WSR 02-04-109

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 6, 2002, 9:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-14-023.

Title of Rule: Chapter 16-157 WAC, Organic food standards and certification.

Purpose: Chapter 16-157 WAC is the rule for the certification of organic producers, processors, and handlers. The rule provides the application, inspection, sampling, fee schedule and certification criteria for obtaining organic and transitional certification. The rule also adopts the 2001 National Organic Program (NOP) subparts A, C, D, E, sections 205.102 through 205.105, and sections 205.600 through 205.606.

Statutory Authority for Adoption: Chapters 15.86, 34.05 RCW.

Statute Being Implemented: Chapter 15.86 RCW.

Summary: The Washington State Department of Agriculture (WSDA) is proposing to adopt the National Organic Program in Washington state in order to continue to provide organic certification services to the organic food industry and enable producers, processors and handlers to maintain access to the organic market. WSDA is proposing to repeal its existing organic rules and adopt the National Organic Program. WSDA would retain rules that provide clarification to the NOP; specify sampling and inspection requirements; certification and decertification criteria; recordkeeping requirements; application criteria and procedures; fees for certification; and the process and criteria for registering brand name materials. An explanation of the proposed changes is outlined below.

Reasons Supporting Proposal: The proposed changes are needed in order to be in compliance with the National Organic Program and continue to provide organic certification services to the organic food industry and enable producers, processors and handlers to maintain access to the organic market.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Miles McEvoy, Olympia, (360) 902-1924.

Name of Proponent: Organic Food Program, Washington State Department of Agriculture, governmental.

Rule is necessary because of federal law, Title 7 C.F.R. Part 205.

Explanation of Rule, its Purpose, and Anticipated Effects: Organic food standards and certification, and chapter 16-157 WAC, provides the certification procedures and requirements for producers, processors, and handlers of organic food products. The rule specifies application, inspection, sampling, certification and decertification procedures as well as the requirements for recordkeeping and use of the WSDA organic food logos. The rule includes the fee structure for fees charged to applicants for organic certification.

The Organic Food Production Act (OFPA) was passed by congress in 1990. The OFPA authorizes the United States Department of Agriculture (USDA) to create a National Organic Program to implement the federal organic law. In April 2001, the National Organic Program (NOP) became effective. The NOP requires all organic products produced, processed and distributed within the United States to comply with the federal organic standards. Organic producers, processors and handlers in Washington state need to comply with the new regulations in order to continue to produce and market organic food products.

The purpose of the new rule is to adopt the National Organic Program in Washington state in order to continue to provide organic certification to the organic food industry and enable producers, processors and handlers to maintain access to the organic market. The proposal repeals the existing WSDA organic rules and adopts the National Organic Program.

Proposal Changes the Following Existing Rules: The Organic Food Production Act (OFPA) was passed by congress in 1990. The OFPA authorizes the United States Department of Agriculture (USDA) to create a National Organic Program to implement the federal organic law. The National Organic Program (NOP) requires all organic products produced, processed and distributed within the United States to comply with the federal organic standards. Organic producers, processors and handlers in Washington state need to comply with the new regulations in order to produce and market organic food products.

The Washington State Department of Agriculture (WSDA) is proposing to adopt the NOP in Washington state. Adopting the NOP is necessary for WSDA to become accredited as an NOP accredited certifier and to continue to provide organic certification services to the organic food industry.

The new rule adopts the National Organic Program and specifies the details of the Washington state organic certification program. Existing rules for crop production, livestock, processing, certification and handling would be repealed. A comparison between existing organic rules and the new rule is outlined below.


Comparison between existing organic rules and new chapter 16-157 WAC

R = Repealed section, NS = New Section


Chapter 16-154 WAC, Organic crop production standards


Section Proposed change
R WAC 16-154-010

Purpose.

This section has been incorporated into the new purpose section, WAC 16-157-010, within the new organic rule.
R WAC 16-154-030

Definitions.

This section has been incorporated into the new definition section, WAC 16-157-030, within the new organic rule.
R WAC 16-154-040

Organic food production guidelines.

The organic food production guidelines are no longer needed and are repealed.
R WAC 16-154-050

Land requirements.

This section has been incorporated into the new section, WAC 16-157-100, within the new organic rule.
R WAC 16-154-053

Organic farm plan.

This section is repealed. The farm plan requirements are included in the NOP 205.201.
R WAC 16-154-060

Records.

This section has been incorporated into the new section, WAC 16-157-110, within the new organic rule.
R Generic materials list - WAC 16-154-070 through 16-154-120. These sections are repealed, as the materials list will no longer be maintained in rule. The materials list will be maintained by the director under the authority of RCW 15.86.070(2) and will provide a list of approved and prohibited materials that is compliant with the NOP and the state organic statute.
R WAC 16-154-070

Fertilizers, growth promoters, crop production aids and soil amendments.

This section contained the approved and prohibited material list for fertilizers and soil amendments.
R WAC 16-154-080

Insect pest control materials and practices.

