---
kind: "section"
citation: "7 C.F.R. § 1215.300"
title: "7"
number: "1215.300"
heading: "Exemption procedures."
url: "https://uscodex.org/cfr/7/1215.300"
---

# §1215.300. Exemption procedures.

- (a) Any processor who markets 4 million pounds or less of popcorn annually and who desires to claim an exemption from assessments during a fiscal year as provided in [§ 1214.52](/cfr/7/1214.52.md) of this part shall apply to the Board, on a form provided by the Board, for a certificate of exemption. Such processor shall certify that the processor's marketing of popcorn during the previous fiscal year was 4 million pounds or less.
- (b) Persons eligible for an organic assessment exemption as provided in [§ 1215.52(b)](/cfr/7/1215.52.md?p=b) may apply for such an exemption by submitting a request to the Board on an Organic Exemption Request Form (Form AMS-15) at any time during the year initially, and annually thereafter on or before January 1, as long as the processor continues to be eligible for the exemption.
- (c) A processor request for exemption shall include the following:
  - (1) The applicant's full name, company name, address, telephone and fax numbers, and email address;
  - (2) Certification that the applicant maintains a valid certificate of organic operation issued under the OFPA and the NOP;
  - (3) Certification that the applicant processes organic products eligible to be labeled “organic” or “100 percent organic” under the NOP;
  - (4) A requirement that the applicant attach a copy of their certificate of organic operation issued by a USDA-accredited certifying agent under the OFPA and the NOP;
  - (5) Certification, as evidenced by signature and date, that all information provided by the applicant is true; and
  - (6) Such other information as may be required by the Board, with the approval of the Secretary.
- (d) Upon receipt of an application, the Board shall determine whether an exemption may be granted and issue a Certificate of Exemption to the processor within 30 calendar days. If the application is disapproved, the Board will notify the applicant of the reason(s) for disapproval within the same timeframe.
- (e) Any person who desires to renew the exemption from assessments for a subsequent fiscal year shall reapply to the Board by January 1 of that year.
- (f) The exemption will apply at the first reporting period following the issuance of the Certificate of Exemption.
- (g) The Board may require persons receiving an exemption from assessments to provide to the Board reports on the disposition of exempt popcorn.

## Notes

### Amendments

[62 FR 39389, July 22, 1997, as amended at 70 FR 2757, Jan. 14, 2005; 80 FR 82028, Dec. 31, 2015]

### Authority

Authority: 7 U.S.C. 7481-7491 and 7 U.S.C. 7401.

### Source

Source: 62 FR 39389, July 22, 1997, unless otherwise noted.

### Amendments

[62 FR 39389, July 22, 1997, as amended at 70 FR 2757, Jan. 14, 2005; 80 FR 82028, Dec. 31, 2015]