ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 18. Organic Standards and Certification 4 TAC sec.sec.18.1-18.8, 18.15, 18.17-18.24, 18.26, 18.27, 18. 29-18.39 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.18.1-18.8, 18.15, 18.17-18.24, 18.26, 18.27, and 18.29-18.39, concerning a program for certification of organic food and fiber, without changes to the proposed text as published in the February 1, 1994, issue of Texas Register (19 TexReg 686). The department is submitting separately proposed new sections in order to substitute those for these sections. The repeal is adopted in order to allow the department to make the regulations consistent with House Bill 2446 passed 73rd Legislature (now codified at Texas Agriculture Code (the Code), Chapter 18), and the organic Foods Production Act of 1990, 7 USC, sec.6501, et seq. No comments were received regarding the adoption of the repeals. The repeals are adopted under the Agriculture Code, sec.12.002, which provides the department with the authority to encourage the proper development of agriculture, horticulture, and related industries; sec.12.016, which authorizes the department to adopt rules as necessary for the administration of sec.sec.12.001-12.015; sec.12.0175, as amended by House Bill 2446, 73rd Legislature (1993), which provides the department with the authority to charge an annual fee for administration of a certification program and an annual fee for a person who obtains a certificate of accreditation as an organic certifying agent; Chapter 18, which provides the department with the authority to establish an organic certification program; and the Organic Foods Production Act of 1990, 7 USC, sec.6501, et seq., which provides the authority to the commissioner of agriculture to implement a State organic certification program for producers and handlers of agricultural products which have been produced using organic methods. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 16, 1994. TRD-9440976 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: June 7, 1994 Proposal publication date: February 1, 1994 For further information, please call: (512) 463-7583 4 TAC sec.sec.18.1-18.17 The Texas Department of Agriculture (the department) adopts new sec.sec.18. 1- 18.17, concerning a program for certification of organic food and fiber, with changes to the proposed text as published in the February 1, 1994, issue of the Texas Register (19 TexReg 687) and Correction of Error published in the February 18, 1994, issue of the Texas Register (19 TexReg 1253). Sections 18.2, 18.9, 18.11, and 18.14 are adopted without changes and will not be republished. Sections 18.1, 18.3-18.8, 18.10, 18.12, 18.13, 18.15-18.17 are adopted with changes. The new sections are intended to make the regulations consistent with House Bill 2446 passed by the 73rd Legislature (now codified at Texas Agriculture Code, Chapter 18), and the Organic Foods Production Act of 1990, 7 U.S.C., sec.6501, et seq. Section 18.1 has been modified to clarify definitions of the terms "allelochemic" and "person." The term "allelochemic" has been renamed as "allelopathic." Section 18.4(c) has been changed in response to comments received from an organic certifying agent and an organic processor to extend the time from 15 days to 30 days for submission of certification documents by an accredited certifying agent. Comments from two individuals and an organic certifying agent regarded reduction of fees. To help expand the organic industry in the state, the department has changed sec.18.5 to reflect lowering of fees for producers, processors, distributors, wholesalers, brokers, packers, repackers, shippers, retailers, and organic certifying agents. Section 18.6(f) (1)-(3) and (5) has been changed in response to comments received from an organic certifying agent and an organic processor. Comments generally stated that a broader system of labeling is needed until the federal labeling rules are fully implemented. The term "shall" has been replaced with the term "may." The term "raw" has been removed to indicate that some ingredients may be pre- processed. The requirement for listing the percentage of each organic ingredient has been changed to allow for listing of the total percentage of organic ingredients. A new sec.18.6(f)(6) has been added to comply with the federal law, which requires identification of the certifying agent on the packaging of processed products. Section 18.8(a)(3) was removed since its content was covered in sec.18.8(a)(4). Section 18.12(d) has been changed to clarify that the department will only categorize materials as allowed, allowed with restrictions, or prohibited, and in which case it will not approve them. In response to a comment from an organic certifying agent, the department adds new sec.18.13(b)(6)(G) to allow for additional buffer zones at the certifying agent's discretion. Section 18.13(f)(2)(E)(i) and (ii); sec.18.13(f) (2)(F)(i)- (vi); and sec.18.13(g) have been redesignated to correct an error in sections on growth regulators and propagation materials. The term "fungicide" was removed from sec.18.13(f)(F)(ii) and (iv) to allow for additional treatments. The department adds new sec.18.13(g)(3)(A) and (B) to allow for the use of seed treatments required under local, state, or federal quarantines. Section 18.16(e)(1)(A) was removed since its content was covered in sec.18.16(f) (1). The department, in response to a certified organic sprout producer, has added new sec.18.16(f)(4)(A) to allow a 180-day extension for conversion to certified organic seed. Comments generally supporting the adoption of new Chapter 18 were submitted by all individuals testifying, the Natural Food Associates, the Texas Organic Cotton Growers Association, and the Texas Organic Cotton Marketing Cooperative. Sections 18.3(a)-(d), 18.5(b)(1), 18.6(b)(3), 18.7(b)(3), 18.8(a)(3), 18.10(a) (1), 18.13(b)(3) and (6), 18.13(g)(2)(B), 18.13(g)(7), 18.15(e)(1)(I), 18.16(e) (1)(A)-(D), 18.16(f)(2) and (3), and 18.17(d)(1)(A)(i)-(iv) were modified for clarity. In addition to those noted above, comments were also received with which the department does not agree, and therefore did not incorporate into the adopted regulations. A comment was received regarding sec.18.2(c)(2)(B) stating concern for additional on-site inspections prior to harvest of annual crops for processed products, and the possible increased inspection costs. The department requires no additional fees, although an accredited certifying agent may assess additional charges under his prescribed fee schedule. Nevertheless, additional on-site inspections are necessary to verify compliance with sec.18.10(a)(1)-(3). A comment was received concerning sec.18.4 that certifying agents should only register with the state and should not have to be accredited. The Organic Foods Production Act of 1990, 7 U.S.C., sec.6501, et seq. gives the state the authority to exceed the federal standards. The department's standards already exceed the federal standards in some areas, and therefore any person who does not meet the state standards cannot be certified either by the department or by an accredited certifying agent. Any certifications by a certifying agent within the state must be equivalent to department certification standards, policies and procedures. This requires an accreditation process, including submission of all certification documents to the department to evaluate compliance and equivalency. The federal law and state law also give the department the authority to suspend a certifying agent's accreditation if not properly adhering to the provisions of this chapter. The department provides an appeals process for the certifying agent. In addition, the state includes a reasonable annual fee to recover costs for accreditation and determination of compliance and equivalency. An organic producer narrated previous out-of-state experiences and participation with private certifiers, and testified that no certifying agent, other than the department, should certify within the state. A comment was also received concerning sec.18.8, regarding the department's regulatory authority. The commenter suggested that there should be more specific procedures for determination of violations under the rules, and questioned the department's ability to evenly apply enforcement authority. The department sets forth specific violations which could result in either a criminal penalty, civil penalty, or stop-sale. These violations and the resulting penalties are established and reviewed by administrators in both the regulatory and legal divisions of the department. There are standard policies and procedures for all regulatory programs under the authority of the department. An appeals process is also clearly defined. Comments from the Texas Organic Cotton Growers Association and the Texas Organic Cotton Marketing Cooperative expressed concerns that organic cotton producers are not adequately protected from application of prohibited materials under the Boll Weevil Eradication Program. Section 18.10(b) in conjunction with rules specified for organic cotton producers in the Boll Weevil Eradication Program adequately address these concerns. The new sections are adopted under the Texas Agriculture Code (the Code), sec.12.002, which provides the department with the authority to encourage the proper development of agriculture, horticulture, and related industries; sec.12. 