This section contained approved and prohibited insecticides.
R WAC 16-154-090

Weed control materials and practices.

This section contained the approved and prohibited materials for weed control.
R WAC 16-154-100

Disease control materials and practices.

This section contained the approved and prohibited material list for disease control.
R WAC 16-154-110

Vertebrate control materials and practices.

This section contained the approved and prohibited material list for vertebrate control.
R WAC 16-154-120

Materials list for organic food production -- Post harvest materials and practices.

This section contained the approved and prohibited material list for post harvest use.
R WAC 16-154-130

Organic mushroom standards.

This section has been incorporated into the new section, WAC 16-157-120, within the new organic certification rule.

Chapter 16-156 WAC, Organic producer and transition to organic producer certification


Section Proposed change
R WAC 16-156-003 Purpose. This section has been incorporated into the new purpose section, WAC 16-157-010, within the new organic rule.
R WAC 16-156-004

Definitions.

This section has been incorporated into the new definition section, WAC 16-157-030, within the new organic rule.
R WAC 16-156-005

Standards for certification.

This section is no longer needed and is repealed. All certification requirements are outlined in chapter 16-157 WAC.
R WAC 16-156-010

Sampling.

This section has been incorporated into the new sampling section, WAC 16-157-255, within the new organic rule.
R WAC 16-156-020

Inspection.

This section has been incorporated into the new inspection section, WAC 16-157-250, within the new organic rule.
R WAC 16-156-030

Certification.

This section has been incorporated into the new organic and transitional producer certification section, WAC 16-157-260, within the new organic rule.
R WAC 16-156-035

Decertification.

This section has been incorporated into the new decertification section, WAC 16-157-280, within the new organic rule.
R WAC 16-156-040

Recordkeeping requirements.

This section has been incorporated into WAC 16-157-110.
R WAC 16-156-050

Application for certification.

This section has been incorporated into the new application section WAC 16-157-200.
R WAC 16-156-060

Fee schedule.

This section has been incorporated into the new producer fee schedule in WAC 16-157-220.
R WAC 16-156-070

Export and transaction certificates.

This section has been moved to WAC 16-157-290, within the new organic certification rule.

Chapter 16-158 WAC, Standards for the certification of processors of organic food


Section Proposed change
R WAC 16-158-010

Purpose.

This section has been incorporated into the new purpose section, WAC 16-157-010.
R WAC 16-158-020

Definitions.

This section has been incorporated into the new definition section, WAC 16-157-030.
R WAC 16-158-027

Application for certification.

This section has been incorporated into the new application section, WAC 16-157-200.
R WAC 16-158-028

Confidentiality.

Moved to WAC 16-157-210.
R WAC 16-158-030

Organic processing standards.

The organic processing standards are within the National Organic Program, subpart C, adopted under WAC 16-157-020.
R WAC 16-158-040

Labeling.

Labeling requirements are within the National Organic Program, subpart D, adopted under WAC 16-157-020.
R WAC 16-158-050

Recordkeeping requirements.

Incorporated in WAC 16-157-110.
R WAC 16-158-060

Minor ingredients and processing aids.

This section is repealed as the minor ingredient and processing aids list will no longer be maintained in rule.

The minor ingredient and processing aids list will be maintained by the director under the authority of RCW 15.86.070(2) and will provide a list of approved and prohibited minor ingredient and processing aids that is compliant with the NOP and the state organic statute.

R WAC 16-158-080

Use of processed organic food certification logo.

Use of organic certification logos will be within the new organic certification rule.
R WAC 16-158-090

Inspection.

This section has been incorporated into the new inspection section WAC 16-157-250.
R WAC 16-158-100

Sampling.

This section has been incorporated into the new sampling section WAC 16-157-255.
R WAC 16-158-110

Other requirements.

No longer needed and repealed. All certification requirements are outlined in chapter 16-157 WAC.
R WAC 16-158-120

Decertification.

This section has been incorporated into the new decertification section, WAC 16-157-280.
R WAC 16-158-130

Application fees.

Moved to WAC 16-157-230.
R WAC 16-158-135

Certification fees.

Moved to WAC 16-157-230.
R WAC 16-158-150

Processed organic food certification logo.

Organic certification logos are moved to WAC 16-157-275.

Chapter 16-162 WAC, Animal production standards for organic meat and dairy products


Section Proposed change
R WAC 16-162-010

Purpose.

Moved to WAC 16-157-010.
R WAC 16-162-025

Certification.

No longer needed. This section is repealed. Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-030

Definitions.

Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-034

Meat from bovine animals, swine, lamb, sheep and goat.

Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-035

Poultry and poultry products.

Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-037

Dairy and dairy products.

Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-040

Emergency feed.

Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-045

Approved and prohibited feed additives.

Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-050

Living conditions.

Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-070

Disease and pest management.

Incorporated in the adoption of the National Organic Program under WAC 16-157-020.
R WAC 16-162-100

Recordkeeping.

