Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-7 - FOOD DIVISION REGULATIONS › Subject 40-7-17 - REGULATIONS APPLICABLE TO ORGANIC › Rule 40-7-17-.02 - Registration Standards

Current through Rules and Regulations filed through June 27, 2024
REGISTRATION
REGISTRATION REQUIREMENTS, PRODUCERS, LIVESTOCK PRODUCERS,
				  HANDLERS, PROCESSORS, CERTIFICATION ORGANIZATIONS, (of raw or processed
				  agriculture commodities, meat, fowl, dairy products, fish, seafood or other
				  products).
(1) No person in this state
				without having first registered with the Commissioner of Agriculture, shall
				engage in the production, handling, processing, or certification of raw or
				processed agriculture commodities including meat, fowl, dairy products, fish,
				seafood, or any other products to be sold as organic, excluding retailers of
				food sold as organic, provided however, that retail food sales establishments
				licensed under Article 2 of this chapter that do not process or repackage
				certified organic commodities shall be exempt. The registration shall
				thereafter be renewed annually unless no longer engaged in the activities
				requiring the registration. Each registrant shall provide a complete copy of
				its registration to the Commissioner of Agriculture. Registration shall begin
				on and after January 1, 2003. Registrations shall expire on the last day of
				December of the year for which they are issued.
(2) Registration pursuant to this section
				shall be on a form provided by the Department and shall be valid for the
				calendar year from the date of validation by the Commissioner of Agriculture. A
				registration number will be assigned to a valid registrant.
(3) The information provided on the
				registration form shall include all of the following:
(A) The name and address of the
				registrant.
(B) The nature of the
				registrants business, including the categorical products produced, handled, or
				processed that are sold as organic, or certified as organic.
1.
(a) For
				processors, handlers, and distributors, quantities processed, handled, or
				distributed, and annual gross sales or revenue from processing/handling or
				distributing of organic foods or products.
(b) For processors and handlers a completed
				copy of an organic production or handling system plan that is agreed to by the
				producer or handler and an accredited certifying agent.
(c) A copy of the processor or handlers
				current organic certificate.
2.
(a) For
				producers and livestock producers quantities produced and annual gross sales or
				revenue from production of organic foods or products.
(b) For producers and livestock producers a
				completed copy of the organic production or handling system plan that is agreed
				to by the producer or handler and an accredited certifying agent.
(c) A copy of the producer or livestock
				producer's current organic certificate.
(C) For exempt producers,
1. A map showing the precise location and
				dimensions of the facility or farm where the products are produced. The map
				shall also describe the boundaries of the production area and all adjacent land
				uses, shall assign field numbers to distinct fields or management units, and
				shall describe the size of each field or management unit.
2. If the registrant has not had control of
				the property being registered for at least 36 months, then documentation from
				previous owners/ managers that show the 36 month land use history. If the
				registrant is not the owner, then documentation from the owner granting
				permission for the parcel to be registered as organic by the
				registrant.
(D) In the
				case of exempt producers, for each field or management unit list of all
				substances applied to the crop, soil, growing medium, growing area, irrigation
				or post harvest wash or rinse water, or seed, including the source of the
				substance, the brand name, if any, the rate of application, and the total
				amount applied in each calendar year.
(E) The names of all certification
				organizations or governmental entities, if any, providing certification
				pursuant to the regulations promulgated by the National Organic Program
				(Section 6517 of the federal Organic Foods Production Act of 1990
				(7 U.S.C. Sec.
				6501
et seq.
).
(F) All certification organizations shall
				provide a copy of their USDA accreditation, or a letter to the Commissioner of
				Agriculture from the USDA stating the certifier is not required to be
				accredited.
(G) All certification
				organizations shall provide a list of all Georgia clients that the agency has
				granted certification.
(H) The
				Commissioner of Agriculture shall reject a registration submission that is
				incomplete or not in compliance with the Georgia Organic Certification and
				Labeling Act, or not in compliance with regulations promulgated by the National
				Organic Program (Section 6517 of the federal Organic Foods Production Act of
				1990 (7 U.S.C. Sec.
				6501
et seq.
).
(I) A registrant shall immediately notify the
				Commissioner of Agriculture of any change in the registration form.
(J) A registration is considered legal and
				valid until revoked, suspended or until the expiration of the
				registration.
(K) The Commissioner
				of Agriculture can initiate the revocation process of a registration for
				failure to comply with the Georgia Organic Certification and Labeling Act or
				any part of the regulations adopted pursuant to the Organic Foods Production
				Act of 1990 (7 U.S.C. Sec.
				6501
et seq.
). Any person
				against whom the action is being taking shall have the opportunity to appeal
				the action and be afforded the opportunity to be heard in an administrative
				appeal.