016, which authorizes the department to adopt rules as necessary for the administration of the Code, sec.sec.12.001-12.015; sec.12.0175, as amended by House Bill 2446, 73rd Legislature (1993) which provides the department with the authority to charge an annual fee for administration of a certification program not to exceed $2,500 for each applicant to be certified as a producer, distributor, or retailer, an annual fee not to exceed $5,000 for each applicant to be certified as a processor of organic food or fiber produced inside this state, an annual fee not to exceed $2,500 for each applicant to be certified as a distributor or retailer, an annual fee not to exceed $5,000 for each applicant to be certified as a processor of organic food or fiber produced outside of this state, and an annual fee not to exceed $2,500 for each person applying for a certificate of accreditation as an organic certifying agent; the Texas Agriculture Code, Chapter 18, which provides the department with the authority to establish an organic certification program; and the Organic Foods Production Act of 1990, 7 U.S.C., sec.6501, et seq. which provides the authority to the commissioner of agriculture to implement a State organic certification program for producers and handlers of agricultural products which have been produced using organic methods. sec.18.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. ASCS-United States Department of Agriculture, Agriculture Stabilization and Conservation Service. Agricultural product -Any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed in the United States for human consumption or livestock consumption. Allelopathic-The ability of a plant species to produce substances that are toxic to certain other plants. Annual crop-A crop which reaches maturity during a specific seasonal growing period and is harvested at maturity. Biological control -The use of parasites, predators, or pathogens to suppress pest populations. Botanical pesticides -Natural pesticides derived from plants. Certified organic farm-A farm, or portion of farm, or site where agricultural products or livestock are produced, that is certified by the Texas Department of Agriculture (the department) or an organic certifying agent, as utilizing a system of organic farming as described by these rules. Code-The Texas Agricultural Code. Commingled-Inseparably mixed or interspersed with other food or fiber and not distinguishable from it. Contaminated-As applied to organic food or fiber, unfit for use because of the presence of illegal quantities of toxic, synthetic, or other prohibited substances; as applied to irrigation water or soil, unfit for use because of presence in the resulting crop of illegal quantities of toxic, synthetic, or other prohibited substances. Cover crop-A crop planted primarily to prevent soil erosion, recover nutrients from the subsoil, increase water infiltration, and increase the levels of nitrogen and organic matter in the soil. Department or TDA-The Texas Department of Agriculture. Distributor-A person who is engaged in the business of selling food or fiber for resale, including, but not limited to, a wholesaler, broker, packer, repacker, shipper, or agent. Farm-All agricultural land that is leased, owned, or otherwise held by and under the management of a certified producer or applicant for certification. Farm plan-All documents relevant to the previous three years', current, and future management of an organic farm, including but not limited to written plans to rotate crops, build humus, and stabilize soil nutrients. Field-A clearly demarcated, contiguous tract of agricultural land leased, owned, or otherwise held by and under the management of a certified producer or applicant for certification. Green manure crop-A cover crop or other crop planted primarily to be plowed under to increase soil tilth and fertility. Guano-Partially decomposed excrements of birds, bats, seals, or other animals. Handle-To sell, process or package agricultural products. Hazard Analysis Critical Control Point or HACCP-A system designed to eliminate the potential of contamination and commingling of food and fiber products during handling and processing. Illegal quantities -Amounts that are not lawful under federal or state statutes or regulations. Ingredient information panel-An ingredient statement which shall appear on the primary display panel or on the information panel and shall list the ingredients in descending order of predominance. The ingredient statement shall be in letters and numbers at least 1/16-inch in height and shall be located before or after the name and address of the manufacturer, packer or distributor. Julian date-A calendar date expressed by a decimal number, three consecutive digits of which indicate the day of the year in a series from 001 (January 1) to 365 (December 31 of a nonleap year) or 366 (December 31 of a leap year). Livestock-Cattle, sheep, goats, swine, poultry, or equine animals used for food or fiber, fish used for food, wild or domesticated game, or other nonplant life. Logo-The copyrighted "Texas Department of Agriculture Certified Organically Produced" and "Texas Department of Agriculture Transitional-Organic Certification Pending" logotypes. Low ecological profile-As applied to a soil-, crop-, or pest-management practice, a practice that has a low degree of or no adverse effects on human health or the environment. Manuring-The application to soil of the excreta of agricultural animals, including stable litter and paunch wastes, to increase tilth and fertility. Material use report-A report of records required by the department or an organic certifying agent regarding the use of materials listed as allowed or allowed with restrictions, which have been used for production, processing, or handling of certified food or fiber. National list-A list of substances categorized as allowed or prohibited for organic crop production inputs, processing ingredients and aids, and handling materials as provided under the Organic Foods Production Act of 1990. Organic certifying agent-A private organic certification organization, or a person accredited under this chapter. Organic farming -A system of ecological soil management that relies on building humus levels through crop rotations, recycling organic wastes, and applying balanced mineral amendments and that uses, when necessary, mechanical, botanical, or biological controls with minimum adverse effects on health and the environment. Organic fiber-Fiber that is produced under a system of organic farming and that is processed, packaged, transported and stored so as to maintain segregation and prevention of contamination from other fiber and from synthetic pesticides, prohibited defoliants and/or desiccants. Organic food-Food for human or livestock consumption that is produced under a system of organic farming and that is processed, packaged, transported and stored so as to retain maximum nutritional value without the use of artificial preservatives, coloring or other additives, ionizing radiation, or prohibited materials. Organic Foods Production Act of 1990 or OFPA-The national organic standards, 7 U.S.C., sec.6501, et seq., under the authority of the United States Department of Agriculture. Organically produced -An agricultural product that is produced, handled or processed in accordance with these rules. Participant-A producer, processor, retail store or distributor location certified to use the "Texas Department of Agriculture Certified Organically Produced" logo and/or the "Texas Department of Agriculture Transitional-Organic Certification Pending" logo. Person-Any individual, partnership, corporation, association, governmental subdivision, or public or private organization. Pesticide-A substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. Pheromone-A substance that is secreted by an organism to the outside and that causes a specific reaction in a receiving organism of the same species. Principal display panel-A part of the label most likely to be seen by the consumer at retail sale. It is this part of the package which shall bear the declaration of net quantity of contents and statement of identity. Processing-Cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, and includes the packaging, canning, jarring, or otherwise enclosing of food in a container. Processor-A person who is engaged in the business of manufacturing raw agricultural commodities into food or fiber products. Producer-A person who is engaged in the business of growing or producing food or fiber. Propagation materials -Plant materials including seeds, transplants, cuttings, layerings, bulbs, tubers, slips, crowns, offsets, grafts, buddings, and root stocks or other plant materials used to cultivate plants. Raw manure-Agricultural animals' excrement, both solid and liquid, that has not been aged, aerated, composted, fermented, aerobically digested, or otherwise humified or processed in such a way as to improve its value as a biological activator. Retailer-A person, other than the operator of a restaurant, who is engaged in the business of selling certified food or fiber at retail to its ultimate consumer. SCS-United States Department of Agriculture Soil Conservation Services. Semiochemical-A pheromone, allelochemic, or other naturally occurring substance involved in the chemical interaction between organisms. Synthetic-A substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes. Texas Department of Agriculture (TDA) Material List-A list of substances categorized as allowed, allowed with restrictions, or prohibited for organic crop production inputs, processing ingredients, and aids, and handling materials as provided under these rules or the OFPA. Toxin-A chemical, drug, radiological agent, or biological agent that is present in an amount sufficient to cause significant adverse effects in humans, crops, livestock, other beneficial organisms or the environment. Transitional period -A period of 36 months from the last date of application of a prohibited material during which a farm or field unit may be certified as Transitional-Organic Certification Pending. Upon completion of the required transitional period a farm or field unit may then be certified as Organically Produced. sec.18.3. Certification Review and Standards Advisory Committee. (a) The department shall appoint a Certification Review and Standards