PLANT INDUSTRY & CONSUMER SERVICES DIVISION
ORGANIC FOOD ACT & RULES
Oklahoma Organic Food Act
subarticle shall be known as the “Oklahoma Organic Food Act”.
of the Oklahoma Organic Food Act is to permit and facilitate the
production and marketing of organically grown crops in a manner which
assures the consumer that the crop has been produced and marketed
without the use of prohibited substances.
purposes of the Oklahoma Organic Food Act:
“Certification” means the annual process by
which a grower of organic foods meets the standards promulgated by the
State Board of Agriculture pursuant to the Oklahoma Organic Food Act;
“Organic farming” means production of crops
based upon a system of soil and crop management that relies on building
humus levels through crop rotations, recycling organic wastes, and
applying balanced mineral amendments and that uses, when necessary,
mechanical, botanical, or biological controls;
“Organic food” means crops produced under a
system of organic farming and which are processed, packaged,
transported, and stored to retain nutritional value without the use of
artificial preservatives, coloring agents or other additives, ionizing
radiation, or prohibited substances;
“Producer” means a person who is engaged in the
business of planting, growing, or harvesting crops;
“Prohibited substance” means a chemical
compound or formulation which is not permitted to be used in organic
production, processing, or handling; and
“Transitional period” means the three-year
interval required to change from nonorganic production methods to
- Application - Use of state certification label - Inspection of food - Authority to revoke or suspend license.
The State Board of Agriculture may issue a license
upon request if all requirements of the Oklahoma Organic Food Act have
been met. A properly
completed license application shall be submitted with a fee of One
Hundred Dollars ($100.00) by March 31 of each year.
No person shall market, label, or advertise any food as being
“Certified Organic” or “Organic Certification - Transitional”
unless in compliance with the Oklahoma Organic Food Act and/or the
Organic Food Production Act of 1990, as amended, 7 U.S.C. Section 6501
et seq. and rules promulgated thereto. Nothing in the Oklahoma Organic Food Act shall be construed
to prevent a person from offering for sale crops produced under organic
farming practices, so long as the producer does not label the product as
certified by the Board as meeting the conditions for “certification”
specified by the Oklahoma Organic Food Act.
The Board is authorized to inspect, sample,
analyze, examine records, and test any food claimed to be organically
grown, distributed within the state to determine if the food is in
compliance with the Oklahoma Organic Food Act.
The Board has the authority to enter upon public or private
property at any reasonable time for the purpose of administering the
Oklahoma Organic Food Act. Any licensee or applicant for license subject to the
provisions of the Oklahoma Organic Food Act shall be deemed to have
given consent to any authorized agent of the Board to access, enter,
inspect, or monitor the property. Refusal
to allow access, entry, or inspection shall constitute grounds for the
denial, nonrenewal, suspension, or revocation of a license.
The Board is
authorized to promulgate rules as necessary to administer the Oklahoma
Organic Food Act and establish certification standards to carry out the
Oklahoma Organic Food Act.
The Board is
authorized to revoke, suspend or not renew any license upon satisfactory
proof that the permittee has violated any of the provisions of the
Oklahoma Organic Food Act or rules promulgated thereto.
Classes of certification ‑ Certification of land as
organically managed ‑ Producer's farm plan ‑ Transitional
period ‑ Soil and tissue testing ‑ Laboratory analysis of
Organically certified food shall be produced on
land meeting the requirements
The State Board of Agriculture may certify land as
organically managed only if harvest occurs at least three (3) years
after the beginning of continual and continuing use of organic farming
practices on the land.
The Board shall certify whole farms, farm units, or
individual fields after the review and acceptance of the producer's
detailed farm plan.
The Board shall not certify part of the farm unless
distinct and defined boundaries exist between fields under organic
management and other fields, and the proposed acreage will be used for a
bona fide trial of organic management methods.
transitional period, producers of plant crops who have satisfied all
other requirements for certification, except passage of the required
transitional period, may market their crop under a State Department of
Agriculture transitional license. The
transitional license holder shall not use the terms “certified” or
“Oklahoma Department of Agriculture Certified Organic”, but shall
use the phrase “Organic Certification - Transitional”.
may require soil and tissue testing to monitor fertility and evaluate
soil management methods. Plant
materials, irrigation, weed, insect, and disease controls used in crop
management shall conform with recognized organic practices.
foods shall be properly handled during harvesting, storing,
transporting, and marketing to maintain identity and quality.
shall require laboratory analysis of produce claimed to be organically
grown if it has reasonable cause to suspect the produce may contain a
substance not approved for organic production.
applicants are required to have their soil growing media and irrigation
water, if not municipal, assayed for the presence of pesticide residues
and tested at the producers’ expense.
