Indiana Administrative Code › Title 375 - INDIANA STATE DEPARTMENT OF AGRICULTURE › Article 1 - INDIANA ORGANIC CERTIFICATION STANDARDS › Rule 3 - Farm Certification Standards › Section 3-1 - Organic certification

Current through July 10, 2024
Authority: 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.