PERMANENT RULES
Date of Adoption: July 20, 2001.
Purpose: The rules provide the application, inspection, sampling, fee schedule and certification criteria for obtaining organic and transitional certification.
Citation of Existing Rules Affected by this Order: Chapter 16-156 WAC, amending WAC 16-156-004, 16-156-030, 16-156-035, 16-156-050, and 16-156-060.
Statutory Authority for Adoption: Chapter 15.86 RCW.
Adopted under notice filed as WSR 01-12-100 on June 6, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 5, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 5, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
June 20, 2001
William E. Brookreson
for Jim Jesernig
Director
OTS-4564.5
ORGANIC PRODUCER AND ((TRANSITION TO ORGANIC)) TRANSITIONAL
PRODUCER CERTIFICATION
(1) "Crop" means a plant or part of a plant intended to be marketed as an agricultural product or fed to livestock.
(2) "Department" means the department of agriculture of the state of Washington.
(((2))) (3) "Director" means the director of the department
of agriculture or his or her duly authorized representative.
(((3))) (4) "Drift" is defined as the movement of prohibited
substances by air, water or soil from the intended target and
results in residues of prohibited substances on organic or
transition to organic food in excess of five percent of the EPA
tolerance level.
(((4))) (5) "Gross sales" means the sales of organic ((and
transition to organic)) food sold during the calendar year.
(((5))) (6) "Labeling" means all written, printed, or
graphic matter upon any article or any of its containers or
wrappers, or accompanying such article, or used in the
advertisement of such article.
(((6))) (7) "New applicant" means any person or organization
who or which applies for organic or ((transition to organic))
transitional certification for the first time, or when previous
certification status has expired for at least one year.
(((7))) (8) "Organic food" means any agricultural product,
including meat, dairy, and beverage, that:
(a) Is marketed using the term organic or any derivative of organic in its labeling or advertising; and
(b) That has had no applications of prohibited substances within three years prior to the harvest of the crop; and
(c) That is produced in compliance with standards defined in chapter 15.86 RCW and rules adopted thereunder.
(((8))) (9) "Pasture" means ground covered with vegetation
that is used by animals for grazing purposes.
(10) "Producer" means any person or organization who or which grows, raises or produces an agricultural product.
(((9))) (11) "Prohibited substance" means a material which
is disallowed in organic food production, handling, or
processing.
(((10))) (12) "Renewal applicant" means any person or
organization who or which has applied for organic or ((transition
to organic)) transitional certification in the previous year.
(((11))) (13) "Site" means a ((defined)) designated farm
field, orchard, block, pasture, paddock, garden, circle, plot or
other ((designed area)) contiguous area under the same management
(e.g., organic or transitional). A site may contain multiple
crops.
(((12) "Transition to organic)) (14) "Transitional food"
means any agricultural product that:
(a) Is marketed using the term ((transition to organic or))
transitional in its labeling and advertising; and
(b) Satisfies all of the requirements of organic food except that it has had no applications of prohibited substances within one year prior to the harvest of the crop.
[Statutory Authority: Chapter 15.86 RCW. 97-02-008 (Order 6011), 16-156-004, filed 12/20/96, effective 1/20/97.]
(a) Inspection of the producer by the department of agriculture showed no use of prohibited practices as defined in chapter 15.86 RCW or unless adopted thereunder; and
(b) Recordkeeping practices meet the requirements specified in WAC 16-156-040 or rules adopted under chapter 15.86 RCW; and
(c) Soil building programs, organic pest control programs, and buffer zones required under chapter 16-154 WAC were established on each site; and
(d) Completion of the organic farm plan and verification that it has been implemented; and
(e) Analysis of samples taken by the department of agriculture showed no prohibited substance usage or drift from other contaminants; and
(((e))) (f) No application of prohibited substances, as
defined in chapter 16-154 WAC, have been used for:
| At least three years prior to the harvest of organic food; or | |
| At least one year prior to the harvest of (( |
(3) For each site, a certificate will be issued when the director determines that the producer has complied with the conditions for organic or transitional food producer certification on that site.
(4) Beginning in the year 2002, prior to the issuance of an organic food producer certificate:
(a) The site must have been previously certified as organic; or
(b) The site must have been certified as second year transitional in the previous year; or
(c) The producer has documentation that verifies that the site was in pasture or not being farmed during the previous two years.
(5) Beginning in the year 2003, prior to the issuance of a second year transitional food producer certificate:
(a) The site must have been certified as first year transitional in the previous year; or
(b) The producer has documentation that verifies that the site was in pasture or not being farmed during the previous year.