Moved to WAC 16-157-110.

Chapter 16-164 WAC, Standards for the certification of handlers of organic food


Section Proposed change
R WAC 16-164-010

Purpose.

Moved to WAC 16-157-010.
R WAC 16-164-020

Definitions.

Moved to WAC 16-157-030.
R WAC 16-164-035

Application for certification.

Moved to WAC 16-157-200.
R WAC 16-164-037

Confidentiality.

Moved to WAC 16-157-210.
R WAC 16-164-040

Standards for handlers.

The organic handling standards are within the National Organic Program, subpart C, adopted under WAC 16-157-020.
R WAC 16-164-050

Post-harvest materials and practices.

This section is repealed, as the post harvest materials list will no longer be maintained in rule. The minor ingredient and processing aids list will be maintained by the director under the authority of RCW 15.86.070(2) and will provide a list of approved and prohibited minor ingredient and processing aids that is compliant with the NOP and the state organic statute.
R WAC 16-164-055

Labels, labeling and market information.

Labeling requirements are within the National Organic Program, subpart D, adopted under WAC 16-157-020.
R WAC 16-164-060

Recordkeeping requirements.

Moved to WAC 16-157-110.
R WAC 16-164-070

Inspections.

Moved to WAC 16-157-250.
R WAC 16-164-080

Sampling.

Moved to WAC 16-157-255.
R WAC 16-164-085

Certification.

Moved to WAC 16-157-270.
R WAC 16-164-090

Decertification.

Moved to WAC 16-157-280.
R WAC 16-164-100

Fee schedule.

Moved to WAC 16-157-240.
R WAC 16-164-110

Organic food handler certification logo.

Organic certification logos are moved to WAC 16-157-275.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule is being adopted to comply with federal law. The National Organic Program (NOP) requires all organic products produced, processed and distributed within the United States to comply with the federal organic standards.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Room 175A, Natural Resources Building, 1111 Washington Street, 1st Floor, Olympia, WA 98504-2560, on March 12, 2002, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Julie Carlson by March 6, 2002, TDD (360) 902-1996, or (360) 902-1880.

Submit Written Comments to: Miles McEvoy, Organic Food Program, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2087, by 5 p.m., March 12, 2002.

Date of Intended Adoption: March 15, 2002.

February 4, 2002

Kathryn Joyce Smith

Assistant Director

OTS-5387.2

Chapter 16-157 WAC

ORGANIC FOOD STANDARDS AND CERTIFICATION

PART I

GENERAL PROVISIONS
NEW SECTION
WAC 16-157-010   Purpose.   This chapter is promulgated pursuant to RCW 15.86.060 wherein the director is authorized to adopt rules for the proper administration of the Organic Food Products Act and pursuant to RCW 15.86.070 wherein the director is authorized to adopt rules establishing a certification program for producers, processors and handlers of organic and transitional food.

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NEW SECTION
WAC 16-157-020   Adoption of the National Organic Program.   The 2001 National Organic Program final rule, subparts A, C, D, E, sections 205.102 through 205.105, and sections 205.600 through 205.606 is adopted by reference as Washington state standards for the production and handling of organic crops, livestock and processed food products. The applicable sections of the 2001 National Organic Program final rule may be obtained from the department.

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NEW SECTION
WAC 16-157-030   Definitions.   As used in this chapter:

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department of agriculture or his or her duly authorized representative.

(3) "Distribute" means to offer for sale, hold for sale, sell, barter, deliver, or supply materials in this state.

(4) "Facility" includes, but is not limited to, any premises, plant, establishment, facilities and the appurtenances thereto, in whole or in part, where organic food is prepared, handled, or processed in any manner for resale or distribution to retail outlets, restaurants, and any such other facility selling or distributing to the ultimate consumer.

(5) "Growing medium" means the material utilized by fungi as a substrate for growth.

(6) "Growing medium amendment" means a nutritional supplement added to the growing medium to enhance vigor and yields.

(7) "Handle" means to sell, arrange the sale of, represent, process, distribute or package organic food products.

(8) "Handler" means any person who sells, arranges the sale of, represents, processes, distributes, or packs organic food products.

(9) "Label" means all written, printed, or graphic material on the immediate container or accompanying or representing the product.

(10) "Labeling" means all labels and other written, printed, or graphic matter (a) upon any article or any of its containers or wrappers, or (b) accompanying or representing such article.

(11) "New applicant" means any person that applies for organic certification for the first time, or when previous certification status has expired for at least one year.

(12) "Organic food product" means any agricultural product, including fruit, vegetable, meat, dairy, beverage and grocery, that is marketed using the term organic or any derivative of the term organic in its labeling or advertising, including using the term organic on the principal display panel, ingredients list or other locations on the label.

(13) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any other member, officer, or employee thereof or assignee for the benefit of creditors.

(14) "Principal display panel" means that portion of the package label that is most likely seen by the consumer at the time of purchase.

