TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 426
STANDARDS FOR FARM PRODUCTS

Section 426:6-b

    426:6-b Certification. –
I. Any producer, processor, on-farm processor or handler of agricultural plant, animal, food, or fiber commodities that are sold, labeled, or represented as "100 percent organic," "organic," "made with organic," or similar terms, shall be enrolled in a certification program which includes an inspection made no less than annually, by a certifying agency accredited by the United States Department of Agriculture in accordance with the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, unless such producer, processor, or handler is exempted therein.
II. The commissioner may enter into a cooperative agreement with the United States Department of Agriculture to become an accredited certifying agency as provided for by the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, and to implement the provisions thereof.
III. The commissioner may employ inspectors to certify agricultural producers, processors, on-farm processors and handlers in this state, and to determine whether or not agricultural plant, animal, food, or fiber commodities are marked, branded, or labeled in accordance with the labeling requirements set forth in this chapter and in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.
IV, V. [Repealed.]
VI. For purposes of this chapter "on-farm processor" means a processor who uses products grown or raised on his or her own farm.

Source. 1986, 20:1, eff. June 17, 1986. 2002, 38:3, eff. April 19, 2002. 2003, 177:1, 2, eff. Aug. 22, 2003; 177:5, 7, eff. July 1, 2007. 2013, 136:3, eff. June 27, 2013.