Section 375 IAC 1-3-1 - Organic certificationAuthority: IC 15-15-8-17
Affected: IC 15-15-8
Sec. 1.
(a) Certification may be of an entire farm or handling operation, or of specified fields or parts of a handling operation.(b) In the case of a farm or field, the area to be certified must have distinct, defined boundaries and buffer zones separating the land being operated through the use of organic methods from land that is not being operated through the use of organic methods.(c) No agricultural product may be labeled or sold as organic or certified organic, or Indiana certified organic in Indiana unless it has been produced only on certified organic farms and handled only through certified organic handling operations in accordance with this title except for United States Department of Agriculture approved processing of livestock products.(d) No agricultural product can be labeled or sold as organic or certified organic, or Indiana certified organic in Indiana, nor may any farm be certified organic by a certifying agent if the same agricultural product is also produced elsewhere on the farm using the methods or materials that do not conform to the Indiana organic certification standards, or if the same agricultural product is handled elsewhere within the handling operation, unless the producer or handler can clearly demonstrate to the certifying agent that there exist both the physical facilities and the organizational ability to ensure that there is no possibility of crop product mixing or the penetration of prohibited chemicals or other substances into the certified area. This criterion also applies where uncertified agricultural products are produced by the same producer on another farm unit or are purchased for resale.(e) A farm or field can be certified organic only if there has been no use of pesticides or nonapproved methods and/or materials during the three (3) consecutive years before harvest.(f) Each certified organic farm or each certified organic handling operation shall certify to the certifying agent on an annual basis that such farm or handling operation has not produced or handled any agricultural produce sold or labeled as organically produced, except in accordance with the Indiana organic standards.(g) In cases where an adjoining farm or field is not being operated through the use of organic methods, or there is another possibility of pesticide contamination, there must be adequate physical barriers or a twenty-five (25) foot (seven and six-tenths (7.6) meter) minimum distance between the farm or field being operated through the use of organic methods and the farm or field not being operated through the use of organic methods to maintain the integrity of certified organic fields. When contamination of the certified organic farm or field is suspected based upon articulable facts, the certifying agent may require residue testing.(h) Complete information describing at least three (3) most recent years' production methods and materials, as well as information about current production practices, must be provided. The applicant for certification must also furnish an outline of the organic farm plan directed at achieving strict compliance with this title.(i) To be certified organic, a farm or field must be managed in accordance with this title using approved methods and materials.(j) Only crops harvested after the inspection visit are eligible for certification status during the first twelve (12) months in which organic certification is granted. Farms with pending applications for recertification shall be entitled to label and sell agricultural products as certified organic for a full year following the certification agent's first decision in favor of certification. This one (1) year period may be extended by an additional thirty (30) days by the agent if necessary to complete the certification review.(k) In cases of suspected deliberate contamination, and following a request from the certification agent, the inspector shall have the right to make reasonable unannounced visits, take samples, and/or require residue tests, at the applicant's expense.Indiana State Department of Agriculture; 375 IAC 1-3-1; filed Jun 15, 2001, 11:46 a.m.: 24 IR 3633; readopted filed Nov 26, 2007, 2:49 p.m.: 20071226-IR-375070721RFA