PURPOSE: This rule outlines procedures for organic entities to be registered with the program, with associated fees.

1. (1) Producers and handlers that are converting to certified organic production or handling methods, but do not yet qualify for certification, may apply to be registered with the program as, “Transitional-to-Organic.”

   1. (A) The application for registration as “Transitional-to-Organic,” shall be submitted to the program on an approved form, in the manner prescribed by the director, and shall be accompanied by a fifty dollar ($50) application fee. The application fee is not prorated, nor is it refunded for any reason.
   2. (B) The registrant shall submit a completed Organic System Plan to the program and shall use organic methods that adhere to National Organic Program (NOP) 7 CFR, Part 205.

   3. (C) The program shall conduct an initial review of the applicant’s plan, and an inspection may be scheduled to reveal any possible deficiencies or noncompliance to NOP standards.

      1. 1. The applicant shall be notified in

writing of the deficiencies or noncompliance found as a result of the review or inspection.

1. (D) After successful review of the Organic System Plan or initial inspection, the applicant shall be issued a “Transitional-to-Organic” certificate. The certificate shall continue in effect for one (1) year from date of issuance unless cancelled by the registrant, or the registrant is no longer deemed qualified by the director.
2. (E) An application, with an updated system plan and application fee, shall be made to the program annually from first date of issuance. The program shall review the application and may conduct annual reinspections to ensure continued compliance with NOP 7 CFR, Part

1. 205. The “Transitional-to-Organic” certificate shall only be issued to an applicant for three (3) consecutive years for the same organic production or handling site.

   1. (F) The “Transitional-to-Organic” certificate does not imply in any manner that the operation is certified “organic,” and products being produced from this registration program shall not in any way be sold, labeled, or represented as certified “100% Organic,” “Organic,” or “Made with Organic.”
   2. (G) The “Transitional-to-Organic” certificate shall only be used for marketing purposes within the state of Missouri and shall only be used for raw and processed organically produced agricultural products when authorized by the department under this rule.

2. (2) The program shall provide a registration service designed to promote education of organic production methods and to provide organic marketing tools for Missouri’s organic farmers and handlers.

   1. (A) All certified organic entities that are certified by the program shall be registered with the program.
   2. (B) Certified entities within the state that are not certified by the program, but desire to be registered by the program, shall pay the registration fee of twenty-five dollars ($25), but shall not be required to adhere to other requirements of this rule.
   3. (C) Producers and handlers using organic production and handling methods that adhere to requirements of NOP 7 CFR, Part 205, Subpart C–Organic Production and Handling Requirements, and are direct marketing to their consumers, may apply to be registered with the program.
   4. (D) The registration shall apply to the knowledge and/or use of organic procedures and methods, as opposed to a product being registered as “organic.”

   5. (E) The application for registration shall be submitted to the program on an approved application form, as supplied by the director. A registration fee of twenty-five dollars ($25) shall accompany each application for registration. Registration fee is not prorated throughout the year, nor is it refunded.

      1. 1. Producers shall provide a site map,

detailing size and shape of the site.

1. 2. Handlers shall provide a process flow

chart.

1. 3. Landscape architects shall provide a

plan outlining landscaping procedures that result in soil improvements and maintenance of natural resources.

1. (F) Registration shall be in effect from January 1 of the year registered and shall continue to be in effect through December 31 of the year it was issued unless cancelled by the registrant or by the director pursuant to sections (5) and (6) of this rule.
2. (G) No initial registration application shall be approved until the applicant has demonstrated knowledge of organic methods and procedures. Knowledge may be demonstrated by participating in educational training sessions sponsored by the program, or other program-approved methods; and by passing an examination provided by the director. Renewal applicants shall not be required to participate in further educational sessions to continue registration with the program.
3. (H) Registrants agree to assist with educational sessions promoting organic production, handling, and marketing methods. The registrant may alternatively choose to serve on program-designated peer groups to educate registrants about organic procedures and methods when the department receives inquiries.
4. (I) The department shall issue a registration certificate to qualified applicants. A database listing of all registrants shall be maintained by the department and shall be made available to the public as a marketing tool for the registrants.
5. (J) If the director refuses registration for any reason, the applicant shall be notified by writing of the reasons thereof. An informal hearing will be granted upon notification of denial when requested by the applicant. 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.