Section 375 IAC 1-2-3 - Relationship between inspectors and certifying agentsAuthority: IC 15-15-8-17
Affected: IC 15-15-8
Sec. 3.
(a) Certifying agents shall employ or retain sufficient numbers of competent, experienced personnel to:(1) inspect the operations and premises of producers and handlers seeking organic certification; and(2) report to the certifying agent the extent and manner in which the producer or handler has implemented and complied with organic accreditation standards.(b) The relationship between inspector and certifying agent is one of confidence. The certifying agent and the inspector shall maintain strict confidentiality with respect to producers and handlers and may not disclose to third parties (except the panel or commissioner) any business related information concerning such producer or handler obtained while implementing this title.(c) Each certifying agent and each inspector must be demonstrably impartial and independent and undertake inspection and certification of compliance with the Indiana organic certification standards in a fair and impartial manner.(d) No inspector, certifying agent, nor any employee of any certifying agent may do the following:(1) Be a party to any transaction involving the certified products, provided, however, that the certifying agent's employees and any inspector may be a retail purchaser and consumer of the certified products.(2) Be an employee of or have any financial interest in, directly or indirectly, any party to any transaction involving the certified products.(3) Have been employed by or have been a party to a contract with the producer seeking certification in the year prior to the commencement of the certification year, or be employed by or enter into any contract with the producer in the year following the certification year.(4) Provide any advice except to help the producer meet standards and improve organic production techniques.(5) Solicit or receive anything of value for the provision of any service or consultation at any time within the certification year. The solicitation or receipt of anything of value for the provision of any service or consultation in violation of this rule constitutes grounds for revocation of accreditation of the certifying agent and revocation of the right to use the Indiana certified organic mark.Indiana State Department of Agriculture; 375 IAC 1-2-3; filed Jun 15, 2001, 11:46 a.m.: 24 IR 3630; readopted filed Nov 26, 2007, 2:49 p.m.: 20071226-IR-375070721RFA