(15) "Processor" means any handler engaged in the canning, freezing, drying, dehydrating, cooking, pressing, powdering, packaging, baking, heating, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, jarring, slaughtering or otherwise processing organic food.

(16) "Producer" means any person or organization who or which grows, raises or produces an agricultural product.

(17) "Prohibited" means any material or practice which does not meet the required criteria or standards for use in the production or handling of organic or transitional agricultural products.

(18) "Renewal applicant" means any person that has received organic certification from the department in the previous year.

(19) "Retail facility" means any facility, in whole or in part, that sells organic food products directly to consumers.

(20) "Retailer" means any handler that sells organic food products directly to consumers.

(21) "Sale" means selling, offering for sale, holding for sale, preparing for sale, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media.

(22) "Site" means a defined field, orchard, block, pasture, paddock, garden, circle, plot or other designated area.

(23) "Spawn" means a medium that has been colonized with the desired fungal mycelia. It is used to inoculate growing medium.

(24) "Transitional food product" means any agricultural product that (a) is marketed using the term transitional in its labeling and advertising and (b) satisfies all of the requirements of organic food except that it has had no applications of prohibited substances within one year prior to the harvest of the crop.

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PART II

ORGANIC PRODUCTION AND HANDLING STANDARDS
NEW SECTION
WAC 16-157-100   Land requirements.   In order to meet the requirements of the National Organic Program section 205.202 producers of organic crops must comply with the following requirements.

(1) Buffer zones: Crops harvested and marketed as "organic," "organically grown," or "transitional" shall be grown, raised, or produced within the meaning of RCW 15.86.030 at least twenty-five feet from the nearest application of prohibited materials. Crops grown in the buffer zone may not be marketed as "organic" or "transitional."

(2) Boundaries of site: The boundaries of each site in organic or transitional production must be clearly and unambiguously identified along all borders. Identification may consist of flagging, fences, posts, signs, roads or other markers.

(3) Roadside and right of way vegetation management: Nonchemical vegetation management agreements must be established with road departments, railroads, irrigation districts, and other rights of way that are in proximity to organic and transitional food production, or, where no agreement is possible, adequate buffer zones must be established.

(4) Notification: Producers of organic and transitional crops must notify owners and/or managers of adjoining land that they are producing organic and/or transitional crops. The notification must state the location of the sites in organic and transitional food production. Notification must be made on an annual basis.

(5) Transitional requirements: Organic crops must have had no applications of prohibited materials to the crops or land for three years prior to the harvest of the organic crop. Transitional crops must have had no applications of prohibited materials to the crops or land for one year prior to the harvest of the transitional crop.

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NEW SECTION
WAC 16-157-110   Records.   In order to meet the requirements of the National Organic Program section 205.103 the following records must be maintained.

(1) Organic crop production records. All producers of organic and transitional crops shall keep accurate records of:

(a) The location of the acreage used for growing such products;

(b) The materials applied, excluding water, made to the soil or applied to the plant or added to irrigation water. The records of materials applied shall include the date the material was applied, the quantity of the material applied, the application rate and the name of the material applied. Brand name materials must be identified by the complete brand name. Unbranded materials must be identified by type of material (e.g., chicken manure) and source (e.g., XYZ poultry farm);

(c) Sales of all certified organic and transitional crops produced and sold;

(d) Yield records for all organic and transitional crops sold in the wholesale market or to processors.

(2) Organic livestock production records. All organic livestock must be ear tagged or individually marked with the exception of poultry, which may be identified by flock. All producers of organic livestock shall keep accurate records of:

(a) All disease and pest management materials administered including dates administered, material type, dosages, and sources;

(b) All feed purchased including dates received, quantities received, and a copy of organic certificates;

(c) The weight of slaughter animals at slaughter and weight of post-slaughter animal products; and

(d) Sales records of all organic animal products sold.

(3) Organic handler records.

(a) Handlers must maintain records that track organic food products from receiving through distribution, shipping or sale. Such records may include the following: Invoices, bills of lading, date and quantity of product handled, repack data, and production run reports.

(b) All handlers must have available copies of organic food certificates for all organic food products. Organic food certificates must be current and correspond to the organic food products handled by the facility. All organic food certificates must be issued by a certification agency recognized by the director.

(c) All records associated with organic food products must clearly indicate that the product is an organic food product.

(d) Identification: All organic food products must be clearly identified at all times with appropriate labeling on all boxes, bins, bags, or other containers that contain organic food products.

(4) Inadequate recordkeeping may constitute cause for the director to prohibit labeling products as organic.

(5) Such records shall be retained for five years.

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NEW SECTION
WAC 16-157-120   Organic mushroom standard.   (1) The producer must maintain a production environment that prevents contact between organically produced mushrooms and prohibited substances throughout the entire growing cycle, harvesting and post-harvesting process. The producer must not use lumber treated with arsenate or other prohibited materials for new installations or replacement purposes in contact with the growth substrate.