Crop production records ‑ Records of laboratory analyses
‑ Verification documents required ‑ Audits.
Crop production records shall be kept for each
farm, farm unit, field, or other production unit for which application
for certification is made.
A producer of both organic produce and conventional
produce on the same farm shall keep separate records for each category
Records of all laboratory analyses performed for a
producer including soil tests, plant‑tissue tests, forage tests,
bacteria counts, and residue tests in soil, water, or crops shall be
available for review by the State Board of Agriculture.
Verification documents that may be required
include, but are not limited to, questionnaires, farm plans, affidavits,
inspection reports, laboratory assays, and other documents to verify the
path taken by an organic food product through post harvest handling and
The Board may conduct audits of all documents for
verification that producers meet the requirements of the Oklahoma
Organic Food Act and rules.
Stop‑sale, use, or removal order ‑ Violations ‑
The State Board of Agriculture is authorized to
issue a written or printed “stop-sale” or “notice of violation”
order to the owner or custodian of a food being offered or exposed for
sale in violation of the Oklahoma Organic Food Act or rules promulgated
Any person violating the provisions of the Oklahoma
Organic Food Act shall, upon conviction thereof, be guilty of a
misdemeanor and may be punished by a fine of not more than One Thousand
Dollars ($1,000.00). Each
day a violation continues shall be a separate offense.
21. ORGANIC FOOD
The following words or terms, when used in this subchapter, shall
have the following meaning, unless the context clearly indicates
"Allelochemic" means a naturally occurring
substance significant to organisms of a species different from that of its
source, for reasons other than food.
"Farm" means agricultural land
leased, owned, or held by and under the management of a certified producer
or applicant for certification.
"Farm unit" means all agricultural land
in a contiguous tract leased, owned, or
held by and under the management of a certified producer or
applicant for certification.
"Field" means a tract of
agricultural land leased, owned, or held by and under the management of a
certified producer or applicant for certification.
"Manuring" means the application to
soil of the excreta of agricultural animals, including stable litter and
paunch wastes, or the plowing under of uncomposted plants (green manure
crops) to increase tilth and fertility.
"Pheromone" means a substance secreted
by an organism to the outside and causes
a specific reaction in a receiving organism of the same species.
"Raw manure" means the excrement of
livestock, both solid and liquid, that has not been aged, aerated,
composted, fermented, aerobically digested, or humified or processed in a
way which improves its value as a biological activator.
"Semiochemical" means a pheromone,
allelochemic, or other naturally occurring substance involved in the
chemical interaction between organisms.
management, fertility practices
Conformity to recognized
Plant materials, irrigation, and pest controls shall conform to
recognized organic practices.
Seeds and plant materials.
All propagation materials shall be produced without synthetic
producer may use the following:
produced or untreated seeds and seedlings;
seed treatments like hot water;
producer shall not use the following:
fungicides, pesticides, or soil fumigants on any seedlings or plant
materials grown on-farm for organic production; or
or practices that are prohibited elsewhere in this section, on seeds
irrigation is utilized, the initial application for certification shall
include residue analyses of the water for the presence of prohibited
a condition of recertification, a producer with a demonstrated water
residue problem shall:
retest for prohibited
substances the following year, and
tissue-test results for at least one edible crop each year until no
prohibited residue from water is found in the crop, and at least
of irrigation water known to be contaminated with prohibited substances is
weed control, a producer may use: timely mechanical or hand cultivation;
crop rotations; smother crops; mulching with organic materials or plastic
mulches; mowing; cleaning equipment; electrical or flame weeding;
biological agents and/or preparations; and grazing.
weed control, a producer shall not use: synthetically compounded or
petroleum-distillate herbicides; or synthetic growth regulators or
nutrients at toxic levels to kill weeds.
pest control, a producer may use the following:
or electrical controls, including traps, repellent crops or
apparatus vacuuming, water jets, and physical barriers;
controls, like release of natural predators and parasites and
manipulation of the habitat, supplemental feeding, or management of hosts
to maintain a viable population of natural predators and parasites;
rock powders and diatomaceous earth, herbal preparations, dormant
or summer oil sprays, and solutions of pureed arthropods or plants;
and viral pathogenic agents like Bacillus thuringiensis, if
petroleum-based synergists are not used in theformulation;
used in traps and as mating disruptives;
and allelochemics, for the direct or indirect management of pests;
insecticides like pyrethrum, rotenone, nicotine, sulfate, quassia and
pest control, a producer shall not use the following:
poisons that have long-term effects and persist in the environment,
like arsenic or other lead salts.
disease control, a producer may use:
or plant-derived controls and mineral preparations like bordeaux mixture,
copper sulfate, elemental and liquid sulfur, and lime sulfur.
bleach in dilute solutions as a disinfectant.
producer shall not use antibiotics, synthetic fungicides, fumigants,
synthetic sterilizing agents, or synthetic bactericidal agents for pest
manure may be applied to crops for human consumption, if the crop is
harvested 120 days or more following the most recent application.
