(1) It is unlawful for any person to sell, offer for sale, or process any agricultural product within this state with an organic label unless that person is certified under this chapter by the department or a recognized organic certifying agent.
(2) Subsection (1) of this section shall not apply to:
(a) Final retailers of organic products that do not process organic products; or
(b) Producers who sell no more than five thousand dollars annually in value of agricultural products directly to consumers.