Advisory Committee (the committee) which shall, at the department's request, review applications for certification and accreditation under this chapter. It shall advise the department on revisions to this chapter and administration of the Organic Standards and Certification Program. (b) The appointment of each member may be for a period of up to two years and a member may receive additional appointments to the committee. (c) The department, with the advice of the committee, shall conduct an annual review of implementation of this chapter and propose amendments as necessary. (d) The committee shall be made up of 12 members, of which four are organic producers, one is a processor of organic food or fiber, one is a retailer of organic food or fiber, one is a distributor of organic food or fiber, two are technical advisors, agronomists, or horticulturists; and three are representatives of consumers. (e) Members of the committee should be familiar with both organic production methods and the department's organic certification standards. sec.18.4. Accreditation of Organic Certifying Agents. (a) Organic certifying agents shall be accredited by the department by submitting an application (certifying policies and procedures), and a nonrefundable annual fee prescribed by the department. (b) The department may issue a certificate of accreditation under this chapter only if it determines that the applicant's: (1) certification standards are equivalent to department certification standards; and (2) policies and procedures are in compliance with the provisions of the Code, Chapter 18, this chapter, and orders of the department. (c) An organic certifying agent accredited under this chapter shall provide a copy of all certification documents to the department within 30 days of certification of each certified producer, processor, distributor, and retailer. sec.18.5. Fees. (a) An application fee, as detailed in subsection (b) of this section, shall be paid in conjunction with submission of a new application or an application for renewing certification. (b) The department may require additional fees or refund fees submitted by producers, processors, distributors, and retailers for overpayment or underpayment of prescribed annual fees. Additional fees may be charged for additions of fields or categories to be certified after initial application fees are submitted. (1) Producers. Fees for certification or renewal of certification are based on acreage to be certified. Acreage shall include actual production acres, cover crop and rotation acres, and all required buffer zone areas. The fee will be charged under the following schedule: (A) less than one acre will be charged $40; (B) one to less than five acres will be charged $65; (C) five to less than 25 acres will be charged $90; (D) 25 to less than 50 acres will be charged $115; (E) 50 to 100 acres will be charged $140; (F) each additional increment or portion of 100 acres will be charged $15, to a maximum of $2,500; (G) greenhouse fees will be based on the total square footage of greenhouse unit(s), in addition to any fees required for additional production acreage, buffer zone areas, or other areas required for certification. The fee will be charged under the following schedule: (i) less than 1,000 square feet will be charged $20; (ii) 1,000 to less than 3,000 square feet will be charged $40; (iii) each additional increment or portion of 3,000 square feet will be charged $20, to a maximum of $2,500; (H) certified producers who process their own certified raw ingredients into processed products will be charged $25 and submit an application for processor certification; (I) certified producers who process other certified raw ingredients other than their own into processed products will be charged $25 and submit an application for processor certification; and (J) certified producers who handle certified products other than their own will be charged $25 and submit an application for distributor certification. (2) Processors, distributors, wholesalers, brokers, packers, repackers, shippers or agents. Fees for application or renewal of a certification will be based under the following guidelines. (A) Each processing facility will be charged $150 for the first category of certified product and $70 for each additional category of certified product. (B) Each distributor or handling location will be charged $100 for the first category of certified product and $45 for each additional category of certified product. (C) Fees will be based on the following categories: (i) bakery goods; (ii) bulk grains, beans, and seeds; (iii) cereals; (iv) canned fruits and vegetables; (v) canned soups, chili, and broths; (vi) chips, crackers, cookies, and granola products; (vii) coffee and teas; (viii) dairy products; (ix) frozen foods; (x) grains, flours, and mixes (packaged); (xi) herbs, herb products, spices, salt, and flavorings; (xii) juices and beverages; (xiii) meat and meat products; (xiv) nut butters, jams, jellies, honey, syrup, and molasses; (xv) oils; (xvi) snacks and candy; (xvii) sprouts from seeds and beans; (xviii) sweeteners and sugar; (xix) food for livestock, including feed, forage or hay, and feed supplements or fillers; (xx) cotton, cotton by-products and cotton textile products; (xxi) vegetables; (xxii) fruits and nuts; and (xxiii) each additional category. (3) Retailers. Fees for application or renewal for certification will be charged $25. (4) Organic certifying agents. Fees for application or renewal of accreditation will be $450 to certify producers, $450 to certify processors, and $200 to certify distributors and retailers in the state. (c) A person who fails to submit a renewal fee on or before the expiration date of the certification shall pay, in addition to the renewal fee, the late fee provided by the Code, sec.12.024. sec.18.6. Logos, Use of Logos, Approval of Printers, Drugs and Medicinal Claims and Labeling of Nonprocessed and Processed Food or Fiber. (a) Logos. The department shall have two registered logos as certification marks. (1) Texas Department of Agriculture Certified Organically Produced logo. One logo shall include the phrase "Texas Department of Agriculture Certified Organically Produced" and shall take the following form: [graphic] (2) Transitional Logo. A second logo shall include the phrase "Texas Department of Agriculture Transitional-Organic Certification Pending" and shall take the following form: [graphic] (b) Use of logos. (1) Use of Certified Organically Produced logo. The Texas Department of Agriculture Certified Organically Produced logo and the phrase "Texas Department of Agriculture Certified Organically Produced" shall be applied or used to refer only to food or fiber produced on land that the department has certified under this chapter. (2) Use of transitional logo. The Texas Department of Agriculture Transitional-Organic Certification Pending logo shall be applied or used to refer to food or fiber produced on land that the department classifies as in transition to organic certification under this chapter. (3) Other use of logos. A person who is certified under this chapter may use department logos as provided by this chapter. (A) No person shall use, employ, adopt or utilize the Texas Department of Agriculture Certified Organically Produced or Transitional-Organic Certification Pending logo in the selling, advertising, marketing, packaging or other handling of food or fiber products unless prior application has been made to the department for permission to make such use, employment, adoption, or utilization and approval has been granted. (B) No person shall utilize an organic or transitional certificate issued to a producer, processor, distributor, or retailer as a certification logo in the labeling, packaging, advertising or marketing promotion of food or fiber products. (C) A person certified under this chapter may use the Texas Department of Agriculture Certified Organically Produced or Transitional-Organic Certification Pending logo, whichever is applicable, on containers, labels, tags, signs, stickers, decals, or other packaging, promotional or information materials, subject to the conditions specified under this chapter. (D) A certified retailer or distributor may purchase such materials (except pressure-sensitive labels) only from an approved printer. (E) A certified producer, processor, or packer may purchase pressure-sensitive labels or packaging materials bearing a department logo only from an approved printer. (F) No hand-drawn department logo shall be used. (4) Out-of-state use. Persons who process, distribute or retail Texas Department of Agriculture certified food or fiber outside the state of Texas, shall not label such certified food or fiber with the Texas Department of Agriculture "Certified Organically Produced" or "Transitional-Organic Certification Pending" logos without authorization by the department. Such authorization may be requested by submitting a form as prescribed by the department. (c) Approval of printers. The department shall approve printers to manufacture signs, price cards, shelf talkers, pressure-sensitive labels, and other labeling or packaging materials bearing a department logo and shall maintain a list of approved printers. (1) The department shall furnish approved printers with a list of certified producers, processors, distributors and retailers. (2) Approved printers may sell materials bearing a department logo only to persons on this list. (3) An approved printer shall maintain records of purchasers, quantities, types of materials, and dates of sale of all materials bearing a department logo and make these records available to the department upon request. (d) Drugs and medicinal claims. The department, or an organic certifying agent, shall not certify drugs or drug ingredients under these rules. (1) No person shall use a Texas Department of Agriculture Certified