(6) Producers of organic food who ((apply)) are certified
under this program will be able to use the words, "produced in
accordance with the Washington state department of agriculture
organic food certification program" in their labeling as long as
their practices comply with chapter 15.86 RCW or any rules
adopted thereunder.
Food produced under this organic food certification program
may be identified by the use of ((one of)) the attached organic
logo((s)) (WAC 16-156-060((, Illus. 1, 1A))). ((These)) This
logo((s)) shall only be used for food produced by producers who
have been certified organic by the Washington state department of
agriculture ((organic food certification program)).
(((3))) (7) Producers of ((transition to organic))
transitional food who ((apply)) are certified under this program
will be able to use the words "produced in accordance with the
Washington department of agriculture ((transition to organic))
transitional food certification program" in their labeling as
long as their practices comply with this chapter and chapter 15.86 RCW and rules adopted thereunder.
Food produced under this ((transition to organic))
transitional food certification program may be identified by use
of ((one of)) the attached transitional logo((s)) (WAC 16-156-060((, Illus. 2, 2A))). These logos shall only be used
for ((transition to organic)) transitional food produced by
producers who have been certified transitional by the Washington
state department of agriculture(('s organic food certification
program)).
(((4))) (8) In no event shall food be sold as Washington
certified organic or Washington certified ((transition to
organic)) transitional prior to the issuing of an organic or
((transition to organic)) transitional food producer certificate
by the department of agriculture for that crop year. First year
applicants and new sites shall be inspected by the department
before an organic or ((transition to organic)) transitional food
producer certificate is issued.
(((5))) (9) The logos to identify organic food and
((transition to organic)) transitional food shall not be changed
except for increases or decreases in size, as appropriate.
[Statutory Authority: Chapter 15.86 RCW. 97-02-008 (Order 6011), 16-156-030, filed 12/20/96, effective 1/20/97; 92-11-001, 16-156-030, filed 5/6/92, effective 6/6/92. Statutory Authority: Chapter 15.86 RCW. 90-02-001, 16-156-030, filed 12/21/89, effective 1/21/90; 88-07-024 (Order 1968), 16-156-030, filed 3/8/88.]
(1) Violated the standards for certification which are set forth in RCW 15.86.030 or any rules adopted under chapter 15.86 RCW;
(2) Filed an application for certification which is false or misleading in any particular;
(3) Violated any of the provisions of this chapter; ((or))
(4) Failed to provide records as required by this chapter, WAC 16-154-060 or 16-162-100; or
(5) Failed to allow inspection to take place.
The director may issue an order revoking that producer's certification under this program or he may issue an order directing the producer to take other appropriate action to correct the violation. If appropriate action is taken, the producer will be returned to its previous status under the program.
Any producer who has received notice that its certification may be revoked under this section may apply for a hearing under the Washington Administrative Procedure Act, chapter 34.05 RCW.
[Statutory Authority: Chapter 15.86 RCW. 97-02-008 (Order 6011), 16-156-035, filed 12/20/96, effective 1/20/97; 92-11-001, 16-156-035, filed 5/6/92, effective 6/6/92. Statutory Authority: Chapter 15.86 RCW. 91-09-028, 16-156-035, filed 4/11/91, effective 5/12/91; 90-02-001, 16-156-035, filed 12/21/89, effective 1/21/90.]
Applications made after the set deadline may be processed as the department can schedule the initial inspections. Except for producers who sell no more than five thousand dollars annually in value of agricultural products directly to consumers, all producers of organic or transition to organic food must be certified by the department.)) (1) All producers of organic food products must be certified by the department or through a recognized organic certification agency, except for producers that sell less than five thousand dollars annually in value of agricultural products directly to consumers.
(2) Applications to the department for organic food certification must be made on an annual basis at least sixty days prior to the harvest of organic food products. The application, accompanied by the appropriate fee, must be submitted to the department on forms furnished by the department.
(3) Organic food producer and transitional food producer certificates shall expire on March 31st of the year following their issuance.
[Statutory Authority: Chapter 15.86 RCW. 97-02-008 (Order 6011), 16-156-050, filed 12/20/96, effective 1/20/97; 92-11-001, 16-156-050, filed 5/6/92, effective 6/6/92. Statutory Authority: Chapter 15.86 RCW. 90-02-001, 16-156-050, filed 12/21/89, effective 1/21/90; 88-07-024 (Order 1968), 16-156-050, filed 3/8/88.]
