Texas Register
(24TexReg10638).
The amendments to §§18.1-18.17, the repeal of §18.18 and
new §18.18 are adopted to update language for consistency, clarify requirements,
simplify the procedures governing the department's Organic Certification Program.
The department adopts these amendments because they are necessary for the
efficient operation of the Organic Certification Program. New §18.19
concerning the production of livestock, livestock fiber, and livestock products
was also proposed in the December 3, 1999, issue of the
Texas Register
. Upon review of the comments received on proposed new §18.19
and because the United States Department of Agriculture published proposed
national organic standards in the Federal Register on March 13, 2000, the
department has determined that it would withdraw § 18.19 as proposed.
The department will re-file this section at a later date because it requires
additional time to review the proposed national organic standards to make
sure that this section is consistent with those standards and to further consider
comments received on §18.19. New §18.25, concerning expiration of
Chapter 18, has also been withdrawn and will not be re-filed. As part of its
rule review of other chapters in Title 4, Part 1, the department has determined
that the existing expiration provisions in those chapters are no longer needed
due to legislative changes which now dictate how often rules must be reviewed.
The department has, or is in the process of, repealing expirations provisions
for all of its chapters. The department has withdrawn proposed §18.25
to make Chapter 18 consistent with other chapters in Title 4, Part 1.
Section 18.1 was adopted without change. The adopted section defines terms
used in livestock production, deletes obsolete or unnecessary definitions
and amends other definitions for clarification or consistency with program
requirements.
Section 18.2 was adopted with one minor change. The phrase "Notwithstanding
subparagraph (a) (3) of this section," was added to subparagraph (a) (4) to
correct an apparent contradiction between the two paragraphs. The adopted
amendments to this section eliminate inconsistencies and inaccuracies in the
rule; delete obsolete provisions such as the date the certification process
became effective (§18.2 (a) (3)) and exceptions for consolidated licenses;
and replace the term accreditation with registration to be consistent with
the statute. Adopted amendments also allow the certification status of crops
to be maintained under certain conditions when a farm is sold or leased; correct
the mailing address for certification applications; explain what constitutes
an application; and clarify several provisions.
Amendments to §§18.3 and 18.4 are adopted without change. The
term "accreditation" was replaced by "registration" in order to be consistent
with language in the statute. Adopted amendments to § 18.4 also clarify
that an application for registration must be approved before an organic certifying
agent conducts certification activities in the state.
Section 18.5 is adopted with changes to subparagraphs (b) (2) (E) and (F),
where the phrase "on-farm processing" is changed to "on-farm storage or processing".
This change is necessary to clarify that all dairy operations must be certified
as processors. Additional amendments that are adopted without change establish
fees for livestock certification, require certification of pastureland, replace
tabular fee schedules with text, stipulate that fees are additive and non-refundable,
and eliminate obsolete provisions regarding renewals and consolidated licenses.
Sections 18.6 - 18.10 are adopted without changes to the proposed amendments.
Amendments to §18.6 serve to shorten the section title, eliminate the
requirement to use only approved printers and simplify and clarify the rule.
The amendment to §18.7 clarifies that the department may audit businesses
certified by organic certifying agents. Section 18.8 as amended replaces the
term "accreditation" with "registration", clarifies that proceedings affecting
registered certifying agents will be handled consistently with other contested
cases, and adds 1 TAC Chapter 155 to listed regulations governing procedures
for contested cases. Additionally, adopted amendments eliminate redundant
language and clarify that a stop-sale issued under this regulation only prevents
the sale of the product as organic or transitional, but does not prevent its
sale if the organic or transitional label is removed. Adopted §18.9 also
eliminates redundant language and clarifies references. Amendments to §18.10
provide a reference to residue levels that disqualify a product from being
certified as organic and modify the type of information the department provides
to authorities conducting emergency spray programs.
Section 18.11 is adopted with changes to subsection (b) (3) based on a
comment received from two producers and on the advice of legal staff. The
amendment references a specified residue level (5% of the EPA tolerance or
the FDA action level) that disqualifies a product from being sold as organic
or transitional. The changes to the amendment add provisions for situations
in which there is no EPA tolerance or FDA action level established for a specific
prohibited material on an affected crop. Changes also allow for dealing with
cases in which 5% of the EPA tolerance or FDA action level is below the quantifiable
limit for the standard testing procedure for that substance. Another amendment
to §18.11, adopted without change, requires submission of water quality
test results with an application for livestock certification.
