TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 11

ORGANIC FOOD PRODUCTS

22-1102.  Definitions. In this chapter:

(1)  "Director" means the director of the department of agriculture or the director’s designee.

(2)  "Food products" shall include all agricultural, horticultural, viticultural and vegetable products of the soil, apiary and apiary products, poultry and poultry products, livestock and livestock products, milk and dairy products and aquaculture products.

(3)  "Handler" means any person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products.

(4)  "Livestock" means any cattle, sheep, goat, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other nonplant life, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products.

(5)  "Organic certification seal" means the design approved by the director and which when imprinted or affixed on labels, packages or products, or used in advertising in any manner, shall signify that the standards and rules developed in accordance with the provisions of this chapter and all other conditions of the provisions of this chapter have been met.

(6)  "Organic food product" means any food product that is marketed using the term organic, or any derivative of the term organic in its labeling or advertising. Organic foods are those processed, packaged, transported and stored to retain maximum nutritional value, without the use of artificial preservatives, coloring or other additives, irradiation, or synthetic pesticides.

(7)  "Organically grown food products" means food products which are produced without the use of synthetically compounded fertilizers, pesticides, or growth regulators for a period not less than thirty-six (36) months prior to harvest. Organically grown food products are produced under the standards and rules established in accordance with the provisions of this chapter and by other qualified agencies.

(8)  "Person" means an individual, partnership, corporation, association, cooperative, or other entity.

(9)  "Producer" means a person who engages in the business of growing or producing food, fiber, feed, and other agricultural-based consumer products.

(10) "Vendor" means any person who sells organic food products to the consumer or another vendor.

History:

[22-1102, added 1990, ch. 145, sec. 1, p. 325; am. 1992, ch. 314, sec. 1, p. 936; am. 1994, ch. 99, secs. 2 & 3, p. 224 and 225; am. 1999, ch. 136, secs. 1 & 2, p. 383 and 384; am. 2001, ch. 75, sec. 2, p. 181; am. 2007, ch. 53, sec. 1, p. 124.]