CHAPTER 8. INDIANA ORGANIC CERTIFICATION ACCREDITATION - Indiana Statutes

IC 15-15-8
     Chapter 8. Indiana Organic Certification Accreditation

IC 15-15-8-1
"Applicant"
     Sec. 1. As used in this chapter, "applicant" refers to a certifying agent applying for accreditation from the director in compliance with the Organic Foods Production Act.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-2
"Certifying agent"
     Sec. 2. As used in this chapter, "certifying agent" refers to a person or entity acting as an independent contractor who is:
        (1) accredited by the director;
        (2) approved by the panel to conduct field or farm certification; and
        (3) accredited by the United States Department of Agriculture under the Organic Foods Production Act.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-3
"Director"
     Sec. 3. As used in this chapter, "director" refers to the director of the Indiana state department of agriculture or the director's designee.
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.50.

IC 15-15-8-4
"Organic"
     Sec. 4. As used in this chapter, "organic" refers to the method of crop production with respect to a particular crop. The term does not refer to the quality, nutritional value, or healthfulness of the crop produced.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-5
"Organic Foods Production Act"
     Sec. 5. As used in this chapter, "Organic Foods Production Act" means the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
As added by P.L.2-2008, SEC.6.

IC 15-15-8-6
"Panel"
     Sec. 6. As used in this chapter, "panel" means the Indiana organic peer review panel established by section 9 of this chapter.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-7
Accreditation of applicants      Sec. 7. (a) The director may grant accreditation to an applicant under this chapter.
    (b) In determining whether to grant accreditation to an applicant, the director shall consider the report concerning the applicant that is prepared by the panel under section 13 of this chapter.
    (c) The director shall make a determination and respond to the applicant not later than three (3) months after the date of receipt of the application.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-8
Application for accreditation required
     Sec. 8. A certifying agent operating within Indiana must apply in writing to the director for accreditation.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-9
Indiana organic peer review panel established; membership; terms; removal
     Sec. 9. (a) The Indiana organic peer review panel is established.
    (b) The panel consists of nine (9) members who have knowledge in techniques involving the growing of organic products and have experience in the field of organic agriculture. The governor shall appoint the members as follows:
        (1) Three (3) representatives of the Indiana farming community who are operators of an organic farm in Indiana that is certified by a private certification agency.
        (2) One (1) representative of a group representing retailers or distributors of organic products.
        (3) Two (2) representatives of a group representing consumers of organic products.
        (4) One (1) representative of a group representing processors or handlers of organic products.
        (5) The director shall serve as an ex officio nonvoting member of the panel.
        (6) The state chemist shall serve as an ex officio nonvoting member of the panel.
    (c) Not more than two (2) voting members of the panel appointed under subsection (b) may be persons who are employed by the state.
    (d) The panel shall select a chairperson from among the panel members.
    (e) The term of each voting member of the panel is four (4) years. A vacancy that occurs on the panel before the expiration of a term shall be filled for the unexpired term in the same manner as the appointment to the panel of the vacated position is made under subsection (b).
    (f) The governor may remove a panel member for cause.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-10 Meetings; quorum
     Sec. 10. (a) Each year, the panel shall meet quarterly and at any other times called by the chairperson.
    (b) Four (4) voting members present at a meeting constitute a quorum.
    (c) A majority of a quorum is required to conduct the business of the panel.
    (d) IC 5-14-1.5 applies to meetings of the panel.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-11
Per diem and travel expenses
     Sec. 11. (a) A member of the panel who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
    (b) A member of the panel is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-12
Implementation by director
     Sec. 12. The director shall implement this chapter with the assistance of the panel. The director has no regulatory authority under this chapter except as provided under section 17 of this chapter.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-13
Panel's duties; fees; standards for certifying procedure
     Sec. 13. (a) The panel shall do the following:
        (1) Adopt standards to be used in reviewing the procedure by which certifying agents certify that the agricultural product was produced or handled in accordance with the regulations adopted under the Organic Foods Production Act.
        (2) Review all applicants every three (3) years.
        (3) Prepare and submit a report concerning each applicant to the director.
        (4) Assist the director in evaluating applications for accreditation from applicants.
        (5) Establish fees to be paid by an applicant seeking accreditation from the director to certify organic products. The fees established may not exceed the costs of administering this chapter.
    (b) The standards adopted under this section must concern the following:
        (1) The production and handling of agricultural products.
        (2) A procedure under which certifying agents certify a farm,

field, or product under this chapter.
        (3) The inspection of farms and products.
        (4) Testing by certifying agents.
        (5) Reasonable security provided by the certifying agent for the protection of the rights of participants in an applicable organic certification program.
        (6) Other terms and conditions that the panel considers necessary, in compliance with the Organic Foods Production Act.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-14
Certification required for products labeled organic
     Sec. 14. A product sold in Indiana that is:
        (1) labeled organic or certified organic; and
        (2) produced in any other state of the United States;
must be certified in accordance with the Organic Foods Production Act.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-15
Sale of products designated as organic; certification required
     Sec. 15. A person may sell or label a product produced in Indiana as:
        (1) organic;
        (2) certified organic; or
        (3) Indiana certified organic;
in Indiana only if the product has been certified by a certifying agency that has been accredited by the director.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-16
Panel's powers; residue testing
     Sec. 16. The panel may, subject to the approval of the director, do all things necessary to implement this chapter. However, if residue testing of a product subject to certification under this chapter is required by federal law or regulations, the testing must be conducted according to standards developed by the state chemist.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-17
Rules
     Sec. 17. The director shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.2-2008, SEC.6.

IC 15-15-8-18
Injunctions
     Sec. 18. The panel may, subject to the approval of the director, seek injunctive relief for violations of this chapter. As added by P.L.2-2008, SEC.6.

IC 15-15-8-19
Violations; marketing uncertified products
     Sec. 19. (a) A person:
        (1) who uses the term:
            (A) organic;
            (B) certified organic; or
            (C) Indiana certified organic;
        alone or in combination with other words to market a product that has not been designated "certified organic" by an accredited certifying agent under this chapter and in accordance with the Organic Foods Production Act; and
        (2) who:
            (A) knows; or
            (B) reasonably should know;
        that the product has not been designated "certified organic" by an accredited certifying agent under this chapter and in accordance with the Organic Foods Production Act;
commits a Class A infraction.
    (b) Each label or each copy of a written public document containing the words "organic" or "certified organic" alone or in combination with other words used to market a product that has not been designated "certified organic" by an accredited certifying agent constitutes a separate infraction.
As added by P.L.2-2008, SEC.6.