Sections 18.12 - 18.17 are adopted without changes to the proposed amendments.
Adopted amendments to §18.12 add a reference to livestock production,
refer to the statutory requirement for fertilizer labels to be approved by
the Texas Feed and Fertilizer Control Service, and improve the organization,
clarity and formatting of the section. Section 18.13 includes several minor
amendments that update references, clarify requirements, and improve grammar
or formatting of the section. Increased restrictions are placed on the use
of raw animal manure to reduce the risk of microbial contamination. Limitations
on the use of non-organic propagation materials are outlined, and the requirement
for organic seeds or beans used for producing organic sprouts is relocated
to this section from 18.16. A minor amendment to §18.14 extends the provisions
for retail display of a certifier's logo to organic certifying agents other
than the department. In §18.15 an amendment is adopted moving the prohibition
on the use of ionizing radiation from subsection (e) (1) (A) to a separate
subparagraph (J) in order to clarify and explain the prohibition. Amendments
to §18.16 include applying the restrictions listed in §18.15 (e)
(1) (regarding prohibited substances and practices) to processors as well
as distributors, and deletes paragraph (g) (4) relating to sprouts. Section
18.17 is amended to separate the harvest, handling and ginning of cotton from
additional regulations that apply to all types of organic fiber. The parts
of §18.17 that were deleted were reorganized and adopted without changes
in new 18.18. Adopted new § 18.18 outlines general principles for organic
fiber processing, adds additional processing terms, removes references to
materials that are covered by the TDA Materials List, and simplifies the organization
of the section.
Comments on the proposed rules were received from six individuals. Some
individuals submitted comments on sections that were not included in the proposal.
Those comments will not be addressed at the current time, but will be considered
as suggested rule amendments for future proposals. Comments received on §18.11
resulted in changes to the proposed rule as described above. Changes were
also made to §§18.2, 18.5 and 18.11 by the department for clarification
and consistency as described previously.
The amended and new sections are adopted under the Texas Agriculture
Code (the Code), §18.002, which provides the department with the authority
to adopt rules necessary for the enforcement and administration of Chapter
18, Subchapter A, concerning Organic Standards and Certification; and the
Code, §18.006, which provides the department with the authority to set
and charge fees for certification as an organic producer, distributor, retailer,
or processor.
§18.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
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.
(2)
Aquaculture Stock - Fish, shellfish or other aquatic
animals produced for meat, eggs or other products.
(3)
Allelopathic - The ability of a plant species to produce
substances that are toxic to certain other plants.
(4)
Annual crop - A crop which reaches maturity during
a specific seasonal growing period and is harvested at maturity.
(5)
Biological control - The use of parasites, predators,
or pathogens to suppress pest populations.
(6)
Botanical pesticides - Natural pesticides derived
from plants.
(7)
Breeder stock - Animals used for reproduction, to
produce organic progeny.
(8)
Certified organic farm - A farm, or portion of a 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.
(9)
Code - The Texas Agriculture Code.
(10)
Commingled - Mixed or interspersed with other food
or fiber.
(11)
Contaminated - As applied to organic food or fiber,
unfit for use because of the presence of toxic, synthetic, or other prohibited
substances, or as applied to irrigation water or soil, unfit for use because
of presence in the resulting crop of toxic, synthetic, or other prohibited
substances, in excess of tolerances established in this chapter.
(12)
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.
(13)
Dairy stock - An animal or animals raised for milk
or milk products.
(14)
Department or TDA - The Texas Department of Agriculture.
(15)
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.
(16)
Farm - All agricultural land that is leased, owned,
or otherwise held by and under the management of a certified producer or applicant
for certification.
(17)
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.
(18)
Fiber stock - An animal or animals raised for fiber
production, such as wool or mohair.
(19)
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.
(20)
FSA - United States Department of Agriculture Farm
Service Agency which includes the Agricultural Stabilization and Conservation
Service (ASCS), Natural Resource Conservation Service (NRCS) and Farmers Home
Administration (FMHA).
(21)
Green manure crop - A cover crop or other crop planted
primarily to be plowed under to increase soil tilth and fertility.
(22)
Handle - To sell, process or package agricultural
products.
