R68. Agriculture and Food, Plant Industry.
R68-20. Utah Organic Standards.
Promulgated under authority of Sections 4-2-103(1)(i), 4-3-201, 4-4-102, 4-5-104, 4-9-103, 4-11-103, 4-12-3, 4-14-106, 4-16-103, 4-32-109, 4-37-109(2).
A. The Utah Department of Agriculture and Food (UDAF) adopts and incorporates by reference CFR, October 1, 2017 edition, Title 7 Part 205, National Organic Program Final Rule.
1. UDAF will make available to all its applicants for certification and producers of organic products, copies of the National Organic Program Final Rule.
R68-20-2. Definitions and Terms.
A. For the purpose of this rule, words in the singular form shall be deemed to impart the plural and vice versa, as the case may demand.
1. "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food, or the commissioner's representative.
2. "Distributor" means a handler that purchases products under its own name, usually from a shipper, processor, or another distributor. Distributors may or may not take physical possession of the merchandise. A distributor is required to be certified if that person both takes title to the organic products and substantially transforms, processes, repackages or re-labels these products.
3. "Food (and food products)" means material, usually of plant or animal origin, containing or consisting of essential body nutrients, as carbohydrates, fats, proteins, vitamins, and minerals, that is taken in and assimilated by an organism to maintain life and growth. Food products include all agricultural and horticultural products of the soil, apiary and apiary products, poultry and poultry products, livestock and livestock products, dairy products and aquaculture products.
4. "Registration" means an agreement or contract that grants a certified operator the right to use a certificate or certification mark in accordance with organic standards and certification requirements.
5. "Utah Department of Agriculture and Food Organic Seal" means the seal to be displayed on packaging of certified organic foods and food products intended for retail sale, indicating compliance with provisions of this rules.
A. Violations of the State Organic Program will be handled in compliance to Section 4-2-302.
R68-20-4. Fees for Organic Certification.
Fees for Organic Certification Services.
A. Fees shall be in accordance with the fee schedule in the annual appropriations act passed by the Legislature and signed by the Governor. The person, firm, corporation or other organization requesting registration as a producer, handler, processor or certification agency or requesting inspection or laboratory services shall pay such fees. All fees are payable to the Utah Department of Agriculture and Food.
B. Registration of producers, handlers, processors or combinations thereof. Applications for registration may be obtained from the Utah Department of Agriculture and Food and submitted with the annual fees. Annual registration is required for all producers, handlers, processors or combinations thereof and shall have applications submitted and be paid by February 1 of each year. New applicant shall have 120 days to complete their initial application and have it accepted by the Department or the applicant shall reapply.
C. Registration of Certifying Agencies. Applications for registration may be obtained from the Utah Department of Agriculture and Food and submitted with the annual fees. Annual registration is required for all certifying agencies and shall be paid by February 1 each year. Failure to pay by this date will result in late fees and a prohibition from conducting business in the State of Utah.
D. Gross sales fees. Payment of annual gross sales fees shall accompany the annual registration application and fees and shall be based on the previous year's gross sales of state certified producers and processors.
E. Any producers, handlers, processors or combinations thereof that conduct business under exemption listed in CFR, October 1, 2017 edition, Title 7 Part 205.101 within the State of Utah shall register annually with the Utah Department of Agriculture Organic Program before conducting business.
R68-20-5. UDAF Seal.
Use of the UDAF Organic Seal
A. The UDAF seal may be used only for raw or processed agricultural products in paragraphs (a), (b), (e)(1), and (e)(2) of CFR 205.301.
B. The UDAF seal must replicate the form and design and must be printed legibly and conspicuously.
1. On a white background with a double black circle the words, Utah Department of Agriculture and Food, within the borders of the circles. At the bottom of the circle a teal green horizontal line.
2. Within the inner circle a black outline of the State of Utah, and inscribed in italics in a teal green color, slanting upward from left to right, the word "Certified Organic".
3. A copy of the seal is available at the Department of Agriculture and Food, 350 North Redwood Road, PO Box 146500, Salt Lake City, Utah 84114-6500.