Organically Produced or Transitional-Organic Certification Pending logo in connection with, nor represent as certified by the department or an organic certifying agent, any product or any ingredient of a product that is regulated as a drug or that has been determined by a state or federal agency of competent jurisdiction to be subject to regulation as a drug. (2) No person shall use a department logo or represent any product or ingredient as certified by the department or an organic certifying agent, in an advertisement (including, but not limited to, a printed or broadcast advertisement, advertorial, flier, point-of-purchase material, signage, or other printed material) that makes medicinal claims. (e) Labeling of nonprocessed food or fiber. Certified food or fiber may be labeled using: (1) the applicable logo applied to food or fiber certified in-state by a producer, processor, or packer certified under this chapter, or the logo of an organic certifying agent(if approved or made available by the organic certifying agent); (2) a price card displaying a printed department logo or logo of an organic certifying agent; or (3) both the applicable logo set forth in paragraph (1) of this subsection and the price card set forth in paragraph (2) of this subsection. (f) Labeling of processed food or fiber. (1) Processed food or fiber products which contain department-certified organically produced ingredients, are processed under this chapter, and contain no prohibited ingredients, may include the term "Organic" and the Texas Department of Agriculture "Certified Organically Produced" logo on the principal display panel. (2) Processed food or fiber products which contain department-certified organically produced ingredients, but include additional ingredients, additives, or processing aids, may state "the 'certified ingredient' in this product is organically produced and processed to Texas Organic Standards & Cert. Reg., 4 TAC, Ch. 18," and may include the "Certified Organically Produced" logo in an area on the packaging other than the primary display panel. The organic ingredient(s) and their total percentage shall be listed in the information panel and be identified as "organic." (3) Processed food or fiber products produced under this chapter as transitional, but include additional ingredients, additives, or processing aids, may state "the 'certified ingredient' in this product is produced and processed to Texas Organic Standards & Cert. Reg., 4 TAC, Ch. 18, and is Transitional- Organic Certification Pending," and may include the "Transitional-Organic Certification Pending" logo in an area on the packaging other than the primary display panel. The organic ingredient(s) and their total percentage shall be listed in the information panel and be identified as "transitional." (4) Processed food or fiber products that meet the requirements for a certified organic product or containing certified organically produced ingredients, which are certified by a single organic certifying agent, and are processed under this chapter, may use the logo (if approved or made available by the organic certifying agent) and/or the name of the applicable organic certifying agent and the statement "processed to Texas Organic Standards & Cert., 4 TAC, Ch. 18." on the primary display or information panel as allowed under this chapter and the OFPA. (5) Processed food or fiber products that meet the requirements for a certified organic product or containing certified organically produced ingredients, which are certified by multiple organic certifying agents, and are processed under this chapter, may use the term "Third-Party Certified" and the statement "processed to Texas Organic Standards & Cert., 4 TAC, Ch. 18." on the primary display or information panel as allowed under this chapter and the OFPA. (6) The identity of the certifying agent, including the name and address must be listed immediately adjacent to the information identifying the manufacturer on the packaging or the label. sec.18.7. Recordkeeping and Auditing by the Department. (a) Recordkeeping. (1) The department shall create and maintain files including all communications and decisions relating to certification for a period of not less than ten years. (2) The files shall include copies of notices sent to participants, minutes of meetings, correspondence, and administrative memoranda. (b) Auditing. (1) The department may conduct or provide for audits of all documents that it uses to verify that certified products meet organic standards certified under this chapter or by an organic certifying agent. (2) These audits shall include, where appropriate: (A) a company inventory audit, listing percent accuracy in labeling, the amount bought and sold per product, the producer or destination, and the number of vendors and amount of product per vendor; or (B) a farm audit, listing the amounts sold per product, date and destination, the area and location planted of each product, with dates of harvest. (3) Information contained in audit records is subject to disclosure under the Texas Open Records Act unless excepted from disclosure. sec.18.8. Department Regulatory Authority. (a) Denial, suspension, or revocation of organic certification or organic certifying agent accreditation. (1) The department may deny, suspend, or revoke a certification of a producer, processor, distributor, or retailer or a certificate of accreditation issued to an organic certifying agent under this chapter if the person: (A) submits an application or verification documents that contain insufficient information upon which to make a determination; (B) provides verification documents that demonstrate noncompliance with any provision of this chapter; (C) makes a false representation material to a matter governed by this chapter; (D) violates or refuses to comply with the provisions of the Code, Chapter 18, this chapter, or an order of the department; or (E) has previously had a certification or accreditation revoked under this chapter. (2) Proceedings for the revocation, denial, or suspension of certification shall be conducted in the manner provided for contested cases by the Texas Administrative Procedure Act, the Government Code, Chapter 2001, and Chapter 1 of this title (relating to General Procedures). (3) Revocation, denial, or suspension of a certification by an organic certifying agent shall be subject to review by the department under the procedures provided for contested cases by the Texas Administrative Procedure Act, the Government Code, Chapter 2001, and Chapter 1 of this title (relating to General Procedures). (b) Stop-sale order. (1) If food or fiber is being sold in violation of this chapter or a rule adopted under this chapter, the department may issue a written order to stop the sale of that item of food or fiber by a person in control of the item. The person named in the order may not sell the item until: (A) permitted by a court under paragraph (2) of this subsection; or (B) the department determines that the sale of the item is in compliance with this chapter and rules adopted under the Code, Chapter 18. (2) The person named in the order may bring suit in a court in the county where the item is located. After a hearing, the court may permit the item to be sold if the court finds the item is not being sold in violation of this chapter or a department rule adopted under the Code, Chapter 18. (3) This section does not limit the department's right to act under another section of this chapter. sec.18.10 Pesticide Drift and Emergency Spray or Pest Management Programs. (a) Pesticide drift policy. (1) In cases where organic crops are exposed to pesticide drift, either the certified producer or the organic certifying agent shall notify the department. (2) If the pesticide residue level exceeds the residue level allowed under the OFPA, the crop shall not be sold as "Organically Produced" or "Transitional- Organic Certification Pending." (3) Subsequent crops grown in a field exposed to pesticide drift may be sold as "Organically Produced" or "Transitional-Organic Certification Pending" subject to additional pesticide residue testing and approval by the department. (b) Emergency spray or pest management programs. (1) Producers shall comply with emergency spray or pest management programs and adhere to a pest management plan designated or authorized by the department. (2) The department shall provide the applicable officers and agents of federal, state, or local emergency spray programs or pest management programs with information on the location of certified organic and transitional farms or field units in each emergency spray or pest management zone. (3) Producers of certified organic or transitional cotton shall adhere to stalk destruction, planting dates, rules and guidelines set forth by the Texas Boll Weevil Eradication Foundation and other regulatory measures authorized by the department. sec.18.12. Materials and Materials List. (a) For the purpose of this chapter, materials for crop production, processing, and handling are classified as follows: (1) Allowed. Materials allowed for production, processing or handling. Permission for use of these materials applies statewide. (2) Allowed with Restrictions. These materials may be used upon a demonstrated need, if a farm plan, use report, or other written plan is submitted by a certified person or an applicant for certification shows that these restricted materials will be discontinued over time, or if no alternative materials are available. Materials may vary according to regional production practices, specific processing, or handling needs. (3) Prohibited. These materials shall not be used for production, processing or handling. This applies statewide. (b) The department shall publish in the Texas Register, a listing of materials categorized as allowed, allowed with restrictions, and prohibited. This list shall be known as the