(23)
Hazard Analysis Critical Control Point or HACCP -
A system designed to eliminate the potential of contamination and commingling
of food and/or fiber products during handling and processing.
(24)
Ingredient information panel - An ingredient statement
which shall appear on the principal display panel or information panel listing
the ingredients contained in the product in descending order of predominance.
(25)
Livestock - Cattle, sheep, goats, swine, poultry,
equine animals used for food or fiber, fish, or other aquatic animals used
for food, or wild or domesticated game.
(26)
Livestock production unit - A production system that
includes animals and all related inputs and production practices, such as
feed sources and feed storage, stock sources, water quality, shelter, land,
disease-control methods, living conditions, stress management practices, and
control of all associated processing and handling facilities, as applicable.
(27)
Logo - The copyrighted "Texas Department of Agriculture
Certified Organically Produced" and "Texas Department of Agriculture Transitional-Organic
Certification Pending" logotypes.
(28)
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.
(29)
Manuring - The application to soil of the excreta
of agricultural animals, including stable litter and paunch wastes, to increase
tilth and fertility.
(30)
Material use records - 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.
(31)
National list - A list of substances categorized
as allowed or prohibited for organic crop or livestock production inputs,
processing ingredients and aids, and handling materials as provided under
the Organic Foods Production Act of 1990.
(32)
Organic certifying agent - An organic certification
organization, or a person registered under this chapter.
(33)
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.
(34)
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.
(35)
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.
(36)
Organic Foods Production Act of 1990 or OFPA - The
national organic standards, 7 United States Code §6501, et seq., under
the authority of the United States Department of Agriculture.
(37)
Organically produced - An agricultural product that
is produced, handled or processed in accordance with these rules.
(38)
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.
(39)
Pasture - Land that is managed in a sustainable manner
to provide forage for grazing livestock.
(40)
Person - Any individual, partnership, corporation,
association, governmental subdivision, or public or private organization.
(41)
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.
(42)
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.
(43)
Poultry stock - Domesticated birds raised to produce
meat, eggs or other products.
(44)
Principal display panel - A part of the label most
likely to be seen by the consumer at retail sale bearing the declaration of
net quantity of contents and statement of identity.
(45)
Processing - Cooking, baking, heating, drying, mixing,
grinding, churning, separating, extracting, cutting, fermenting, eviscerating,
preserving, dehydrating, freezing, or otherwise manufacturing, including the
packaging, canning, jarring, or otherwise enclosing of food in a container.
Fiber processing includes fiber opening, blending, cleaning, combing, garneting,
compacting, drying, bonding, scouring, bleaching, bio-polishing, color brightening,
softening, webbing, stitching, knitting, wefting, laydown, carding, hackling,
drawing, lapping, gilling, roving, winding, spinning, plying, wrapping, creeling,
warping, slashing, weaving, sanforizing, calendering, tentering, finishing,
napping, sueding, brushing, or dyeing.
(46)
Processor - A person who is engaged in the business
of manufacturing raw agricultural commodities into food or fiber products.
(47)
Producer - A person who is engaged in the business
of growing or producing food or fiber.
(48)
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.
(49)
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.
(50)
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.
(51)
Slaughter stock - An animal or animals raised for
meat or meat products.
(52)
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.
(53)
Texas Department of Agriculture (TDA) Materials List
- A list of substances categorized as allowed, allowed with restrictions,
or prohibited for organic crop or livestock production inputs, processing
ingredients, and aids, and handling materials as provided under these rules
or the OFPA.
(54)
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.
Products so certified are permitted to be sold as Transitional following 12
months from the last date of an application of a prohibited material.
(55)
Vaccine - A diluted suspension of killed, attenuated
or live microorganisms, such as viruses or bacteria, incapable of inducing
severe infection, but capable of counteracting a disease- causing organism
by stimulating the immune system of an animal.
§18.2.Certification, Application, and Inspection.
(a)
Certification.
(1)
The department shall certify producers, processors, distributors,
and retailers of organic food or fiber in this state.
(2)
A person may not label, market, advertise, or represent
as organic or transitional any food or fiber that is sold, kept, offered,
or exposed for sale, unless that person is:
(A)
certified directly by the department under this chapter;
or
(B)
certified by an organic certifying agent registered with
the department under this chapter; or
(C)
a retailer eligible for voluntary certification as described
in §18.14 (b) of this title (relating to Retailers).
