A person seeking to receive or maintain organic certification under the regulations in this chapter must:

1. (1) comply with the Organic Foods Production Act of 1990 and applicable organic production and handling regulations of this chapter;
2. (2) establish, implement, and update annually an organic production or handling system plan that is submitted to an accredited certifying agent as provided for in §18.201 of this title (relating to Organic production and handling system plan);
3. (3) permit on-site inspections with complete access to the production or handling operation, including noncertified production and handling areas, structures, and offices by the certifying agent as provided for in §18.403 of this title (relating to On-site Inspections);
4. (4) maintain all records applicable to the organic operation for not less than 5 years beyond their creation and allow authorized representatives of the certifying agent access to such records during normal business hours for review and copying to determine compliance with the regulations in this chapter, as provided for in §18.103 of this title (relating to Recordkeeping by Certified Operations);
5. (5) submit the applicable fees charged by the certifying agent; and

6. (6) immediately notify the certifying agent concerning any:

   1. (A) application, including drift, of a prohibited substance to any field, production unit, site, facility, livestock, or product that is part of an operation; and
   2. (B) change in a certified operation or any portion of a certified operation that may affect its compliance with the Organic Foods Production Act of 1990 and the regulations in this chapter.

Source Note:The provisions of this §18.400 adopted to be effective December 14, 2003, 28 TexReg 10915.