7 C.F.R. §§ 205.201–205.203

3 sections in range

§205.201. Organic production and handling system plan.

7 C.F.R. § 205.201

(a)

The producer or handler of a production or handling operation, except as exempt under § 205.101, intending to sell, label, or represent agricultural products as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must develop an organic production or handling system plan that is agreed to by the producer or handler and an accredited certifying agent. An organic system plan must meet the requirements set forth in this section for organic production or handling. An organic production or handling system plan must include:

(1)

A description of practices and procedures to be performed and maintained, including the frequency with which they will be performed;

(2)

A list of each substance to be used as a production or handling input, indicating its composition, source, location(s) where it will be used, and documentation of commercial availability, as applicable;

(3)

A description of the monitoring practices and procedures to be performed and maintained, including the frequency with which they will be performed, to verify that the plan is effectively implemented. This must include a description of the monitoring practices and procedures to verify suppliers in the supply chain and organic status of agricultural products received, and to prevent organic fraud, as appropriate to the certified operation's activities, scope, and complexity;

(4)

A description of the recordkeeping system implemented to comply with the requirements established in § 205.103;

(5)

A description of the management practices and physical barriers established to prevent commingling of organic and nonorganic products on a split operation and to prevent contact of organic production and handling operations and products with prohibited substances; and

(6)

Additional information deemed necessary by the certifying agent to evaluate compliance with the regulations.

(b)

A producer may substitute a plan prepared to meet the requirements of another Federal, State, or local government regulatory program for the organic system plan: Provided, That, the submitted plan meets all the requirements of this subpart.

(c)

In addition to paragraph (a) of this section, a producer group operation's organic system plan must describe its internal control system. The description of the internal control system must:

(1)

Define the organizational structure, roles, and responsibilities of all personnel;

(2)

Identify producer group production units and locations;

(3)

Describe measures to protect against potential conflicts of interest and protect internal control system personnel from retribution;

(4)

Define geographic proximity criteria for producer group members and producer group production units;

(5)

Describe procedures for accepting new members into the producer group operation, including initial inspection and compliance determination;

(6)

Describe characteristics of high-risk producer group members and producer group production units;

(7)

Describe how shared resources, including production practices and inputs, are procured and provided to all producer group members and personnel;

(8)

Describe how training, education, and technical assistance is provided to producer group members and internal control system personnel;

(9)

Describe the system of records used to demonstrate compliance with this part, including traceability and mass-balance audits; and

(10)

Describe how internal monitoring, surveillance, inspection, sanctions, and auditing are used to assess the compliance of all producer group members.

Notes, amendments, and revision history

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3622, Jan. 19, 2023]

Authority

Authority: 7 U.S.C. 6501-6524.

Source

Source: 65 FR 80637, Dec. 21, 2000, unless otherwise noted.

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3622, Jan. 19, 2023]

§205.202. Land requirements.

7 C.F.R. § 205.202

Any field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as “organic,” must:

(a)

Have been managed in accordance with the provisions of §§ 205.203 through 205.206;

(b)

Have had no prohibited substances, as listed in § 205.105, applied to it for a period of 3 years immediately preceding harvest of the crop; and

(c)

Have distinct, defined boundaries and buffer zones such as runoff diversions to prevent the unintended application of a prohibited substance to the crop or contact with a prohibited substance applied to adjoining land that is not under organic management.

Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 6501-6524.

Source

Source: 65 FR 80637, Dec. 21, 2000, unless otherwise noted.

§205.203. Soil fertility and crop nutrient management practice standard.

7 C.F.R. § 205.203

(a)

The producer must select and implement tillage and cultivation practices that maintain or improve the physical, chemical, and biological condition of soil and minimize soil erosion.

(b)

The producer must manage crop nutrients and soil fertility through rotations, cover crops, and the application of plant and animal materials.

(c)

The producer must manage plant and animal materials to maintain or improve soil organic matter content in a manner that does not contribute to contamination of crops, soil, or water by plant nutrients, pathogenic organisms, heavy metals, or residues of prohibited substances. Animal and plant materials include:

(1)

Raw animal manure, which must be composted unless it is:

(i)

Applied to land used for a crop not intended for human consumption;

(ii)

Incorporated into the soil not less than 120 days prior to the harvest of a product whose edible portion has direct contact with the soil surface or soil particles; or

(iii)

Incorporated into the soil not less than 90 days prior to the harvest of a product whose edible portion does not have direct contact with the soil surface or soil particles;

(2)

Composted plant and animal materials produced through a process that—

(i)

Established an initial C— N ratio of between 25:1 and 40:1; and

(ii)

Maintained a temperature of between 131 °F and 170 °F for 3 days using an in-vessel or static aerated pile system; or

(iii)

Maintained a temperature of between 131 °F and 170 °F for 15 days using a windrow composting system, during which period, the materials must be turned a minimum of five times.

(3)

Uncomposted plant materials.

(d)

A producer may manage crop nutrients and soil fertility to maintain or improve soil organic matter content in a manner that does not contribute to contamination of crops, soil, or water by plant nutrients, pathogenic organisms, heavy metals, or residues of prohibited substances by applying:

(1)

A crop nutrient or soil amendment included on the National List of synthetic substances allowed for use in organic crop production;

(2)

A mined substance of low solubility;

(3)

A mined substance of high solubility— Provided, That, the substance is used in compliance with the conditions established on the National List of nonsynthetic materials prohibited for crop production;

(4)

Ash obtained from the burning of a plant or animal material, except as prohibited in paragraph (e) of this section: Provided, That, the material burned has not been treated or combined with a prohibited substance or the ash is not included on the National List of nonsynthetic substances prohibited for use in organic crop production; and

(5)

A plant or animal material that has been chemically altered by a manufacturing process— Provided, That, the material is included on the National List of synthetic substances allowed for use in organic crop production established in § 205.601.

(e)

The producer must not use:

(1)

Any fertilizer or composted plant and animal material that contains a synthetic substance not included on the National List of synthetic substances allowed for use in organic crop production;

(2)

Sewage sludge (biosolids) as defined in 40 CFR part 503; and (3) Burning as a means of disposal for crop residues produced on the operation: Except, That, burning may be used to suppress the spread of disease or to stimulate seed germination.

Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 6501-6524.

Source

Source: 65 FR 80637, Dec. 21, 2000, unless otherwise noted.

7 C.F.R. §§ 205.201–205.203

§205.201. Organic production and handling system plan.

Amendments

Authority

Source

Amendments

§205.202. Land requirements.

Authority

Source

§205.203. Soil fertility and crop nutrient management practice standard.

Authority

Source

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