(3)
A producer may not label, market, advertise,
or represent as organic or transitional any agricultural product harvested
within 90 days of receipt of application by the department.
(4)
Notwithstanding paragraph (a) (3) of this section,
if a certified organic farm is sold or leased during the crop production season,
crops may be sold as organic or transitional provided:
(A)
the new owner or operator provides a notarized affidavit
of compliance with organic standards;
(B)
the new owner or operator immediately applies for certification;
(C)
the department approves the application; and
(D)
the department issues the certification.
(5)
Producers, processors, distributors, and retailers
will be certified on an annual basis from January 1 to December 31 of each
year, except initial applicants whose certification will expire December 31.
(b)
Application.
(1)
Applications submitted under this chapter shall be in writing
on a form prescribed by the department and submitted to the Coordinator for
Organic Programs, Regulatory Programs Division, Texas Department of Agriculture,
P.O. Box 12076, Austin, Texas 78711-2076.
(2)
A separate application shall be submitted for certification
of each producer, processing facility, distribution facility, and retail location,
or registration of an organic certifying agent.
(3)
An application shall consist of the prescribed application
form and any additional supporting documentation for each farm or field unit(s),
processing facility, distributor location, or retailer location to be evaluated
for certification.
(4)
Additional verification documents as prescribed in §18.13
of this title (relating to Producers), including inspection reports and the
results of any required laboratory analysis as prescribed in §18.11 of
this title (relating to Fertility, Water Quality, and Residue Testing), shall
be submitted to the department upon request.
(5)
Applicants who rely on restricted practices or sources
shall bear the burden of establishing:
(A)
that these practices or sources are agronomically or scientifically
required; and
(B)
that the applicant has a plan to discontinue the use of
these restricted practices over a set period of time.
(6)
Upon the department's request, the Certification
Review and Standards Advisory Committee shall review and make recommendations
on any application or registration under this chapter.
(7)
Upon receipt of all required verification documents,
including inspection reports and the results of any required laboratory analysis,
the department shall make an initial determination of whether such certification
should be granted or denied, and notify the applicant in writing, setting
forth the reasons for such grant or denial.
(c)
Inspections of producers, processors, distributors, and
retailers.
(1)
Initial inspections.
(A)
The department or organic certifying agent, upon receipt
of an application for certification that fulfills initial screening requirements
under these rules, shall schedule an inspection of the applicant's farm, facility,
or site.
(B)
If the initial inspection is not conducted at a time of
year when normal production or sales activity can be observed, a follow-up
inspection shall be conducted at the appropriate time.
(C)
Initial inspections shall be reported on a form prescribed
by the department or the organic certifying agent.
(2)
Annual renewal inspections.
(A)
The department, or an organic certifying agent, shall conduct
at least one on-site inspection per year of every farm, facility, or location
for which a certification has been granted.
(B)
The department, or organic certifying agent, shall perform
routine annual inspections for recertification at a time when normal production
or sales activity can be observed.
(C)
The department, or an organic certifying agent, shall conduct
at least one on-site inspection prior to or during harvest of certified producers
and processors who produce and process annual crops for processed products.
(3)
Enforcement inspections. The department may conduct
unannounced inspections in cases of suspected violations of the department's
Organic Standards and Certification, or violations of such standards by an
organic certifying agent registered under this chapter.
(d)
Complaints.
(1)
Any person with cause to believe that any provision of
this chapter has been violated may file a written complaint with the department
setting forth the facts of the alleged violation.
(2)
The department may investigate written complaints
related to certified organic food or fiber.
(3)
The department shall maintain for ten years, records
of all complaints, investigations, and remedial actions. These records shall
become part of the reviewing record of any proceeding involving a certified
person or applicant for certification by the department or by an organic certifying
agent registered under this chapter.
§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 registration 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.
§18.4.Registration of Organic Certifying Agents.
(a)
Organic certifying agents shall be registered by the department
prior to providing organic certification services to a producer, processor,
distributor or retailer. The organic certifying agent shall submit an application
(certifying policies and procedures), and a nonrefundable annual fee prescribed
by the department.
(b)
The department may issue a certificate of registration
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 Agriculture Code, Chapter 18, this chapter, and orders of
the department.
(c)
An organic certifying agent registered 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.
§18.5.Fees.
