1. (a) A person:

   1. (1) who uses the term:

      1. (A) organic;
      2. (B) certified organic; or

      3. (C) Indiana certified organic;

         alone or in combination with other words to market a product that has not been designated "certified organic" by an accredited certifying agent under this chapter and in accordance with the Organic Foods Production Act; and

   2. (2) who:

      1. (A) knows; or

      2. (B) reasonably should know;

         that the product has not been designated "certified organic" by an accredited certifying agent under this chapter and in accordance with the Organic Foods Production Act;

         commits a Class A infraction.

2. (b) Each label or each copy of a written public document containing the words "organic" or "certified organic" alone or in combination with other words used to market a product that has not been designated "certified organic" by an accredited certifying agent constitutes a separate infraction.

   [Pre-2008 Recodification Citations: subsection (a) formerly 15-4-12-15(a); subsection (b) formerly 15-4-12-15(b).]

As added by P.L.2-2008, SEC.6.