Texas Department Of Agriculture Organic Certification And Standards Materials List (TDA Materials List). (c) Unless properly registered, pesticides requiring registration with the responsible state and federal agencies including the Environmental Protection Agency (EPA) and the department shall not be used. (d) Manufacturers of materials other than those listed by name in the TDA Materials List or the National List, for production, processing, or handling of certified food or fiber shall submit information on the ingredients, manufacturing processes, and other supporting documents, as required by the department for categorization as allowed, allowed with restrictions, or prohibited. Materials determined by the department as prohibited shall not be used for production, processing, or handling. sec.18.13. Producers. (a) Verification Documents. Verification documents consist of application forms, past three-year production and material input history, including ASCS and SCS records, farm plans, inspection reports, laboratory analyses, production practices, harvest and handling plans, showing the path taken by an organic food or fiber products through production, post-harvest handling, and distribution. (b) Farm and field certification. (1) The department may certify land as organically produced only if harvest occurs at least three years after the most recent use of a prohibited material. (2) Except as prohibited elsewhere in this chapter, producers of food and fiber who have satisfied all requirements for certification, except passage of the required transitional period, may be issued a transitional certification. (3) Agricultural products from a field certified as transitional shall not be sold under a transitional logo for the first 12 months following the date of the last application of a prohibited material. (4) If any part of a certified farm or field unit is taken out of organic management, it may be recertified after passage of three years without the application of a prohibited material. (5) A new applicant for certification shall document a three-year history of the land to be certified including: (A) a three-year history of all crops or agricultural products produced; (B) a three-year history of all material inputs including pesticides and fertilizers; and (C) any additional supporting documentation as required by the department. (6) An applicant for initial certification or renewal of certification shall submit to the department or to an accredited organic certifying agent, in prescribed forms, a detailed farm plan including: (A) a three-year rotation and cover cropping plan to stabilize nutrients in the soil for each field to be certified; (B) a one-year, field-by-field crop production plan, soil and plant fertility plan, and pest management plan; (C) a 25-foot buffer zone for each field parameter separating land managed organically from other cultivated agricultural land; (D) a 50-foot buffer zone for each field parameter separating land managed organically from other land to which a prohibited material is applied; (E) a description of facilities and methods that will be used to keep farm equipment from contaminating organically managed fields or crops; (F) a description of facilities and methods that will be used to store and handle prohibited materials separately from materials listed as allowed or allowed with restrictions for organic production, processing, or handling; and (G) any additional buffer zone distance for each field parameter as determined by the certifying agent. (7) The department shall not certify part of a farm unless: (A) there exist distinct, defined boundaries between fields under organic management and other fields; and (B) the proposed acreage will be used for a bona fide trial of organic management methods. (8) The department may not certify land that has no previous history as cultivated cropland, orchard, or improved pasture, and that is being converted to organic for the sole purpose of replacing land abandoned because of chemical contamination or depleted fertility resulting from previous farm-management practices. (c) Separation of produce. (1) A producer of both organic agricultural products and other agricultural products on the same farm shall keep separate records for each of these two categories of products. (2) A producer of the same crop or agricultural product both grown organically and nonorganically on the same farm shall prove to the department's satisfaction that he or she has in place physical facilities and management procedures adequate to ensure that there is no possibility of commingling. (3) In the absence of such proof, no food or fiber of that type from that farm shall be certified or sold as TDA-Certified Organically Produced or Transitional-Organic Certification Pending. (d) Soil management. (1) Fertility shall be fostered primarily by managing soil organic content through the proper tillage, crop rotation and manuring. (2) Soil management shall conform to recognized organic practices and principles of soil conservation. (A) Crop rotation. Producers shall rotate according to a written rotation plan all crops that are not perennials; included in permaculture systems; grown in containers; or grown on a nonrotating basis in accordance with accepted regional practices but maintaining balanced fertility management with other allowed practices. (B) Rotation plan. A rotation plan may include alternation of sod or forage and row crops; nitrogen-fixing crops; green manure crops; cover and nurse crops; deep-rooting crops; alternation of heavy and light feeders; or plants with allelopathic or mineral-accumulating properties. (3) Manuring. (A) Raw manure may be applied to green manure crops; perennial crops; crops not for human consumption; or crops for human consumption, if the crop is harvested 60 days or more following the most recent application. (B) Raw manure may not be applied to any crop in a way that significantly contributes to water contamination by nitrates or bacteria. (C) Use of manure composted either by aerobic digestion (high heat) or controlled fermentation (low heat) is allowed. (D) Use of liquid manure slurry is allowed if the slurry is aerated from a source that adds carbon to the slurry. (e) Soil amendments and fertilizers. (1) In implementing an annual or overall three-year farm plan, a producer shall utilize green manure crops; nitrogen-fixing or cover crops; composted materials; nitrogen-fixing microorganisms; and other allowed materials for supplying plants with nitrates at low concentrations. (2) In implementing a temporary measure in an annual farm plan, a producer may utilize materials listed as allowed with restrictions, provided that use is justified by soil and/or plant analysis (nutrient) testing. (f) Crop management. (1) Irrigation. (A) Irrigation management shall conform to recognized organic practices and water conservation principles. (B) Use of irrigation water that is known to be contaminated with toxic substances is prohibited. A producer shall apply for, and the department or an organic certifying agent may grant, a written exception to this paragraph if: (i) no other water is available; and (ii) no toxic residues from contaminated water are present in certified crops, as determined by a tissue test per farm or field until no residue from contaminated water is found in the crop, and at least every third year thereafter. (2) Pest management. (A) Weed management. (i) A producer may use timely mechanical or hand cultivation; crop rotations; smother crops; mulching with organic materials; intercropping plant species such as legumes or green manure crops; practices that prevent introduction of weed seeds into fields, such as mowing borders, cleaning equipment, and use of weed- free inputs; electrical or flame weeding equipment; biodynamic preparations; and mowing or grazing. (ii) A producer may use approved herbicidal soaps and oils, if applied to non- food plants; and synthetic or biodegradable plastic for mulches, row covers, and solarization, if such materials are removed at the end of each growing or harvest season, and not introduced into compost or mulch; and mulches made of recycled newspapers. (B) Disease management. (i) A producer shall plan production schedules, crop selection, location and sizing of plantings, and soil-management practices to prevent diseases. (ii) A producer may use preventative management such as planting resistant varieties and rootstocks, timing plantings to avoid cycles of pest emergence; intercropping, crop rotations, and avoidance of excessive fertilization. (iii) In greenhouses, a producer shall manage ventilation, humidity, and temperature to reduce disease incidence. (iv) A producer may utilize materials listed as allowed with restrictions, if justified for immediate disease control. (v) A producer may apply approved natural fruit waxes and shall indicate on the shipping containers the type of natural fruit wax applied to the enclosed certified products. (C) Insect management. (i) A producer shall plan production schedules, crop selection, location and sizing of plantings, and soil-management practices to prevent insect infestations. (ii) A producer may use preventative management such as planting resistant varieties, timing plantings to avoid cycles of pest emergence, intercropping, crop rotations, and avoidance of excessive fertilization. (iii) A producer may use mechanical or electrical controls, sticky traps, repellent crops and apparatus, vacuuming, water jets, physical barriers and traps, and sound. (iv) A producer may use pheromones used in traps, including use in monitoring pest occurrence, emergence, life cycles and mating disruptives. (v) A producer may use pheromone traps or bait sticks containing prohibited pesticides, if these pesticides do not contact and are not added to soil or water. (vi) A producer may use biological controls, release