((For)) Renewal applicants -
Application fees shall be based on the previous calendar
year's gross sales of organic ((and transition to organic)) food.
In the event that the current calendar year's gross sales exceed
the previous year's gross sales, the department may bill the
producer for the additional fee. In the event that the current
calendar year's gross sales is less than the previous year's
gross sales, the producer may request a refund for the reduced
fee. In addition, renewal applications postmarked after March 1,
shall pay a late fee of fifty dollars. Renewal applicants that
are adding additional sites to their organic certification must
pay a new site fee of fifty dollars for each additional site.
((For)) New applicants -
Application fees shall be based on an estimate of the
current year's gross sales of organic ((and transition to
organic)) food. In the event that the current calendar year's
gross sales exceed the estimate, the department may bill the
producer for the additional fee. In the event that the current
calendar year's gross sales is less than the estimate, the
producer may request a refund for the reduced fee. In addition,
new applicants pay a seventy-five dollar new applicant fee. New
applicants that are seeking organic certification for more than
one site must pay a site fee of fifty dollars for each additional
site. The fee shall accompany the application.
| Gross Sales | Annual Fee |
|||||
| $ | 0 | - | $ | 12,000 | $ | 165 |
| $ | 12,001 | - | $ | 15,000 | $ | 200 |
| $ | 15,001 | - | $ | 20,000 | $ | 220 |
| $ | 20,001 | - | $ | 25,000 | $ | 275 |
| $ | 25,001 | - | $ | 30,000 | $ | 330 |
| $ | 30,001 | - | $ | 35,000 | $ | 385 |
| $ | 35,001 | - | $ | 42,500 | $ | 465 |
| $ | 42,501 | - | $ | 50,000 | $ | 550 |
| $ | 50,001 | - | $ | 65,000 | $ | 660 |
| $ | 65,001 | - | $ | 80,000 | $ | 825 |
| $ | 80,001 | - | $ | 100,000 | $ | 990 |
| $ | 100,001 | - | $ | 125,000 | $ | 1,100 |
| $ | 125,001 | - | $ | 150,000 | $ | 1,150 |
| $ | 150,001 | - | $ | 175,000 | $ | 1,320 |
| $ | 175,001 | - | $ | 200,000 | $ | 1,375 |
| $ | 200,001 | - | $ | 240,000 | $ | 1,540 |
| $ | 240,001 | - | $ | 280,000 | $ | 1,595 |
| $ | 280,001 | - | $ | 325,000 | $ | 1,650 |
| $ | 325,001 | - | $ | 375,000 | $ | 1,720 |
| $ | 375,001 | - | $ | 425,000 | $ | 2,200 |
| $ | 425,001 | - | $ | 500,000 | $ | 2,300 |
| $ | 500,001 | - | $ | 750,000 | $ | 2,750 |
| $ | 750,001 | and up | $ | 2,000 | ||
| plus one-tenth of one percent (0.10%) of gross organic sales |
||||||
(3) Two inspections per year within the state of Washington are provided for under the above fee schedule. Additional inspections (in addition to two inspections provided for), if required for certification or maintenance of certification by the director, or requested by the producer, shall be at $30/hr. plus mileage set at the rate established by the state office of financial management.
Out-of-state inspections, if necessary or requested, shall be at the rate of $30/hr. plus transportation costs.
(((3))) (4) One sample per year is provided for under the
above fee schedule. Additional samples (in addition to one
sample provided for), if required for certification or
maintenance of certification by the director, or requested by the
organic producer, shall cost an additional lab fee of one hundred
ten dollars. If an additional visit must be arranged to obtain a
sample, it shall be at $30/hr. plus mileage set at the rate
established by the state office of financial management.
| (( |
| Place illustration here. |
| (( |
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[Statutory Authority: Chapter 15.86 RCW. 97-24-006, 16-156-060, filed 11/21/97, effective 12/22/97; 97-02-008 (Order 6011), 16-156-060, filed 12/20/96, effective 1/20/97; 91-09-028, 16-156-060, filed 4/11/91, effective 5/12/91; 90-02-001, 16-156-060, filed 12/21/89, effective 1/21/90; 88-07-024 (Order 1968), 16-156-060, filed 3/8/88.]
(2) Applications for export and transaction certificates must be submitted on forms furnished by the department. The applicant must furnish all information requested on the application. A separate application must be made for each export and transaction certificate.
(3) The fee for export and transaction certificates shall be thirty dollars per application.
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