Board may require that the soil and subsoil of all fields, receiving
substantial amounts of manure from off-farm sources, be tested for heavy
metals, pesticides, or other suspected contaminants.
producer may use as a source of nitrogen: green manures, nitrogen-fixing
or cover crops, composted materials, nitrogen-fixing microorganisms,
vegetable meals, hides, blood meal, or meals made of other animal
by-products and fish emulsion.
producer shall not use as a source of nitrogen: anhydrous ammonia,
ammonium nitrate, urea, sewage sludge, contaminated organic materials, or
mined or synthetic sources of soluble nitrates.
producer may use as a source of phosphorus: colloidal, soft-rock, and
hard-rock phosphate; bone meal; guano; food- grade orthophosphoric acid in
foliar formulations and fishemulsion processing; soap phosphates, or basic
producer shall not use as a source of phosphorus ordinary or triple
superphosphate or other highly soluble and/or acidifying materials with a
high salt content.
producer may use as a source of potassium: wood ashes; rock dusts
(granite, feldspar, greensand); sulfate of potash magnesia (langbeinite);
natural potassium sulfate; kainite; fly ash ; and recycled potassium-rich
producer shall not use as a source of potassium: muriate of potash
(potassium chloride) or other sources with high solubility, high salt or
producer may use as a source of calcium: agricultural limestone;
agricultural gypsum (hydrated calcium sulfate); kiln dust; calcified
seaweed; corn calcium; calcium oxide; calcium chloride based foliar
materials; and ground oyster shell.
producer shall not use as a source of calcium: quicklime; or slaked or
A producer may use as a source of magnesium: dolomitic limestone;
kieserite; sulfate \
of potash magnesia (langbeinite); and Epsom salts (hydrated
A producer may use a soil application of elemental sulfur from
producer may use as a source of micronutrients: liquid or powdered seaweed
extract not chemically fortified: kelp meal; rock powders; fritted trace
elements or chelated minerals; acid-treated (sulfate or oxide) zinc,
boron, copper, iron, manganese, or molybdenum; or fish emulsions.
producer shall not use chemically fortified liquid or powdered seaweed
extract as a source of micronutrients.
Growth regulators, growth
promoters, activators, inoculants.
A producer may
use the following:
cytoklnin formulations like dry or liquid seaweed extract;
nitrogen-fixing bacteria or other microbial cultures;
and wetting agents for foliar applications.
Prohibited growth regulators,
growth promoters, activators, inoculants.
A producer shall not use:
growth promoters; or
(2) synthetic growth
Board shall certify whole farms, farm units, or individual fields
as organically productive.
applicant for certification for organically produced crops shall submit on
forms provided by the Board a detailed three-year farm plan to the Board
for review. This plan shall
three-year rotation and nutrient stabilization plan for each field under
25-foot buffer zone separating land managed organically from other
cultivated agricultural land;
and pesticide application practices for each non-organically managed field
located adjacent to an organically managed field.
organically grown crop which was produced within 50 feet of a field which
had a prohibited pesticide applied, shall be assayed for residues before
applicant for certification shall submit water and soil-residue assay
results establish a base line
for the presence of synthetic pesticides and/or other regulated substances
prior to certification. If
contamination is suspected, an applicant may also be required to test for
the presence of prohibited pesticides in water and plant tissue.
Board may certify land as organically managed if it can be determined by
documentation and affidavit that recognized organic practices have been
followed for the previous three years.
of plant crops who have met all requirements for certification except
passage of the required three year transitional period may market their
produce under an Oklahoma Department of Agriculture transitional license.
any part of a certified field or farm unit is taken out of organic
management, it may be recertified by meeting the qualifications listed for
separation of produce
following records shall be kept for each farm, farm unit, field, or other
production unit for which application for certification is made:
fertilization, cropping, and pest management histories; and
a crop is produced from more than one field, records shall show the lot,
bin, or shipment numbers and dates indicating the field of origin.
producer of both organic produce and other produce on the same farm shall
keep separate records for each of these categories.
producer of both organic and nonorganic crops on the same farms shall have
physical facilities and management procedures adequate to ensure that
there is no possibility of crop mixing or commingling.
In the absence of this
proof, no food of that type from that farm shall be certified or sold as
Oklahoma Department of Agriculture Certified Organic.