(a)
A non-refundable application fee prescribed by the department
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 or for a portion of a certification
period. Additional fees may be charged for additions of fields or categories
to be certified after initial application fees are submitted. Prorated fees
may be charged for extension of an annual certification period which is prescribed
by the department.
(1)
Producers. Fees for certification or renewal of certification
are based on the following schedules.
(A)
Field production shall include actual production acres
(including hay, livestock feed grains, or pasture), cover crop and rotation
acres, and required buffer zones. Fees for field production are as follows:
(i)
less than one acre: $40;
(ii)
one to less than five acres: $65;
(iii)
five to less than 25 acres: $90;
(iv)
25 to less than 50 acres: $115;
(v)
50 to 100 acres: $140; and
(vi)
greater than 100 acres: $140 + $15 for each additional
increment or portion of 100 acres.
(B)
Greenhouse/indoor production areas shall include actual
production area and required buffer zones. Fees for greenhouse/indoor production
are:
(i)
less than 1,000 sq. ft.: $20;
(ii)
1,000 to 3,000 sq. ft.: $40; and
(iii)
greater than 3,000 sq. ft.: $40 + $20 for each additional
increment or portion of 3,000 sq. ft..
(C)
Livestock production fees shall be based on the land area
used to produce the livestock, with a separate fee required for each type
of livestock production. Fees for livestock production are as follows:
(i)
less than five acres: $15;
(ii)
five to less than 50 acres: $25; and
(iii)
greater than 50 acres: $50.
(2)
Processors. Fees for certification or renewal
of a certification for each processing facility are based on the following
schedule (if more than one category applies, fees are additive.):
(A)
certified producer with on-farm state licensed kitchen
processing own certified food ingredients: $25;
(B)
certified producer with on-farm state licensed kitchen
processing certified food ingredients other than his own: $25;
(C)
certified producer with on-farm processing of own certified
feed: $25;
(D)
certified producer with on-farm processing of certified
feed other than his own: $25;
(E)
certified producer with on-farm storage or processing of
own certified milk products: $25;
(F)
certified producer with on-farm storage or processing of
certified milk products other than his own: $25;
(G)
cotton ginning: $150;
(H)
textile manufacturing: $150;
(I)
commercial food processor: $150; and
(J)
commercial feed processor: $150.
(3)
Distributors. Fees for certification or renewal
of a certification for each distribution facility are based on the following
schedule:
(A)
broker/trader food products: $100;
(B)
broker/trader feed products: $100;
(C)
broker/trader fiber products: $100;
(D)
warehousing/storage of food products: $150;
(E)
warehousing/storage of feed products: $150;
(F)
warehousing/storage/textile converter (cut & sew) of
fiber products: $150;
(G)
packing/grading/sizing of food products: $150; and
(H)
packing/grading/sizing of feed products: $150.
(4)
Retailers. The fee for application or renewal
for certification for each retail location is $25.
(5)
Organic certifying agents. Fees for application or
renewal of registration are $450 to certify producers, $450 to certify processors,
and $200 to certify distributors or retailers in the state.
(c)
A person who fails to submit a renewal application and
prescribed fee on or before the expiration date of the certification or registration
shall pay, in addition to the renewal fee, a late fee of:
(1)
50% of the renewal fee if received by the department from
at least one but less than 91 days after expiration;
(2)
100% if received by the department from at least 91
but less than 365 days after expiration; or
(3)
if no renewal has been submitted for one year or longer,
the person cannot renew the certification or registration. The person must
then apply for new certification or registration.
§18.6.Logos and Labeling.
(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:
Figure: 4 TAC §18.6 (a)(1) (No Change.)
(2)
Transitional Logo. A second logo shall include the
phrase "Texas Department of Agriculture Transitional-Organic Certification
Pending" and shall take the following form:
Figure: 4 TAC §18.6 (a)(2) (No Change.)
(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 or production units 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 or production units 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 by the department 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)
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)
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.
(d)
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); and/or
(2)
a price card displaying a printed department logo
or logo of an organic certifying agent.
(e)
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 including 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.
§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
whether certified under this chapter, by the department, 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.
§18.8.Department Regulatory Authority.
(a)
Denial, suspension, or revocation of organic certification
or organic certifying agent registration.
(1)
The department may deny, suspend, or revoke a certification
of a producer, processor, distributor, or retailer or a certificate of registration
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 Chapter
18 of the Agriculture Code, this chapter, or an order of the department; or
(E)
has previously had a certification or registration revoked
under this chapter.
