PURPOSE: This rule outlines the procedures for application for organic certification or recertification by the Missouri Department of Agriculture (MDA) Organic Program, with associated fees.

1. (1) The application for organic certification of producers and handlers, as defined by the National Organic Program (NOP), 7 CFR, Part 205, shall be submitted to the department on an approved application form available from the program, or in a manner prescribed by the director. Applications shall only be received from Missouri-based organic entities.
2. (2) Initial application for certification shall be accompanied by the certification fee and completed information in compliance with NOP 7 CFR 205.401. The initial application shall be received by the program not less than sixty (60) days before harvest of crop or before final handling of the organic product.
3. (3) Once granted, certification continues in effect until surrendered by the certified entity, or is suspended or revoked by the department. An annual renewal application for certification must be submitted to the program with fee and information as required by NOP 7 CFR 205.406; and an annual reinspection shall be conducted by the program at each facility to determine whether the certification of the operation should continue.

4. (4) An application and inspection fee of one hundred dollars ($100) shall accompany each application for organic certification. Total certification fees shall be assessed at the rate of:

   1. (A) First year Certification Fee: Total certification fee shall be the initial application and inspection fee of one hundred dollars ($100);

   2. (B) Second year, and every year thereafter, Renewal Certification Fee: Renewal certification fees shall be as follows:

      1. 1. Total renewal certification fee shall be

the combined initial application and inspection fee of one hundred dollars ($100) for those organic entities with previous year’s gross sales from organic production and/or handling of not more than fifty thousand dollars ($50,000);

1. 2. Renewal certification fees for organic

entities with previous year’s gross sales from organic production and/or handling of more than fifty thousand dollars ($50,000) shall be the initial application and inspection fee of one hundred dollars ($100), plus additional certification fees of one hundred dollars ($100) for every one hundred thousand dollars ($100,000) in gross sales from organic production and/or handling, not to exceed five hundred dollars ($500);

1. 3. If the organic entity does not want to

reveal organic gross sales, the maximum five hundred dollar ($500) certification fee will apply;

1. (C) The initial application and inspection fee and the certification fees are not prorated throughout the year, nor are they refunded if the application is withdrawn by the applicant or is denied by the director for any cause;
2. (D) All certification fees shall be due and payable before organic inspections will be conducted.

1. (5) Applications to continue certification are due one (1) year from date of the previous application. Any application postmarked fifteen (15) days after due date shall pay an additional late fee of one hundred dollars ($100) to continue certification by the program.
2. (6) Certified organic entities may petition to withdraw certification with the program at any time. In order to withdraw certification, the applicant must submit the request in writing, with company name, address, and signature. A voluntary withdrawal of the certification application by the organic entity shall not result in a “Notice of Certification Denial.”
3. (7) Any certified entity that withdraws the certification from the program or allows their certification to elapse may reapply for recertification, but will be considered to be a renewal application and shall pay the renewal certification fee.
4. (8) “Exempt” or “excluded” organic producers or handlers, as defined by the NOP 7 CFR 205.101, may apply to be certified “organic” by the program.

AUTHORITY: section 261.110, RSMo Supp. 2002.* Original rule filed Jan. 3, 2003, effective Aug. 30, 2003. *Original authority: 261.110, RSMo 2000, amended 2002.