(2) Organic and nonorganic production must be in separate facilities and have separate ventilation systems.

(3) The producer must use organically produced spawn.

(4) The producer may use nonorganic agar medium that may contain antibiotics not to exceed 1/25th of a gram per liter of agar mix.

(5) Agricultural materials including grain and straw that are used in production substrate must be organically produced. Sawdust, logs or other materials derived from wood used as a growth substrate must originate from trees that have been grown in areas free of prohibited materials for at least three years, and must not have been treated with a prohibited substance after tree harvest. Producers may include nonsynthetic, nonagricultural materials in substrate used to produce mushrooms.

(6) All growing medium amendments must be certified organic.

(7) Manure and any nonorganic agricultural material used as a growth substrate must be from an organic source. Compost used as a growth substrate must consist of certified organic feedstocks.

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PART III

ORGANIC CERTIFICATION
NEW SECTION
WAC 16-157-200   Application for certification.   (1) All producers, processors and handlers of organic food products must be certified by a National Organic Program accredited certification agency except for:

(a) Producers who sell no more than five thousand dollars annually in value of agricultural products directly to consumers; and

(b) Retailers that do not process organic food products.

(2) Retailers and exempt producers of organic food products may be certified under this chapter.

(3) Applications for organic certification must be accompanied by the appropriate fee and must be submitted annually to the department on forms furnished by the department.

(4) The application must include an organic production or handling system plan.

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NEW SECTION
WAC 16-157-210   Confidentiality.   Except for applications and laboratory analyses submitted for certification under this chapter, the department keeps confidential any business-related information obtained under this chapter. All business-related information submitted to the department under this chapter is exempt from public inspection and copying consistent with RCW 15.86.110 and 42.17.310.

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NEW SECTION
WAC 16-157-220   Producer fee schedule.   Producers who wish to apply for the organic food certification program must apply to the department each year.

(1) The cost per application shall be based on the following fee schedule.

(a) Renewal applicants -

Application fees are based on the previous calendar year's sales of organic food. In the event that the current calendar year's sales exceed the previous year's sales, the department may bill the producer for the additional fee. In the event that the current calendar year's sales are less than the previous year's sales, the producer may request a refund for the reduced fee. In addition, renewal applications postmarked after March 1, shall pay a late fee of fifty dollars. Renewal applicants that are adding additional sites to their organic certification must pay a new site fee of fifty dollars for each additional site.

(b) New applicants -

Application fees shall be based on an estimate of the current year's sales of organic food. In the event that the current calendar year's sales exceed the estimate, the department may bill the producer for the additional fee. In the event that the current calendar year's sales are less than the estimate, the producer may request a refund for the reduced fee. In addition, new applicants pay a seventy-five dollar new applicant fee. New applicants that are seeking organic certification for more than one site must pay a site fee of fifty dollars for each additional site. The fee shall accompany the application.


SALES ANNUAL FEE
$ 0 - $ 12,000 . . . . . . . . . . . . . . . . . . . . . $ 165
$ 12,001 - $ 15,000 . . . . . . . . . . . . . . . . . . . . . $ 200
$ 15,001 - $ 20,000 . . . . . . . . . . . . . . . . . . . . . $ 220
$ 20,001 - $ 25,000 . . . . . . . . . . . . . . . . . . . . . $ 275
$ 25,001 - $ 30,000 . . . . . . . . . . . . . . . . . . . . . $ 330
$ 30,001 - $ 35,000 . . . . . . . . . . . . . . . . . . . . . $ 385
$ 35,001 - $ 42,500 . . . . . . . . . . . . . . . . . . . . . $ 465
$ 42,501 - $ 50,000 . . . . . . . . . . . . . . . . . . . . . $ 550
$ 50,001 - $ 65,000 . . . . . . . . . . . . . . . . . . . . . $ 660
$ 65,001 - $ 80,000 . . . . . . . . . . . . . . . . . . . . . $ 825
$ 80,001 - $100,000 . . . . . . . . . . . . . . . . . . . . . $ 990
$100,001 - $125,000 . . . . . . . . . . . . . . . . . . . . . $1,100
$125,001 - $150,000 . . . . . . . . . . . . . . . . . . . . . $1,150
$150,001 - $175,000 . . . . . . . . . . . . . . . . . . . . . $1,320
$175,001 - $200,000 . . . . . . . . . . . . . . . . . . . . . $1,375
$200,001 - $240,000 . . . . . . . . . . . . . . . . . . . . . $1,540
$240,001 - $280,000 . . . . . . . . . . . . . . . . . . . . . $1,595
$280,001 - $325,000 . . . . . . . . . . . . . . . . . . . . . $1,650
$325,001 - $375,000 . . . . . . . . . . . . . . . . . . . . . $1,720
$375,001 - $425,000 . . . . . . . . . . . . . . . . . . . . . $2,200
$425,001 - $500,000 . . . . . . . . . . . . . . . . . . . . . $2,300
$500,001 - $750,000 . . . . . . . . . . . . . . . . . . . . . $2,750
$750,001 and up . . . . . . . . . . . . . . . . . . . . . $2,000 plus 0.10% of gross organic sales

(2) Transitional acreage fee - In addition to the producer application fee, each applicant shall pay a fee of five dollars per acre for the land for which they are requesting transitional certification.