(2)
Proceedings for the revocation, denial, or suspension
of certification or registration 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),
where applicable, and Title 1, Texas Administrative Code, Chapter 155.
(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), where applicable, and Title 1, Texas Administrative
Code, Chapter 155.
(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 as organic or transitional
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.
(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.
(3)
This section does not limit the department's right
to act under another section of this chapter.
§18.9.Penalties.
(a)
Criminal penalty.
(1)
A person commits an offense if the person knowingly:
(A)
violates this chapter; or
(B)
fails to comply with a notice, order, or rule of the department
under this chapter or the Code, Chapter 18.
(2)
An offense under this chapter is a Class C misdemeanor.
(b)
Civil penalty; injunction.
(1)
A person who violates this chapter is liable to the state
for a civil penalty not to exceed $500 for each violation. Each day a violation
continues is a separate violation for purposes of a civil penalty assessment.
(2)
On request of the department, the attorney general
or the county attorney or district attorney of the county in which the violation
is alleged to have occurred shall file suit to collect the penalty.
(3)
A civil penalty collected under this chapter or the
Code, Chapter 18, shall be deposited in the general revenue fund. All civil
penalties recovered in suits instituted by a county or district attorney under
this chapter shall be divided between the state and the county in which the
county or district attorney brought suit, with 50% of the recovery to be paid
to the general revenue fund and 50% to the county.
(4)
The department is entitled to appropriate injunctive
relief to prevent or abate a violation of this chapter. On request of the
department, the attorney general or the county or district attorney of the
county in which the alleged violation is threatened or occurring shall file
suit for the injunctive relief. Venue is in the county in which the alleged
violation is threatened or is occurring.
(5)
The civil penalty of an injunction is applicable only
if the department chooses to seek a civil remedy as opposed to a criminal
penalty under this section.
§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 or the tolerance established in §18.11(b)
(3) of this title (relating to Fertility, Water Quality and Residue Testing),
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 a list of certified organic and transitional producers 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.
§18.11.Fertility, Water Quality and Residue Testing.
(a)
Testing and monitoring.
(1)
An applicant shall present the results of soil fertility
test for each field or greenhouse unit to be certified initially and every
third year thereafter.
(A)
Soil may be tested and monitored using either the basic
cation saturation ratios (BCSR) method or the sufficient level of available
nutrients (SLAN) method.
(B)
Other methods of testing for soil microbial levels, such
as paper chromatography, radiorespirometry, dehydrogenase activity, and bioassays,
are allowed.
(2)
The department may require that the soil and
subsoil of all fields to which substantial amounts of manure from off-farm
sources are applied be tested for heavy metals, herbicides, or other suspected
contaminants.
(3)
An applicant for certification shall present water
quality test results (if irrigated) for each source of water supplied to each
field or greenhouse unit to be certified initially and every third year thereafter.
(A)
In irrigated crop management and livestock operations,
an initial application for certification shall include a basic water analysis
including pH, potability, water quality, salinization, etc.
(B)
As a condition of recertification, a producer with a demonstrated
water-quality or soil-salinization problem shall:
(i)
retest for water quality or soil salinization the following
year; or
(ii)
submit tissue-test results for at least one edible crop
each year until no residue from contaminated water is found in the crop, and
at least every third year thereafter.
(b)
Residue testing.
(1)
The department, or an organic certifying agent, shall require
an initial pesticide residue test of soil and crop samples of each new applicant
for certification, and for each applicant for renewal of certification as
required.
(2)
The department, or an organic certifying agent may
require testing of certified food or fiber when it has a reasonable cause
to suspect that it may have been contaminated.
(3)
Products or crops that are contaminated with toxic,
synthetic or other prohibited substances in excess of 5% of the Environmental
Protection Agency (EPA) tolerance or Food and Drug Administration action level
shall not be represented or sold as organic or transitional. If an EPA tolerance
for a substance is not established for the affected crop or product, the tolerance
for the most closely related crop or product will be used as the basis for
decisions. If available testing methods are not capable of measuring a specific
contaminant at the 5% level, the crop or product may not be represented or
sold as organic or transitional if the contaminant is detected in the sample.
§18.12.Materials and Materials List.
