Section 375 IAC 1-1-1 - DefinitionsAuthority: IC 15-15-8-17
Affected: IC 15-15-8
Sec. 1.
(a) The definitions in this rule apply throughout this title.(b) "Accreditation" refers to the review by the Indiana organic peer review panel and approval by the commissioner of certifying agents operating in Indiana to ensure that the certifying agent is in compliance with Indiana organic standards and the requirements of IC 5-4-12-16[sic]. Accreditation by the commissioner is not a replacement for United States Department of Agriculture accreditation required by the Organic Foods Production Act of 1990, 7 U.S.C. 94, Section 6501, et seq.(c) "Agricultural product" means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed in the United States for human or livestock consumption.(d) "Botanical pesticides" means natural pesticides derived from plants.(e) "Certified organic farm" means a farm, or portion of a farm, or site where agricultural products or livestock are produced, that is certified by the certifying agent (as defined in IC 15-4-12-2[IC 15-4 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC 15-15-8-2.]) pursuant to this rule as utilizing a system of organic farming in compliance with the Indiana organic standards.(f) "Certified organic handling operation" means any operation, or portion of any handling operation, that is certified by the certifying agent pursuant to this rule as utilizing a system of organic handling in compliance with the Indiana organic standards.(g) "Commissioner" means the Indiana commissioner of agriculture.(h) "Compost" means a process that creates conditions that facilitate the controlled decomposition of organic matter into a more stable and easily handled soil amendment, usually by piling, aerating, and moistening, or the product of such a process.(i) "Crop year" means the normal growing season for a crop.(j) "Genetically engineered" means made with techniques that alter the molecular or cell biology of an organism by means that are not possible under natural conditions or processes. Genetic engineering includes the following:(1) Recombinant DNA and RNA techniques.(3) Micro and macro encapsulation.(4) Gene deletion and doubling.(5) Introducing a foreign gene.(6) Changing the positions of genes. The term shall not include breeding, conjugation, fermentation, hybridization, in vitro fertilization, and tissue culture unless transgenic organisms are involved.
(k) "Handle" means to sell, process, or package agricultural products.(l) "Handler" means any person engaged in the business of handling agricultural products, except that the term shall not include final retailers of agricultural products that do not process agricultural products.(m) "Handling operation" means any operation or portion of an operation (except final retailers of agricultural products that do not process agricultural products) that: (1) receives or otherwise acquires agricultural products; and(2) processes, repackages, or stores such products.(n) "Indiana organic standards" means the standards set forth in this title that are required of an agricultural product to be sold or labeled as an organically produced agricultural product under this title. These standards include the following: (1) The agricultural product must have been produced and handled without the use of synthetic chemicals, except as otherwise provided in this title.(2) The agricultural product must not have been produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the three (3) years immediately preceding the harvest of the agricultural products, except as otherwise provided in this title.(3) The agricultural product must have been produced and handled in compliance with an organic plan agreed to by the producer and handler of such product and the certifying agent.(o) "Livestock" means any cattle, sheep, goats, poultry, swine, or equine animals used for food or in the [sic.] of food, fish used for food, wild or domesticated game, or other nonplant life.(p) "National List" means the list of approved and prohibited substances as provided for in the Organic Foods Production Act of 1990, 7 U.S.C. 94, Section 6501, et seq.(q) "Organic" and "organically produced" has the meaning set forth in IC 15-4-12-4[IC 15-4 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC 15-15-8-4.]. Organically produced means an agricultural product that is produced and handled in accordance with this title, IC 15-4-12[IC 15-4 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC 15-15-8.].(r) "Organic plan" means a plan of management of an organic farming or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production or handling described in the Indiana organic standards, including crop rotation and other practices as required under this rule and the Organic Foods Production Act of 1990, 7 U.S.C. 94, Section 6501, et seq.(s) "Organically processed food" means food which, in its processing, has not been treated with synthetically derived preservatives, colorings, flavorings, or any other artificial or synthetic additives unless placed on the National List. In addition, the term defines food that has been processed in an inspected facility that meets all the standards set forth by the panel for food processors.(t) "Panel" means the Indiana organic peer review panel established under IC 15-4-12-9[IC 15-4 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008.].(u) "Person" means: (2) a group of individuals;(5) a limited liability entity;(v) "Pesticide" means any substance, which alone, in chemical combination, or in any formulation with one (1) or more substances, is defined as a pesticide in the federal Insecticides and Environmental Pesticide Control Act (7 U.S.C. Subchapter II, Section 136).(w) "Processing" means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, and includes packaging, canning, jarring, or otherwise enclosing food in a container.(x) "Producer" means a person who engages in the business of growing or producing food, livestock, feed, or fiber.(y) "Secretary" means the Secretary of the United States Department of Agriculture.(z) "State organic program" means a program that:(1) meets the requirements of the Organic Foods Production Act of 1990, 7 U.S.C. 94, Section 6501, et seq.;(2) is approved by the Secretary; and(3) is designed to ensure that a product that is sold or labeled as organically produced under this title is produced and handled using organic methods.(aa) "Synthetic" means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes unless such processes involve transgenic organisms or substances.(bb) "System of organic handling" means a system that is designed to handle agricultural products without the use of synthetic additives, aids, or ingredients that are used during processing, packaging, or storing agricultural products in accordance with this title and by the use of methods and substances that maintain the integrity of organic agricultural products until they reach the consumer.Indiana State Department of Agriculture; 375 IAC 1-1-1; filed Jun 15, 2001, 11:46 a.m.: 24 IR 3628; readopted filed Nov 26, 2007, 2:49 p.m.: 20071226-IR-375070721RFA