Current as of: 2010
A. The commission shall certify any farm or handling operation in New Mexico that meets the requirements of the Organic Commodity Act and standards set forth in the certification handbook.
B. In order for the certification program to be consistent with the provisions of the Organic Commodity Act, the certification program may:
(1) provide that each food article bearing an organically produced label must be produced on an organically certified farm and handled through an organically certified handling operation in accordance with the Organic Commodity Act;
(2) require the establishment of an organic farm plan;
(3) provide for procedures that allow producers and handlers to appeal an adverse determination under the Organic Commodity Act;
(4) provide for an annual, on-site inspection of each farm and handling operation that has been certified under this section;
(5) make and publish rules and standards for soil inspection and tissue sampling designed to detect prohibited pesticide or fertilizer residues; and
(6) provide for periodic residue testing of food articles and agricultural commodities that have been produced on organically certified farms and handled by organically certified handling operations to determine whether those products contain any unacceptable residue or otherwise indicate whether the provisions of the organic certification program or the Organic Commodity Act have been violated.
U.S. Code Provisions: Organic Foods
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