of natural predators and parasites and manipulation of the habitat, crops planted for insectories, supplemental food, and/or hosts of natural predators and parasites. (vii) A producer may use other biological controls including entomopathic protozoa, nematodes, algae or other biological controls. (viii) A producer may use microbial diseases including viral, bacterial, and entomopathic fungal diseases such as Bacillus thuringiensis (Bt), Bacillus spp., Beuvaria spp., Nosema spp., and Nuclear Polyhedrosis Virus (NPV). (ix) A producer may use materials listed as allowed with restrictions, if justified for immediate insect control measures. (D) Management of rodents, gophers, deer, and other varmints. A producer may use for control or as a repellent: (i) live traps, physical barriers, sound, electrical devices, shooting, or materials listed as allowed in the TDA Material List or the National list; or (ii) materials listed as allowed with restrictions in the TDA Materials List and the National List, if justified for immediate reduction of crop loss due to abnormal occurrence of these pests. (3) Growth regulators, growth promoters, activators, and inoculants. (A) A producer may use natural enzymes, herbal preparations, biodynamic preparations, rhizobial inoculants, free-living nitrogen-fixing microbial cultures, blue-green algae, cellulolytic bacteria, natural rooting hormones, adjuvants or wetting agents for foliar applications; and materials listed as allowed in the TDA Material List; or (B) A producer may use materials listed as allowed with restrictions in the TDA Material List if justified as a temporary measure in production of food or fiber. (g) Propagation materials. (1) A producer shall only use propagation materials that are certified organically produced unless the producer provides verification that they were grown with accepted organic practices and materials as defined under this chapter. (2) A producer shall use untreated seed unless the use of synthetic fungicide treated seeds for food or fiber: (A) improves germination and stand establishment due to temporary conditions such as heavy, wet or cold soil conditions; and (B) is the only seed available for certain crop varieties. (3) A producer may use insecticide treated seed for food or fiber if: (A) current commercial stock is the only seed available and the approval for use is sought for only a one-time planting; or (B) required under local, state, or federal quarantine requirements. (4) A producer may use acid delinted seed for organically produced or transitional cotton. (5) Crops produced from propagation materials, other than synthetic fungicide treated seeds or acid delinted cotton seeds, which have been produced or treated with prohibited materials may not be sold as transitional within 12 months, or organic within 36 months, of planting or transplanting. (6) A producer may use commercial soil mixes which contain materials listed as allowed in the TDA Material List or the National List. (7) A producer is prohibited from using soils, sand, gravel, or planting medium, or from planting in soils that have been sterilized at temperatures higher than 180 degrees Fahrenheit. (h) Recordkeeping. (1) Producers shall maintain complete, auditable records including: (A) general crop production practices; (B) crops produced, harvesting and handling methods and records, including harvest dates and yields, product inventory and sales; (C) records of use of materials listed as allowed or allowed with restrictions (including a material use report) in the TDA Material List or the National List for Pest Management, Fertility and Soil Management, and production of propagation materials; (D) material-use reports for manure, compost, or soil mixes used in transplant, field, or greenhouse production; (E) material-use reports for propagation materials used in transplants, field, or greenhouse production; and (F) material-use reports which shall be maintained and submitted to the department or the organic certifying agent for verification and approval, and shall include information (if applicable) on: (i) type of material applied; (ii) source of material; (iii) label and manufacturer information; (iv) date and rate of application; (v) method and type of equipment used; (vi) type of crop or propagation material applied; (vii) field or greenhouse numbers as specified in farm maps to which material was applied; and (viii) justification of need and plan to discontinue restricted practice or application over time; and (G) records of application of natural fruit waxes, including information on type material applied, type of crop, and records of numbers of boxes or lots treated. sec.18.15. Distributors. (a) Distributors, including but not limited to, wholesalers, brokers, packers, repackers, shippers, or agents transferring orders of food or fiber produced in this state or out-of-state, which is sold as organic or transitional, shall be certified. (b) Persons or certified producers who purchase certified food or fiber produced in this state or out-of-state which is sold as organic or transitional, for resale or redistribution, including but not limited to mail order, roadside stands, and farmers markets shall be certified. (c) Distributors shall conspicuously display a certificate of approval to handle organic or transitional food or fiber. (d) Distributors applying for certification, or renewal for certification, shall complete an application, including an organic handling plan, and a Hazard Analysis Critical Control Point (HACCP) system plan, which includes: (1) an overall description of physical facilities and management procedures adequate to prevent commingling or contamination of organic or transitional food or fiber; (2) a general description of the handling operation, handling procedures, and the types of organic food or fiber handled; (3) a schematic flow-chart showing the movement of organic food or fiber during handling, including identification of all equipment, machinery, and storage areas used; and (4) a description of the hazard analysis for the handling operation and the identification of critical control points for the following areas of potential contamination (hazards) of the organic food or fiber, including information on: (A) commingling of certified organic products with non-organic products and a description of the system of internal recordkeeping that documents the movement of each specific lot of organic food or fiber through each step of the handling operation; (B) sanitizers, boiler chemicals, processing aids, prohibited substances, materials used in handling, and post-harvest applications; (C) transportation and storage; (D) pest control, including a description of the pest problems encountered in the handling operation, pest monitoring techniques used, and a description of pest control methods; (E) food spoilage microorganisms, including a description of efforts to reduce solid waste, liquid waste, and airborne emissions produced by the handling operation; and (F) general handling procedures. (5) A distributor may not represent as organic or transitional, any food or fiber that is known to contain prohibited materials or has been commingled or contaminated during storage, handling, packing or repacking, packaging, and transportation. (e) The following shall apply to post-harvest handling. (1) A distributor shall not: (A) add any synthetic ingredient which is prohibited under these rules including, but not limited to fumigants, sprouting inhibitors, ripeners; or growth regulators, preservatives, coloring agents, ionizing radiation, or synthetic waxes or oils; (B) add any ingredient containing nitrates, heavy metals, or toxic residues in excess of those permitted; (C) add any sulfites, nitrates, or nitrites; (D) add any ingredients that are not organically produced in accordance with this chapter, unless such ingredients are included in the TDA Materials List or the National List, and represent not more than 5% of the weight of the total finished product (excluding salt and water); (E) use any packaging materials, storage containers or bins that contain synthetic fungicides, preservatives, or fumigants; (F) use any bag or container that had previously been in contact with any substance in such a manner as to compromise the organic quality of such product; (G) apply any material listed as allowed with restrictions on the TDA Material List or the National List to any certified product for immediate control of pests or food spoilage without justification of need; (H) apply any prohibited disinfectants to storage containers and handling equipment without prior approval from the department or an organic certifying agent, including a specified waiting period that must expire before the handler uses the container or equipment for certified food or fiber; or (I) use in such products, water that does not meet all Safe Drinking Water Act requirements (42 U.S.C., sec.300f, et seq.) (2) A distributor shall: (A) handle perishable items only so as to avoid injuring them physically; (B) dry crops to appropriate moisture levels by natural drying, aeration, or other mechanical drying apparatus; (C) chill perishable crops by means of uncontaminated water baths, cold rooms, or icing, and maintain constant low temperatures at every stage of transportation and distribution; (D) disinfest crops of spoilage organisms or fruit flies by hot-water dipping or vapor-heat treatments; (E) suppress storage pests by physical means or with materials listed as allowed in the TDA Materials List or the National List; and (F) indicate on the shipping containers the type of natural fruit wax applied to the enclosed certified products. (f) Distributors shall maintain complete, auditable records for one year including: (1) records of all organic or transitional products, including dates of purchase, sales, billings, receipts, invoices, and volumes