(a)
For the purpose of this chapter, materials for crop and
livestock 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 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 allowed with restrictions 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)
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 organic food or fiber may submit information on the
ingredients, manufacturing processes, and other supporting documents, as directed
by the department for categorization as allowed, allowed with restrictions,
or prohibited. Materials categorized as prohibited shall not be used for production,
processing, or handling of organic products.
(d)
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.
(e)
Materials labeled as fertilizers, soil amendments, or affecting
plant growth must be approved or exempted by the Texas Feed and Fertilizer
Control Service, P.O. Drawer 3160, College Station, Texas 77841, as required
by Texas Agriculture Code, Chapter 63.
§18.13.Producers.
(a)
Verification Documents. Verification documents consist
of application forms, past three-year production and material input history,
including Farm Service Agency (FSA) records, farm plans, inspection reports,
laboratory analyses, production practices, harvest and handling plans, showing
the path taken by 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 a registered 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; and crops not for human consumption.
(B)
Raw manure may not be applied to crops for human consumption
within 90 days of harvest, or within 120 days of harvest for crops likely
to be eaten raw.
(C)
Raw manure may not be applied to any crop in a way that
significantly contributes to water contamination by nitrates or bacteria.
(D)
Use of manure composted either by aerobic digestion (high
heat) or controlled fermentation (low heat) is allowed.
(E)
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.,
Beauveria
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 Materials 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 Materials List; or
(B)
A producer may use materials listed as allowed with restrictions
in the TDA Materials 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.
(A)
An exception to the requirement for certified organic propagation
materials may be allowed only if:
(i)
organically produced propagation materials are not available;
(ii)
the producer documents efforts to obtain organic propagation
materials; and
(iii)
the producer develops a plan to obtain organic propagation
materials for future crops.
(B)
If conventional propagation materials must be used, those
produced without pesticides shall be used in preference to those produced
using pesticides.
(C)
Annual transplants that have been treated with pesticides
may not be used for organic production.
(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 Materials 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..
(8)
Seeds and beans used for producing edible sprouts
must be 100% certified organically produced.
(h)
Recordkeeping. Producers shall maintain complete, auditable
records including:
(1)
general crop production practices;
(2)
crops produced, harvesting and handling methods and
records, including harvest dates and yields, product inventory and sales;
(3)
records of use of materials listed as allowed or allowed
with restrictions (including a material use report) in the TDA Materials List
or the National List for Pest Management, Fertility and Soil Management, and
production of propagation materials;
(4)
material use reports for manure, compost, or soil
mixes used in transplant, field, or greenhouse production;
(5)
material use reports for propagation materials used
in transplants, field, or greenhouse production; and
(6)
material use reports which shall be maintained and
submitted to the department or the organic certifying agent upon request for
verification and approval, and shall include information (if applicable) on:
(A)
type of material applied;
(B)
source of material;
(C)
label and manufacturer information;
(D)
date and rate of application;
(E)
method and type of equipment used;
(F)
type of crop or propagation material applied;
(G)
field or greenhouse numbers as specified in farm maps to
which material was applied; and
(H)
justification of need and plan to discontinue restricted
practice or application over time; and
(7)
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.
§18.14.Retailers.
(a)
Retail outlets which sell unsealed, unpacked, or non- prepacked
produce or other foods produced in this state or out-of- state, which are
sold as organic or transitional, shall be certified.
(b)
Retailers of all fiber and packaged food products labeled
as organic or transitional, which are produced in this state or out- of-state,
may voluntarily be certified under these rules.
(c)
Retailers shall not represent as organic or as transitional
any food or fiber that is known to contain prohibited materials or has been
commingled or contaminated during storage, handling, or stocking.
(d)
Retailers shall have in place physical facilities and management
procedures adequate to prevent commingling or contamination of organic or
transitional food or fiber products.
(e)
Retailers shall display certification labeling as follows:
(1)
Certified retailers shall conspicuously display a certificate
of approval to sell or handle organic or transitional food or fiber.
(2)
Retailers may display the type of certification (organically
produced or transitional) of certified products and indicate the applicable
organic certifying agent of each individual or type of product with the name
and/or logo of such product.
(3)
Products bearing a department or other certification
agency logo shall be easily identifiable to consumers and shall be clearly
distinguishable from similar products.
