The
Michigan Department of Agriculture and Rural Development Pesticide and Plant Pest Management
Division administers registration of organic producers, handlers and certifying
agents. It also prescribes fees associated with registration, development of a
data system to track organic products produced by registered producers,
development and implementation of organic production standards, and enforcement
through investigation and sampling programs.
Anyone producing organic products, handling organic products or certifying
organic operations in Michigan,
needs to comply with Act 316 registration requirements.
A. NAME OF PERMIT OR APPROVAL:
Organic Handlers/Producers:
Organic Handlers/Producers Registration Application (PI-225) This form
is available on MDARD's website.
Organic Certifying Agent:
Organic Certifying Agent Registration Application (PI-224) This form
is available on MDARD's website.
B. STATUTORY AUTHORITY:
Michigan Organic
Products Act, Act 316 of 2000
C. APPLICABLE REGULATION:
No administrative rules.
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
1. Applicability (activities that require registration)
Organic Handlers/Producers:
Any organic handler/producer who produces, processess,
packages or re-labels either under their own name or for a private label, or
makes organic claims about their operation or a portion thereof must be
registered with the Michigan Department of Agriculture and Rural Development.
Organic Certifying Agent:
Anyone certifying organic operations in Michigan must comply with Act 316
registration requirements.
2.
Pre-Application Requirements
Organic Handlers/Producers:
Complete annually Organic
Registration Application Form (PI-225) and a list of the organic products
produced, packaged or processed, and the appropriate fee.
Organic Certifying Agent:
Complete annually Organic
Registration Application Form (PI-224).
Meet the requirements of, and be accredited by, the National Organic Program
(NOP).
Meet the requirements of Michigan Organic Products Act 316 of 2000, and
remain in compliance with the Act.
Annually conduct on-site inspections, and require that producers/handlers
have an organic plan.
Have procedures in place that allow producers/handlers to appeal an adverse
certification determination.
Conduct annual residue testing if requested.
Protect against conflict of interest.
Provide an annual list at the time of registration to the Michigan Department
of Agriculture and Rural Development (MDARD).
This list should include: Names, addresses, and agricultural products
certified.
Names and addresses of inspectors working for your agency
and their credentials.
Furthermore, you must contact MDARD and update the above list during the year
as changes occur, and, if requested, allow MDARD to access all certification
records.
Submit completed application along with registration fee
3.
Application Submission Requirements
Organic Handlers/Producers:
Completed application due December of each year and
appropriate fee.
Organic Certifying Agent:
Completed application due December of each year and
appropriate fee.
4.
Procedures and Time-Frame for Obtaining Permit or Approval
Organic Handlers/Producers:
Submittal of all required registration information on
forms provided by MDARD.
Submittal is to be made to the PPPM division of the MDARD by December 1 of the
current year.
Organic Certifying Agent:
Submittal is to be made to the PPPM division of the MDARD by December 1 of the
current year.
5.
Operational Requirements
Organic Handlers/Producers:
Complete application and submit.
Organic Certifying Agent:
Complete application and submit.
6.
Fees
Organic Handlers/Producers:
Gross Organic Sales: Annual Registration Fee:
$0 - $5,000 $10
$5,001 - $25,000 $25
$25,001 - $100,000 $50
$100,001 - $500,000 $100
$500,001 - $1,000,000 $200
$1,000,001 - above $400
Organic Certifying Agent:
Annual Registration Fee: $200.00
7.
Appeal Process
Organic Handlers/Producers:
In defense of an action filed under this act and in addition to any other
unlawful defense, a person may present evidence as an affirmative defense that,
at the time of the alleged violation, he or she was in compliance with this act
and rules promulgated under this act.
Organic Certifying Agent:
In defense of an action filed under this act and in addition to any other
unlawful defense, a person may present evidence as an affirmative defense that,
at the time of the alleged violation, he or she was in compliance with this act
and rules promulgated under this act.
8.
Public Input Opportunities
Organic Handlers/Producers:
Any complaints should be directed to the Lansing office at 517-373-0280.
Lists of registered handlers, producers and certifying agencies are
available on the MDARD website:
E. Contact Information:
Contact
Us
Creation/Revision Date:
09/01/2010