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NEW SECTION
WAC 16-157-230   Processor fee schedule.   Processors who wish to apply for the organic food certification program must apply to the department each year.

(1) Application fee.

(a) Renewal applicants - Application fees are one hundred fifty dollars per facility. In addition, renewal applications postmarked after March 1, pay a late fee of fifty dollars.

(b) New applicants - Application fees are one hundred fifty dollars per facility. In addition, new applicants pay a seventy-five dollar new applicant fee.

(2) Certification fee - A certification fee based on the following fee schedule must accompany the application. Certification fees are assessments on the organic products in each category. New applicants must base certification fees on an estimate of sales in each category. Renewal applicants base certification fees on the previous calendar year's sales in each category. Applicants may have food products in more than one category.

Category I - Organic food products: Products labeled as "organic" or "one hundred percent organic" are assessed at 0.275% of the previous calendar year's sales for the first million dollars and 0.10% for sales above one million dollars.

Category II - Made with organic food products: Products labeled as "made with organic ingredients" are assessed 0.175% of the previous calendar year's sales for the first million dollars and 0.06% for sales above one million dollars.

Category III - Food products with organic ingredients: Products packaged for retail sales that limit their organic claims to the information panel are assessed 0.10% of the previous calendar year's sales for the first million dollars and 0.30% for sales above one million dollars.

Category IV - Custom organic food products: Products produced by processors who charge a service fee to organic manufacturers for processing organic food are assessed at 0.35% of the previous calendar year's service fees received for processing organic food for the first million dollars and 0.10% for service fees above one million dollars.

In the event that the current calendar year's sales (or service fees) exceed the previous year's sales (or service fees) or estimate of sales, the department may bill the applicant for the additional certification fee. In the event that the current calendar year's sales (or service fees) are less than the previous year's gross sales (or service fees) or estimate of sales, the applicant may request a refund for the reduced certification fee.

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NEW SECTION
WAC 16-157-240   Handler fee schedule.   Handlers who wish to apply for the organic food certification program must apply to the department each year. Handlers that process organic food products must apply for organic certification under WAC 16-157-230. All other handlers of organic food products may apply for organic certification under this section.

(1) Renewal applicants. Application fees must be based on the previous calendar year's sales of organic food. In the event that the current calendar year's sales exceed the previous year's sales, the department may bill the handler for the additional fee. In the event that the current calendar year's sales are less than the previous year's sales, the producer may request a refund for the reduced fee. In addition, renewal applications postmarked after March 1 must pay a late fee of fifty dollars.

(2) New applicants. Application fees must be based on an estimate of the current year's sales of organic food. In the event that the current calendar year's sales exceed the estimate, the department may bill the handler for the additional fee. In the event that the current calendar year's sales are less than the estimate, the handler may request a refund for the reduced fee. In addition, new applicants must pay a seventy-five dollar new applicant fee.

(3) The cost per facility must be based on the following fee schedule. The appropriate fee must accompany the application.

ORGANIC SALES FEE
Sales under $ 25,000 . . . . . . . . . . . . . . . . . $ 75
$ 25,001 - $ 50,000 . . . . . . . . . . . . . . . . . $ 150
$ 50,001 - $ 75,000 . . . . . . . . . . . . . . . . . $ 225
$ 75,001 - $ 100,000 . . . . . . . . . . . . . . . . . $ 300
$ 100,001 - $ 200,000 . . . . . . . . . . . . . . . . . $ 400
$ 200,001 - $ 300,000 . . . . . . . . . . . . . . . . . $ 500
$ 300,001 - $ 400,000 . . . . . . . . . . . . . . . . . $ 600
$ 400,001 - $ 500,000 . . . . . . . . . . . . . . . . . $ 700
$ 500,001 - $ 750,000 . . . . . . . . . . . . . . . . . $ 900
$ 750,001 - $ 1,000,000 . . . . . . . . . . . . . . . . . $ 1,000
$1,000,001 - $ 1,250,000 . . . . . . . . . . . . . . . . . $ 1,250
$1,250,001 - $ 1,500,000 . . . . . . . . . . . . . . . . . $ 1,500
$1,500,001 - $ 2,000,000 . . . . . . . . . . . . . . . . . $ 2,000
$2,000,001 - $ 2,500,000 . . . . . . . . . . . . . . . . . $ 2,500
$2,500,001 - $ 3,000,000 . . . . . . . . . . . . . . . . . $ 3,000
$3,000,001 - $ 4,000,000 . . . . . . . . . . . . . . . . . $ 3,500
$4,000,001 - $ 5,000,000 . . . . . . . . . . . . . . . . . $ 4,000
$5,000,001 - $ 6,000,000 . . . . . . . . . . . . . . . . . $ 5,000
$6,000,001 - $ 7,000,000 . . . . . . . . . . . . . . . . . $ 6,000
$7,000,001 - $ 8,000,000 . . . . . . . . . . . . . . . . . $ 7,000
$8,000,001 - $ 9,000,000 . . . . . . . . . . . . . . . . . $ 8,000
$9,000,001 - $10,000,000 . . . . . . . . . . . . . . . . . $ 9,000
over $10,000,001 . . . . . . . . . . . . . . . . . $10,000

