Michigan Laws 286.913 – Production, sale, or handling of organic products; certification required; exceptions; retail food establishments
Current as of: 2023 | Check for updates
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(1) The following persons must be certified by a certifying agent registered by the department in order to engage in the production, sale, or handling of organic products:
(a) A producer who sells, intends to sell, or represents that he or she is engaged in the business of selling to the public.
Terms Used In Michigan Laws 286.913
- certified: means a determination made by a registered certifying agent that an agricultural product has been produced and handled in compliance with the Michigan organic standards. See Michigan Laws 286.903
- Certifying agent: means an entity registered by the department that certifies production or handling operations or portions of production or handling operations as meeting the Michigan organic standards. See Michigan Laws 286.903
- Commingling: means the mixing together of or physical contact between unpackaged organic products and nonorganic agricultural products during production or handling. See Michigan Laws 286.903
- Department: means the Michigan department of agriculture. See Michigan Laws 286.903
- Director: means the director of the department or his or her designee. See Michigan Laws 286.903
- Handler: means any person engaged in the business of handling agricultural products as organic products including producers who handle crops or livestock of their own production. See Michigan Laws 286.905
- Handling operation: means any operation or portion of an operation that sells, transports, receives, or otherwise acquires agricultural products as organic products and processes, packages, or stores such organic products. See Michigan Laws 286.905
- Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article. See Michigan Laws 286.905
- Organic: means a labeling term referring to an agricultural product produced in accordance with the standards described in this act, rules adopted under this act, or both. See Michigan Laws 286.907
- Organic product: means agricultural products including, but not limited to, crops, livestock, livestock products, or other agricultural products that are produced organically for human or livestock use or consumption. See Michigan Laws 286.907
- Producer: means a person who engages in the business of growing or producing agricultural products. See Michigan Laws 286.907
(b) A handler.
(c) A handling operation except as otherwise provided in this section.
(2) Handling operations, including wholesalers and retailers, that do not process, produce, package, or relabel organic products under their own name or for private label, or make organic claims about their operations or label their operation or a particular part of their operation as organic, are not required to be certified or registered.
(3) A handling operation not required to be certified must demonstrate to the satisfaction of the director that it strictly complies with all of the following:
(a) Implements measures necessary for the prevention of commingling organic and nonorganic products.
(b) Implements measures necessary to protect organic products from coming into contact with prohibited substances.
(c) Maintains records sufficient to prove that organic products are certified and registered as required by this act, rules adopted under this act, or both.
(d) Verifies quantities of organic products in a manner acceptable to the director.
(e) Maintains records sufficient to verify compliance with this act and permits access to those records by the director for inspection and copying during normal business hours in order to determine compliance with this act.
(f) Clearly labels, posts, or maintains original organic certification information or identification of the organic product it handles.
(4) Retail food establishments advertising as organic, labeling as organic, or making organic claims about a final product, their operation, or a particular part of their operation are required to be certified or registered.
(5) Retail food establishments not advertising as organic, not labeling as organic, or not making organic claims about any of the following are not subject to this act:
(a) Their final product.
(b) An ingredient.
(c) Their operation.
(d) A particular part of their operation.
(6) Retail food establishments not required to be certified or registered may offer agricultural products for sale that contain organic and nonorganic components and may use a phrase such as “made with certified organic (specified ingredients)” if those organic components were certified in accordance with this act and the requirements in subsection (3)(b) through (f) are met.