Current through October 31, 2024
Section 375 IAC 1-5-3 - HandlingAuthority: IC 15-15-8-17
Affected: IC 15-15-8
Sec. 3.
(a) For a handling operation to be certified under this title, such handling operation shall not, with respect to any agricultural product covered by this title, do the following:(1) Add any synthetic ingredient during the processing or any postharvest handling of the product.(2) Add any ingredient known to contain levels of nitrates, heavy metals, or toxic residues in excess of those permitted by the applicable organic certification program.(3) Add any sulfites, nitrates, or nitrites.(4) Add any ingredients that are not organically produced in accordance with this title and the applicable organic certification program, unless such ingredients are included on the National List, and represent not more than five percent (5%) of the weight of the total finished product (excluding salt and water).(5) Use any packaging materials, storage containers, or bins that contain synthetic fungicides, preservatives, or fumigants.(6) Use any bag or container that had previously been in contact with any substance in such a manner as to compromise the organic quality of such product.(7) Use in such product water that does not meet all Safe Drinking Water Act, 42 U.S.C. Sections 300f through 300g-6, requirements.(8) Use genetically engineered organisms.(b) For a handling operation to be organically certified under this title, such handling operation shall ensure that organically produced product does not come in contact with nonorganically produced product.(c) As used in this rule, "handling" includes processing and packaging.(d) Any facility where cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, including the packaging, canning, jarring, or otherwise enclose [sic., enclosing] a food article in a container, is eligible for certification, provided such facility meets all other applicable Indiana and federal food sanitation and health standards.(e) Any facility that receives or otherwise acquires organically produced food articles and processes, packages, stores, or transports such products, provided such facility meets all other applicable Indiana and federal food sanitation and health standards, is eligible for certification.(f) Shipping containers in which organically produced raw food articles arrive must not have been fumigated or used to transport any substances which could compromise organic quality or otherwise be inconsistent with the purposes of state and federal law and this title.(g) All handling operations seeking to be certified must submit a written organic handling plan to the certifying agent with the application. The organic handling plan must include a description of all of the materials, processes, facilities, and byproducts of the handling operation, as well as provisions ensuring that food articles sold or labeled as organically produced are produced and handled in a manner consistent with this title and the Organic Foods Production Act of 1990, 7 U.S.C. 94, Section 6501, et seq.(h) If an operation wishes to seek certification for both producing and handling, both an organic farm plan and an organic handling plan must be submitted.(i) The handler must assure the certifier, through the organic handling plan and accurate records that organically produced products have not been exposed to any prohibited substances, even though the prohibited substances may be used on conventional products going through the facility.(j) A handling operation must demonstrate, through appropriate documentation, complete compliance with the following methods, materials, and requirements: (1) All organically produced food articles on the premises of a certified handling operation must bear an identification tag placed by the handler upon arrival unless a field tagging system operated in conjunction with the organic producer is used marking the food article as organically produced in the field or prior to delivery.(2) Tagging requirements apply equally to cold storage and packing facilities.(3) Proper identification of all production and handling operations involved (using the assigned producer and/or handling ID number given by the certifying agency), including applicable certification information, should be affixed to all products.(4) The water source at the handling operation must be tested. If a different source is used on the food articles than is used for drinking, then the source used on the food articles must be tested. The analysis must be within all applicable local, state, and federal water quality limits.(5) All machinery must be maintained in accordance with the purposes of this title and the Organic Foods Production Act of 1990, 7 U.S.C. 94, Section 6501, et seq., including regular maintenance, regular cleaning, and regular calibration. All aspects of machine maintenance should be scrutinized by the handler to ensure compliance with the purposes of this title and the Organic Foods Production Act of 1990, 7 U.S.C. 94, Section 6501, et seq.(6) Storage bins may not contain any synthetic fungicides, preservatives, or fumigants.(7) Techniques used for rodent and/or insect control in organic storage areas must be consistent with sound organic practices. Synthetic materials used must be listed on the National List.(8) A biodegradable soap followed by a clean water rinse may be used to remove field dusts and residues.(9) SOPP and similar cleaners are prohibited. Sodium silicate or silicate of soda should be used to increase the density of water when necessary for floating fruit.(10) All machinery and other equipment used in the handling process must be disinfected. A nonstabilizing chlorine solution should be used, and the machine must be thoroughly rinsed with clean water prior to operation.(11) All cold storage rooms may be washed and sanitized with a chlorine solution using nonstabilizing chlorine. Rooms should be aired out prior to filling with organic products.(12) All drier rooms may be cleaned in a manner similar to cold storage areas. Drier racks may be cleaned in a similar manner, but should be thoroughly rinsed.(13) In areas where entire manufacturing plants are periodically fumigated, the processor must demonstrate that no fumigants will form toxic residues on organic products.(14) All packaging must be clearly labeled, indicating the place or places of origin of the product and whether the packaged product is certified organically produced.Indiana State Department of Agriculture; 375 IAC 1-5-3; filed Jun 15, 2001, 11:46 a.m.: 24 IR 3640; readopted filed Nov 26, 2007, 2:49 p.m.: 20071226-IR-375070721RFA