of products purchased; (2) proof of certification of all products labeled as organic or transitional and record of the applicable organic certifying agent; and (3) records of application of natural fruit waxes, including information on type of material applied, type of crop, and records of numbers of boxes or lots treated. sec.18.16. Processors. (a) Processors of food or fiber produced in this state or out-of-state, which is sold as organic or transitional, shall be certified by the department or by an organic certifying agent. (b) Processors shall conspicuously display a certificate of approval to handle and process organic or transitional food or fiber. (c) Processors applying for certification, or renewal for certification, shall complete an application, including an organic processing plan, and a Hazard Analysis Critical Control Point (HACCP) system plan, which includes: (1) an overall description of physical facilities and management procedures adequate to prevent commingling or contamination of organic or transitional food or fiber; (2) a general description of the processing operation, processing procedures, and the types of organic food or fiber processed; (3) a schematic flow-chart showing the movement of organic food or fiber during processing, including identification of all equipment, machinery, and storage areas used; (4) a description of the hazard analysis for the processing operation and the identification of critical control points for the following areas of potential contamination (hazards) of the organic food or fiber, including information on: (A) commingling certified organic products with non-organic products, and a description of the system of internal recordkeeping that documents the movement of each specific lot of organic food or fiber through each step of the processing operation; (B) sanitizers, boiler chemicals, prohibited substances, post-harvest applications, processing ingredients, and processing aids; (C) transportation and storage; (D) pest control, including a description of the pest problems encountered in the processing operation, pest monitoring techniques used, and a description of pest control methods used; (E) food spoilage microorganisms including a description of efforts to reduce solid waste, liquid waste, and airborne emissions produced by the processing operation; and (F) general processing procedures. (d) A processor may not represent as organic or transitional, any food or fiber that is known to contain prohibited materials or has been commingled or contaminated during storage, handling, processing, packaging, and transportation. (e) Each ingredient of any processed product sold as organic shall be from a certified organic source. A processed product sold as organic may include: (1) ingredients that are not agricultural products, such as salt, yeasts, or other microbial cultures, or fermentation systems which are approved under this chapter; (2) organically produced honey, maple syrup, or other natural sweeteners; (3) natural preservatives, coloring agents, or other additives, such as natural absorbic acid or citric acid; (4) organically grown herbs, spices or other ingredients; or (5) other ingredients or processing aids listed as allowed in the TDA Materials List or the National List. (f) The following percentage of ingredients are required. (1) Processed products may not be labeled as "organic" on the principal display panel, unless they contain at least 95% certified organically produced ingredients by weight, excluding water and salt from the calculation, and do not contain any prohibited ingredients or additives. (2) Processed products which contain at least 50% certified ingredients by weight, excluding water and salt, may state or label the applicable certification on the principal display panel, only for the limited purpose of identifying the organically produced ingredients. (3) Processed products that contain less than 50% certified ingredients by weight, excluding water and salt, may state the applicable certification in the ingredient information panel, including the percentage of each ingredient certified. (4) Seeds and beans used for producing edible sprouts must be 100% certified organically produced. Sprouts shall not be produced from non-certified seed after 180 days from the effective date of this chapter. (g) Processors shall maintain complete, auditable records for two years including: (1) records of all organic or transitional products, including dates of purchases, sales, billings, receipts invoices, and volumes of products purchased; (2) proof of certification of all products labeled as organic or transitional and record of the applicable organic certifying agent. sec.18.17. Harvest, Handling, and Processing of Cotton. (a) To ensure that organically produced fiber and by-products are certifiable, producers, distributors, and processors shall harvest, transport, store, and process organically produced fiber in a manner to ensure segregation and prevention from contamination. Methods and materials in manufacturing of organically produced cotton products must be low impact, energy conserving, or environmentally sound processing methods. (b) Harvesting and handling. (1) Harvest aids. (A) A producer shall use: (i) seasonal weather conditions such as frost and freeze; and/or (ii) upon approval by the department or an organic certifying agent, use other materials listed in the TDA Materials List or the National List or other prescribed methods. (B) A producer may use soaps, detergents or natural plant or vegetable-based oils listed in the TDA Materials List or the National List as a harvest aid for spindle picking methods. (C) A producer shall not use as a harvest aid, defoliation or desiccation by deliberate plant stress through direct fertility depletion. (2) Equipment. (A) Cotton harvesting equipment, module units or containers compressing or holding cotton fiber, and module trucks or trailers shall be physically or mechanically cleaned to remove any lint or trash from previous harvesting. (B) An on-site inspection of all harvest equipment and/or authorization by the department or an organic certifying agent shall be completed for each field prior to harvest. (3) Handling. (A) Modules or containers of certified cotton shall be segregated in an area specified on each farm site by the department or an organic certifying agent. The department or an organic certifying agent shall be notified prior to relocation of any module or container of certified cotton. (B) Modules or containers of cotton fiber shall be segregated in an area specified for each processing site by the department or an organic certifying agent. The department or an organic certifying agent shall be notified prior to relocation or processing of certified cotton. (C) Bale units of processed cotton fiber or containers or units of by- products shall be segregated in an area specified by the department or an organic certifying agent at each certified processing facility (gin) and/or each certified distributing (warehouse) location. (D) Distributor (warehouse) locations shall be inspected and/or audited for records of certified bale units or by-products by the department or an organic certifying agent prior to shipment. (c) Processing (ginning). (1) Ginning may include module feeding, suction feeding, conveying, drying, pre-cleaning, ginning, lint cleaning, baling and bagging, bale conveying, mote conveying, pressing and bagging gin trash conveying and storage, and seed conveying and storage. (2) Module feeding and/or suction feeding systems and initial conveyors must be cleaned physically or mechanically to remove any lint or trash prior to loading or feeding modules or container units of certified cotton into the ginning system. (3) Each stage of ginning shall ensure segregation and prevention from contamination. (4) At least one bale of compressed fiber or any additional volume or units determined by the department or an organic certifying agent shall be segregated during processing of organic and/or transitional cotton. Each segregated bale or unit shall be audited and recorded as follows: (A) the first segregated bale or unit of organic and/or transitional cotton processed after conventional cotton shall not be certified as organic or transitional; (B) the first segregated bale or unit of transitional cotton processed after organic cotton shall be sold as transitional; (C) the first segregated bale or unit of organic cotton processed after transitional cotton shall be certified as transitional; or (D) gin trash, burrs, motes, and seeds which are segregated and prevented from contamination during each stage of ginning may be certified as organic or transitional, consistent with the certification of the raw cotton from which they were derived. (5) Cotton fiber processing aids. (A) A processor (ginner) may use: (i) water or other humidity control methods to enhance processing; (ii) enzymes as a topical treatment to enhance processing due to excessive sugar or honeydew content; or (iii) natural vegetable or plant oils or waxes as a topical treatment to enhance processing due to excessive sugar or honeydew content or processing of weathered cotton. (B) A processor (ginner) shall not use synthetic textile oils, synthetic waxes, or silicone-based surfactants. (d) Processing of organically-produced fibers into textile materials. (1) Processing of cotton fiber into non-wovens including filling, stuffing, batting, felting, health and beauty aid materials, interfacing, and other types. Processing may include: (A) fiber opening, conveying, feeding, blending, and cleaning; (B) combing, garneting, or compacting; (C) drying or bonding; or (D) baling, wrapping or packaging. (2) All equipment used in the processes shall be physically or mechanically cleaned to remove any lint and/or a specified quantity of certified cotton, as it is being passed through each