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NEW SECTION
WAC 16-157-250   Inspections.   The director shall make at least one inspection and any additional inspections deemed necessary to each applicant each year to determine compliance with this chapter and chapter 15.86 RCW and rules adopted pursuant to chapter 15.86 RCW. This inspection may entail a survey of required records, examination of fields, facilities and storage areas, and any other information deemed necessary by the requirements of this chapter.

Two inspections within the state of Washington are provided for under the application and certification fees. Additional inspections, if necessary or requested, will be charged to the applicant at the rate of thirty dollars per hour plus mileage set at the rate established by the state office of financial management. Out-of-state inspections, if necessary or requested, shall be at the rate of $30/hr. plus transportation costs.

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NEW SECTION
WAC 16-157-255   Sampling.   A representative sample of the product may be tested for pesticide or other contaminants whenever the director deems it necessary for certification or maintenance of certification. One sample analysis is provided under the application and certification fee. Additional samples, if required for certification or maintenance of certification by the director, or requested by the applicant, will be charged to the applicant at a rate established by the laboratory services division of the department of agriculture. If an additional visit must be arranged to obtain a sample, it will be charged at the rate of thirty dollars per hour plus mileage set at the rate established by the state office of financial management.

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NEW SECTION
WAC 16-157-260   Organic and transitional producer certification.   (1) The conditions for obtaining organic and transitional producer certification are the following:

(a) Inspection of the applicant by the department of agriculture showed no use of prohibited materials or practices as defined in chapter 15.86 RCW or rules adopted thereunder; and

(b) Recordkeeping practices meet the requirements specified in rules adopted under chapter 15.86 RCW; and

(c) Analysis of samples taken by the department of agriculture showed no prohibited substance usage or contamination; and

(d) No application of prohibited substances, as defined in chapter 16-154 WAC, has been applied to the site being certified for:

At least three years prior to the harvest of organic food; or

At least one year prior to the harvest of transitional food.

Organic producers certified under this chapter may use the attached organic producer logo to identify organic food products.

Transitional producers certified under this chapter may use the attached transitional producer logo to identify transitional food products.

(2) For each site, the director must review the application, inspection report and results of any samples collected to determine that the producer has complied with the conditions for organic or transitional food certification on that site. For each site, a certificate will be issued when the director determines that the producer has complied with the conditions for organic or transitional food producer certification on that site.

(3) In no event shall organic food products be distributed or sold prior to the issuing of an organic food certificate by the department of agriculture for that year. New applicants and new sites must be inspected by the department before an organic food certificate is issued.

(4) Beginning in the year 2002, each site must meet the following conditions prior to the issuance of an organic food producer certificate for that site:

(a) The site must have been previously certified as organic; or

(b) The site must have been certified as second year transitional in the previous year; or

(c) The producer has documentation that verifies that the site was in pasture or not being farmed during the previous two years; or

(d) The department determines that the site was producing organic crops in the previous year and the producer was exempted from certification under RCW 15.86.090 (2)(b).

(5) Beginning in the year 2003, prior to the issuance of a second year transitional food producer certificate:

(a) The site must have been certified as first year transitional in the previous year; or

(b) The producer has documentation that verifies that the site was in pasture or not being farmed during the previous year; or

(c) The department determines that the site was producing first year transitional crops in the previous year and the producer was exempted from certification under RCW 15.86.090 (2)(b).

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NEW SECTION
WAC 16-157-270   Organic food processor and handler certification.   (1) The conditions of organic food processor and handler certification are the following:

(a) Inspection of the processor or handler by the department of agriculture showed no use of prohibited materials or practices as defined in chapter 15.86 RCW or rules adopted thereunder; and

(b) Recordkeeping practices meet the requirements specified in rules adopted under chapter 15.86 RCW; and

(c) Analysis of samples taken by the department of agriculture showed no prohibited substance usage or contamination.

(2) The director must review the application, inspection report and results of any samples collected to determine that the processor or handler has complied with the conditions for organic food certification. An organic food certificate will be issued when the director determines that the processor or handler has complied with the conditions for organic food certification.

(3) In no event shall organic food products be processed or handled by a facility prior to the issuing of an organic food certificate by the department of agriculture for that year. New applicants must be inspected by the department before an organic food certificate is issued.

(4) Processors certified under this chapter may use the attached organic processor logo to identify organic food products processed by the facility.

