Michigan Laws 286.917 – Registration as certifying agent; demonstration of compliance; requirements
Current as of: 2023 | Check for updates
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To obtain a registration as a certifying agent, an applicant shall demonstrate to the satisfaction of the director all of the following:
(a) Certification standards meeting or exceeding the Michigan organic standards.
Terms Used In Michigan Laws 286.917
- Agricultural product: means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock use or consumption. See Michigan Laws 286.903
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Director: means the director of the department or his or her designee. See Michigan Laws 286.903
- Michigan organic standards: means those organic production and handling standards defined by this act, rules adopted under this act, or both, that are designed to combine organic production or handling practices and an audit trail that will ensure the integrity of organic products from the producer to the consumer. See Michigan Laws 286.907
- 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 plan: means a plan of management of an organic production or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production and handling as described in this act, rules adopted under this act, or both. See Michigan Laws 286.907
- Person: means an individual, group of individuals, contractor, corporation, limited liability company, partnership, joint venture, cooperative, community supported agricultural entity, or any other legal entity. See Michigan Laws 286.907
(b) A requirement that producers or handlers that will be certified establish an organic plan.
(c) The establishing and following of a procedure that allows producers and handlers to appeal an adverse certification determination.
(d) A requirement that each person it certifies demonstrate to the satisfaction of the certifying agent on an annual basis that the person has produced, handled, sold, offered for sale, advertised, or labeled as organic an agricultural product in compliance with the standards imposed under this act.
(e) Providing for at least an annual on-site inspection of each person it certified.
(f) A requirement for the conduct of residue testing of organic products that have been produced on certified organic farms and handled through certified handling operations to determine whether such products contain any prohibited substances if determined necessary by the director.
(g) The following of adequate procedures necessary to carry out the certifying duties of this act.
(h) Protecting against conflict of interest.
(i) The establishing of a process that ensures impartiality of the registrant’s inspectors to include, at a minimum, training in organic certification procedures and other related issues determined necessary and approved by the director.
(j) Providing to the director the names, addresses, and agricultural products certified for all persons certified by the registrant not less than annually or upon request of the director. A certifying agent has a continuing duty to update names or products as deletions and additions occur.
(k) Allowing the director access during normal business hours to relevant records including, but not limited to, business records relating to issuance of the certification, certification documents relating to clients, and laboratory analyses.
(l) Complying with any other reasonable and necessary requirements imposed by the director to ensure compliance with this act.