)  Use growth promoters and hormones on livestock,        whether implanted, ingested or injected, including        antibiotics and synthetic trace elements used to stimulate        growth or production of the livestock.        (d)  Livestock health care.--In order for livestock to be     certified as organically produced under this chapter, producers     shall not:            (1)  Use subtherapeutic doses of antibiotics.            (2)  Use synthetic internal parasiticides on a routine        basis.            (3)  Administer medication, other than vaccinations, in        the absence of illness.        (e)  Additional standards.--            (1)  With the exception of day-old poultry, all poultry        from which meat or eggs will be sold or labeled as        organically produced shall be raised and handled in        accordance with this chapter prior to and during the period        in which the meat or eggs are sold.            (2)  A dairy animal from which milk or milk products will        be distributed as organically produced shall be raised in        accordance with this chapter for a period of not less than        the 12 months immediately prior to the sale of the milk or        milk products.        (f)  Livestock identification.--            (1)  To be certified under this chapter, producers must        keep adequate records and maintain a detailed, verifiable        audit trail so that each animal or, in the case of poultry,        each flock can be traced back to the producer.            (2)  In order to carry out the requirements of paragraph        (1), each producer must keep accurate records on each animal        or, in the case of poultry, each flock, including amounts and        sources of all medications administered and all feeds and        feed supplements bought and fed.     § 5907.  Producer statement.        A producer shall not sell to a distributor any agricultural     product which the producer represents as an organically produced     agricultural product unless the producer received certification     from an organic certification agency or agent prior to the sale.     § 5908.  Rules and regulations.        (a)  Adoption.--The department shall adopt rules and     regulations in conformity with the act of June 25, 1982     (P.L.633, No.181), known as the Regulatory Review Act, and the     Organic Foods Production Act of 1990 (Public Law 101-624, 104     Stat. 3935) as the department believes are appropriate for the     administration of this chapter.        (b)  Prohibited substances.--Whenever the department believes     it appropriate to protect the interests of consumers of     organically produced agricultural products, the department may,     by regulation and in accordance with the Regulatory Review Act,     add to the list of prohibited substances under this chapter.     § 5909.  Violations.        The department shall issue orders to producers or     distributors found violating any provision of this chapter or     rules or regulations adopted under this chapter to cease their     violations and desist from future violations. The organic     certification agencies, the producers and the distributors shall     report to the department any violations of this chapter of which     they are aware. Whenever the department finds that a producer or     distributor has committed a violation, the department shall     impose upon and collect from the violator a civil fine not     exceeding the total of the following amounts:            (1)  The Commonwealth's estimated costs of investigating        and taking appropriate administrative and enforcement actions        in respect to the violation.            (2)  $1,000.