stage of processing, may be utilized to clean contact surfaces during each specific processing stage and to purge the equipment of any tufts of previously processed stock. Cleaning waste shall be discarded and may not be certified organic or transitional. (A) Additional waste if segregated and prevented from contamination from other fiber and audited via lot, bin or weight, may be recycled or certified consistent with the certification of the raw cotton from which it was derived. (B) Scouring of non-woven cotton fiber. (i) A processor may use hot water; low-impact and biodegradable anionic, cationic and non-ionic surfactants; citric or acetic acid; and protease, lipase, amylase and cellulase enzymes. (ii) A processor shall not use hydrochloric or sulfuric acid as a processing ingredient. (C) Bleaching, bio-polishing, color brightening, and softening. (i) A processor may use: (I) hot water; protease, lipase, amylase and cellulase enzymes; and citric acid or acetic acid; or (II) soda ash; sodium silicate; caustic soda at a maximum concentration of 3.0% on weight of goods; and hydrogen peroxide at a maximum of 3.0% on weight of goods, if removed by a final enzymes and/or hot water and citric acid or acetic acid scour, so that no residual materials remain in the finished fabric. (ii) A processor shall not use chlorine; sodium chlorite and sodium hypochlorite; optical brighteners and/or bluing; or perborate bleaches including sodium perborate and sodium monopersulfate. (D) Bonding non-wovens materials. (i) A processor may use mechanical compaction, webbing, and entangling; stitching, knitting and wefting; hydroentaglement; or polyvinyl alcohol (PVA) as a bonding agent. (ii) A processor shall not use adhesive or glue bonding agents; chemical solvent bonding; or synthetic polymer bonding. (3) Processing knitted, woven or other fabric types. (A) Processing may include the following: (i) opening, laydown, cleaning, and blending to feed bale units into the processing system; (ii) carding, drawing; and combing for the production of sliver from certified bale units; (iii) roving, winding, ring spinning, open-end spinning, air-jet spinning, plying, and wrapping for production of yarn from sliver; (iv) creeling, warping, and slashing of yarn packages onto beams for woven fabrics; (v) weaving or knitting of fabrics; (vi) compaction, Sanforizing, and finishing greige good; or (vii) dyeing. (B) All equipment used in the processes listed above shall be physically or mechanically cleaned to remove any lint and/or a specified quantity of certified cotton, as it is being passed through each stage of processing, may be utilized to clean contact surfaces during each specific processing stage and to purge the equipment of any tufts of previously processed stock. Cleaning waste shall be discarded and may not be certified organic or transitional. (C) Additional waste including raw stock cotton, carding, drawing, combing noils, sliver, roving, yarn, pneumafil, yarn, beam, or greige good fabric, if segregated and prevented from contamination from other fiber and volume recorded via lot, bin or weight, may be certified consistent with the certification of the raw cotton from which it was derived. (D) All packages including sliver, roving, yarn warp beams, and bolts of finished fabric shall be clearly marked during each stage of processing consistent with the certification of the raw cotton from which it was derived, including records via individual package numbers or lots, beam numbers or lots, or bolt numbers or lots, and volume or weight of each package or unit of waste stock to be certified. (E) Treatment of cotton for opening, laydown, cleaning, and blending. A processor may use water or other humidity control methods to enhance feeding; enzymes as a topical treatment to enhance processing due to excessive sugar or honeydew content; or natural vegetable oils, plant oils, and natural waxes as a topical treatment to enhance ease of processing of weathered cotton. (F) Preparation and conditioning of yarn. (i) A processor may use: (I) as a processing ingredient, beeswax or tallow wax; (II) as a processing aid, paraffin-based wax, if removed with allowed scouring materials later in the manufacturing process; or (III) as a processing aid, soluble acid fugitive tint to identify individual yarn packages, if removed with allowed scouring materials later in the manufacturing process. (ii) A processor shall not use silicone resin or other synthetic-based resins. (G) Preparation of beamed yarns for woven fabrics. (i) A processor may use: (I) starches derived from natural sources, including, corn starch and potato starch; hydrogenated tallow; or natural waxes as a processing ingredient for sizing; (II) polyvinyl alcohol (PVA); gelatin; waxes; and glycerin as a processing aid, if removed by a allowed final scour which may include hot water; enzymes; and citric acid or acetic acid, so that no residual materials remain in the finished fabric. (ii) A processor shall not use synthetic resins, synthetic gums, or synthetic oils. (H) Desizing to remove processing aids in beamed yarns. (i) A processor may use hot water; citric acid or acetic acid; salt; protease, lipase, amylase and cellulase enzymes; low-impact and biodegradable anionic, cationic, and non-ionic surfactants; sodium gluconate; or other organic chelating agents. (ii) A processor shall not use hydrochloric or sulfuric acid. (I) Preparation of warp beam yarns or package yarns for dyeing. (i) a processor may use: (I) as a processing aid, hot water; citric acid; acetic acid; low-impact and biodegradable anionic, cationic and non-ionic surfactants; and soda ash; or (II) sodium silicate; caustic soda at a maximum concentration of 3.0% on weight of goods; hydrogen peroxide at a maximum of 3.0% on weight of goods; as a processing aid, if removed by a final enzyme and/or hot water and citric or acetic acid scour, so that no residual materials remain in the finished fabric. (ii) A processor shall not use chlorine, sodium chlorite and sodium hypochlorite, optical brighteners and/or bluing, perborate bleaches including sodium perborate and sodium monopersulfate, or heavy metals or mordants. (J) Bleaching, bio-polishing, color brightening, and softening of fabrics for final finishing of greige good fabric or for fabric or garment dyeing. (i) A processor may use: (I) protease, lipase, amylase and cellulase enzymes; hot water; and citric or acetic acid; or (II) soda ash; sodium silicate; caustic soda at a maximum concentration of 3.0% on weight of goods; and hydrogen peroxide at a maximum of 3.0% on weight of goods as a processing aid, if removed by a final enzymes and/or hot water and citric or acetic acid scour, so that no residual materials remain in the finished fabric. (ii) A processor shall not use chlorine; sodium chlorite and sodium hypochlorite; optical brighteners and/or bluing; perborate bleaches including sodium perborate and sodium monopersulfate; or heavy metals or mordants. (K) Mechanical finishing of knit and woven fabrics. A processor may use calendering, tentering, or Sanforizing for final finishing of greige good fabrics or for preparation for fabric or garment dyeing, or mechanical compaction and/or relaxation; and heat shrinkage. (L) Finishing knit or woven greige good fabric or fabric for garment dyeing. (i) A processor may use: (I) as a final finishing ingredient, enzymes as bio-polishes or finishes, natural oils including coconut oil, banana oil, pine (tall) oil, or other natural plant or animal oils, natural fatty acids including oleic acid and stearic acid, other plant or animal acids, or tallow; and corn or potato starch; or (II) cationic softeners, as a finishing aid in Sanforization or finishing, or polyvinyl alcohol (PVA) in glazing or beetling finishing. (ii) A processor shall not to use as a processing ingredient formaldehyde and formaldehyde-urea resins, silicone or silicone-based finishes, synthetic resins or resin-based finishes, synthetic gums or gum-based finishes, synthetic oils, or synthetic waxes. (M) Surface finishing of knit or woven fabrics. A processor may use napping, sueding, or brushing. (N) Dyeing of package yarns, beams yarns, or fabric or garment dyeing. A processor may use natural; low-energy, non-metal, reactive dyes, bi-functional dyes, or low-impact dyes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 16, 1994. TRD-9440977 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: June 7, 1994 Proposal publication date: February 1, 1994 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS Part XXXIV. Texas State Board of Social Worker Examiners Chapter 781. Social Work Certification (Editor's Note: Chapter 605, sec.40(b)(3), Acts of the 73rd Legislature, Regular Session, 1993, create the Texas State Board of Social Worker Examiners and provided for the transfer of certain programs from the Texas Department of Human Services. The Texas Register is administratively transferring the following rules listed in the table below from Title 40., Part I., Texas Department of Human Services to Title 22., Part XXXIV., Texas State Board of Social Worker Examiners. The table lists the old rule numbers and the new rule numbers that correspond to them.) TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 67. Social Work Certification (Editor's Note: Chapter 605, sec.40(b)(3), Acts of the 73rd Legislature, Regular Session, 1993, create the Texas State Board of Social Worker Examiners and provided for the transfer of certain programs from the Texas Department of Human Services. The Texas Register is administratively transferring the following rules listed in the table published in this issue under Title 22. from Title 40., Part I., Texas Department of Human Services to Title 22., Part XXXIV., Texas State Board of Social Worker Examiners. The table lists the old rule numbers and the new rule numbers that corresponds to them.)