(f)
Retailers shall maintain complete, auditable records for
one year including:
(1)
records of all organic or transitional products, including
dates of purchase, receipts or invoices, and volumes of products purchased
from producers, processors or distributors; and
(2)
proof of certification of all products labeled as
organic or transitional and a record of the applicable organic certifying
agent.
§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.
(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, 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 Materials 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;
(I)
use in such products, water that does not meet all Safe
Drinking Water Act requirements (42 United States Code §300f, et seq.)
; or
(J)
use ionizing radiation to preserve, sterilize, extend shelf
life, or control pests in organic products. X-rays may be used to detect foreign
objects in packaged products.
(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.
§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 ascorbic 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)
Restrictions listed in §18.15(e)(1) of this title
(relating to Distributors), also apply to processors.
(g)
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.
(h)
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; and
(2)
proof of certification of all products labeled as
organic or transitional and record of the applicable organic certifying agent.
§18.17.Harvest, Handling, and Ginning (Processing) of Cotton.
(a)
Harvesting.
(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 as a harvest aid for spindle picking methods.
(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 prior
to harvest.
(b)
Handling.
(1)
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.
(2)
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.
(3)
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.
(4)
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)
Ginning (processing).
(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.
(iv)
A processor (ginner) shall not use synthetic textile oils,
synthetic waxes, or silicone based surfactants.
§18.18.Processing of Organically Produced Fibers into Textile Products.
(a)
General Fiber Processing Principles. 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 used in manufacturing of organically produced fiber
products should be low impact, energy conserving, or environmentally sound
processing methods.
(b)
Materials used in processing. Materials used in organic
fiber processing, including scouring, bleaching, biopolishing, color brightening,
softening, bonding, conditioning, desizing, finishing and dyeing must be listed
as Allowed or Allowed with Restrictions on the TDA Materials List or the National
List.
(c)
Fiber processing methods.
(1)
Methods used to produce non-wovens may include:
(A)
fiber opening, conveying, feeding, blending, and cleaning;
(B)
combing, garneting, or compacting;
(C)
drying;
(D)
bonding, using:
(i)
mechanical compaction, webbing, and entangling;
(ii)
stitching, knitting and wefting; or
(iii)
hydroentanglement; and
(E)
bagging, baling, wrapping or packaging.
(2)
Methods used to produce knitted, woven, or other
fabric types may include:
(A)
opening, laydown, cleaning, and blending to feed bale or
fiber units into the processing system;
(B)
carding, hackling, drawing, lapping, gilling, and combing
for the production of sliver from certified bale or fiber units;
(C)
roving, winding, ring spinning, open-end spinning, woolen
spinning, semi-worsted or worsted spinning, air jet spinning, plying, and
wrapping for production of yarn from sliver;
(D)
creeling, warping, or slashing of yarn packages onto beams
for woven fabrics;
(E)
weaving or knitting of fabrics;
(F)
compaction, Sanforizing, and finishing greige good; or
(G)
dyeing.
(d)
Cleaning equipment. All equipment shall be physically or
mechanically cleaned to remove any fiber or lint and/or a specified quantity
of certified fiber may be passed through each stage of processing to clean
contact surfaces during each specific processing stage and to purge equipment
of any tufts of previously processed stock.
(e)
Waste fiber.
(1)
Cleaning waste used to purge equipment may not be certified
organic or transitional.
(2)
Additional waste including raw stock fiber, carding,
drawing, combing noils, sliver, roving, pneumafil, yarn, beam, or greige good
fabric, if segregated and prevented from contamination from other fiber, volume
recorded and audited via lot, bin or weight, may be recycled or certified
consistent with the certification of the raw fiber from which it was derived.
(f)
Recordkeeping and labeling of waste fiber. All packages
including sliver, roving, yarn warp beam, and bolts of finished fabric shall
be clearly marked during each stage of processing consistent with the certification
of the raw fiber 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 2, 2000.
TRD-200003898
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 22, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 463-4075
4 TAC §18.18
The repeal of §18.18 is adopted under the Texas Agriculture
Code (the Code), §18.002 which provides the Department with the authority
to adopt rules necessary for the enforcement and administration of the Texas
Agriculture Code, Chapter 18, Subchapter A, concerning Organic Standards and
Certification; and the Code, §12.016, which provides the department with
the authority to adopt rules to administer the Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 2, 2000.
TRD-200003899
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 22, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 463-4075