(5) Handlers certified under this chapter may use the attached organic handler logo to identify organic food products handled by the facility.

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NEW SECTION
WAC 16-157-275   Organic and transitional certification logos.  

Place illustration here.

Place illustration here.

Place illustration here.

Place illustration here.

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NEW SECTION
WAC 16-157-280   Decertification.   Whenever the director finds that a producer, processor or handler who has been certified under this program has:

(1) Violated the standards for certification which are set forth in RCW 15.86.030 or any rules adopted under chapter 15.86 RCW;

(2) Filed an application for certification which is false or misleading in any particular;

(3) Violated any of the provisions of this chapter;

(4) Failed to provide records as required under chapter 15.86 RCW or any rules adopted under chapter 15.86 RCW; or

(5) Failed to allow inspection to take place.

The director may issue an order denying, suspending, or revoking that producer, processor, or handler's certification under this program. The director may also issue an order directing the producer, processor or handler to take other appropriate action to correct the violation. If appropriate action is taken, the producer, processor or handler may be returned to its previous status under the program.

Any producer, processor, or handler who has received notice that its certification may be denied, suspended, or revoked under this section may apply for a hearing under the Washington Administrative Procedure Act, chapter 34.05 RCW.

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NEW SECTION
WAC 16-157-290   Export and transaction certificates.   (1) Organic export and transaction certificates are issued to verify that a specific shipment of organic food products has been produced, processed, and handled in accordance with chapter 15.86 RCW and rules adopted thereunder.

(2) Applications for export and transaction certificates must be submitted on forms furnished by the department. The applicant must furnish all information requested on the application. A separate application must be made for each export and transaction certificate.

(3) The fee for export and transaction certificates shall be thirty dollars per application.

[]

OTS-5388.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 16-154-010 Purpose.
WAC 16-154-030 Definitions.
WAC 16-154-040 Organic food production guidelines.
WAC 16-154-050 Organic crop production standards.
WAC 16-154-053 Organic farm plan.
WAC 16-154-060 Records.
WAC 16-154-070 Fertilizers, growth promoters, crop production aids and soil amendments.
WAC 16-154-080 Insect pest control materials and practices.
WAC 16-154-090 Weed control materials and practices.
WAC 16-154-100 Disease control materials and practices.
WAC 16-154-110 Vertebrate control materials and practices.
WAC 16-154-120 Materials list for organic food production -- Post-harvest materials and practices.
WAC 16-154-180 Mushroom standards.

OTS-5278.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 16-156-003 Purpose.
WAC 16-156-004 Definitions.
WAC 16-156-005 Standards for certification.
WAC 16-156-010 Sampling.
WAC 16-156-020 Inspection.
WAC 16-156-030 Certification.
WAC 16-156-035 Decertification.
WAC 16-156-040 Recordkeeping requirements.
WAC 16-156-050 Application for certification.
WAC 16-156-060 Fee schedule.
WAC 16-156-070 Export and transaction certificates.

OTS-5101.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 16-158-010 Purpose.
WAC 16-158-020 Definitions.
WAC 16-158-027 Application for certification.
WAC 16-158-028 Confidentiality.
WAC 16-158-030 Organic processing standards.
WAC 16-158-040 Labeling.
WAC 16-158-050 Recordkeeping requirements.
WAC 16-158-060 Minor ingredients and processing aids.
WAC 16-158-080 Use of processed organic food certification logo.
WAC 16-158-090 Inspection.
WAC 16-158-100 Sampling.
WAC 16-158-110 Other requirements.
WAC 16-158-120 Decertification.
WAC 16-158-130 Fees.
WAC 16-158-135 Certification fees.
WAC 16-158-150 Processed organic food certification logo.

OTS-5102.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 16-162-010 Purpose.
WAC 16-162-025 Certification.
WAC 16-162-030 Definitions.
WAC 16-162-034 Meat from bovine animals, swine, lamb, sheep, and goat.
WAC 16-162-036 Poultry and poultry products.
WAC 16-162-037 Dairy products.
WAC 16-162-040 Emergency feed.
WAC 16-162-045 Approved and prohibited feed additives.
WAC 16-162-050 Living conditions.
WAC 16-162-070 Disease and pest management.
WAC 16-162-100 Recordkeeping.

OTS-5103.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 16-164-010 Purpose.
WAC 16-164-020 Definitions.
WAC 16-164-035 Application for certification.
WAC 16-164-037 Confidentiality.
WAC 16-164-040 Organic handler standards.
WAC 16-164-050 Postharvest materials and practices.
WAC 16-164-055 Labels, labeling and market information.
WAC 16-164-060 Recordkeeping requirements.
WAC 16-164-070 Inspections.
WAC 16-164-080 Sampling.
WAC 16-164-085 Certification.
WAC 16-164-090 Decertification.
WAC 16-164-100 Fee schedule.
WAC 16-164-110 Organic food handler certification logo.

Washington State Code Reviser's Office