OKLAHOMA DEPARTMENT OF AGRICULTURE

PLANT INDUSTRY & CONSUMER SERVICES DIVISION

ORGANIC FOOD ACT  & RULES

TITLE 2, OKLAHOMA STATUTES SECTIONS 5-301 THROUGH 5-307

OKLAHOMA ADMINISTRATIVE CODE 35:30-21-1 THROUGH 35:30-21-4

 

TABLE OF CONTENTS

ORGANIC FOOD ACT

SECTION

5-303  Definitions Page 1
5-304 License-Application-Use of state certification label-Inspection of food-Authority to revoke or suspend license Page 2
5-305 Classes of certification-Certification of land as organically managed-Producer's farm plan- Transitional period-Soil and tissue testing- Laboratory analysis of produce Page 2
5-306 Crop production records-Records of laboratory analyses-Verification documents required- Audits Page 3
5-307 Stop-sale, use, or removal order-Violations-Penalties Page 4

 

ORGANIC FOOD RULES

SUBCHAPTER 21. ORGANIC FOOD RULES

SECTION

35:30-21-1  Definitions Page 5
35:30-21-2    Crop management, fertility practices Page 5
35:30-21-3 Certification, transitional periods  Page 10
35:30-21-4 Recordkeeping, seperation or produce Page 10

 

 

G.  Oklahoma Organic Food Act

 

§2-5-301.  Short title.

 

This subarticle shall be known as the “Oklahoma Organic Food Act”.

 

§2-5-302.  Purpose.

 

The purpose 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.

 

§2-5-303.  Definitions.

 

For purposes of the Oklahoma Organic Food Act:

 

1.      “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;

 

2.      “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;

 

3.      “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;

 

4.      “Producer” means a person who is engaged in the business of planting, growing, or harvesting crops;

 

5.      “Prohibited substance” means a chemical compound or formulation which is not permitted to be used in organic production, processing, or handling; and

 

6.      “Transitional period” means the three-year interval required to change from nonorganic production methods to organic farming.

 

 

 

 

§2-5-304.  License - Application - Use of state certification label - Inspection of food - Authority to revoke or suspend license.

 

A.     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.

 

B.     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.

 

C.    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.

 

D.    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.

 

§2-5-305.  Classes of certification ‑ Certification of land as organically managed ‑ Producer's farm plan ‑ Transitional period ‑ Soil and tissue testing ‑ Laboratory analysis of produce.

 

A.     Organically certified food shall be produced on land meeting the requirements as specified in the certification standards.  The two classes of certification that will be recognized are “Organic Certification” and “Organic Certification - Transitional”.

B.     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.

 

C.    The Board shall certify whole farms, farm units, or individual fields after the review and acceptance of the producer's detailed farm plan.

 

D.    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.

 

E.     During the 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”.

 

F.     The Board 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.

 

G.    Organic foods shall be properly handled during harvesting, storing, transporting, and marketing to maintain identity and quality.

 

H.     The Board 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.

 

I.         All new 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.

 

§2-5-306.  Crop production records ‑ Records of laboratory analyses ‑ Verification documents required ‑ Audits.

 

A.     Crop production records shall be kept for each farm, farm unit, field, or other production unit for which application for certification is made.

 

B.     A producer of both organic produce and conventional produce on the same farm shall keep separate records for each category of produce.

 

C.    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.

 

D.    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 distribution.

 

E.     The Board may conduct audits of all documents for verification that producers meet the requirements of the Oklahoma Organic Food Act and rules.

 

§2-5-307.  Stop‑sale, use, or removal order ‑ Violations ‑ Penalties.

 

A.     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 thereto.

 

B.     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.

 


SUBCHAPTER 21. ORGANIC FOOD

 

35:30-21-1.  Definitions

 

      The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

 

1.      "Allelochemic" means a naturally occurring substance significant to organisms of a species different from that of its source, for reasons other than food.

 

2.      "Farm" means agricultural land leased, owned, or held by and under the management of a certified producer or applicant for certification.

 

3.      "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.

 

4.      "Field" means a tract of agricultural land leased, owned, or held by and under the management of a certified producer or applicant for certification.

 

5.      "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.

 

6.      "Pheromone" means a substance secreted by an organism to the outside and  causes a specific reaction in a receiving organism of the same species.

 

7.      "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.

 

8.      "Semiochemical" means a pheromone, allelochemic, or other naturally occurring substance involved in the chemical interaction between organisms.

     

35:30-21-2.  Crop management, fertility practices

 

(a)   Conformity to recognized organic practices.  Plant materials, irrigation, and pest controls shall conform to recognized organic practices.

 

(b)   Seeds and plant materials.  All propagation materials shall be produced without synthetic pesticides.

 

(1)   A producer may use the following:

 

(A)   organically produced or untreated seeds and seedlings;

 

(B)   nontoxic seed treatments like hot water;

 

(C)  legume inoculants; or

 

(D)  fungicide-free pelletization.

 

(2)   A producer shall not use the following:

 

(A)   synthetic fungicides, pesticides, or soil fumigants on any seedlings or plant

       materials grown on-farm for organic production; or

 

(B)   materials or practices that are prohibited elsewhere in this section, on seeds

       or seedlings

           

      (c)  Irrigation.

 

(1)   If irrigation is utilized, the initial application for certification shall include residue analyses of the water for the presence of prohibited substances.

 

(2)   As a condition of recertification, a producer with a demonstrated water residue problem shall:

 

(A)   retest for prohibited substances the following year, and

 

(B)   submit 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 every third

                         year.

 

(3)   Use of irrigation water known to be contaminated with prohibited substances is not permitted.

 

      (d) Weed control.

 

(1)   For 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.

 

(2)   For 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.

 

(e)   Pest control.

 

(1)   For pest control, a producer may use the following:

 

(A)   mechanical or electrical controls, including traps, repellent crops or

       apparatus vacuuming, water jets, and physical barriers;

 

(B)   biological 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;

 

(C)  soaps, rock powders and diatomaceous earth, herbal preparations, dormant

       or summer oil sprays, and solutions of pureed arthropods or plants;

 

(D)  microbial and viral pathogenic agents like Bacillus thuringiensis, if

       petroleum-based synergists are not used in theformulation;

 

(E)   pheromones used in traps and as mating disruptives;

 

(F)   semiochemicals and allelochemics, for the direct or indirect management of pests;

 

(G)  botanical insecticides like pyrethrum, rotenone, nicotine, sulfate, quassia and ryania.

 

(2)   For pest control, a producer shall not use the following:

 

(A)   synthetically compounded pesticides;

 

(B)   natural poisons that have long-term effects and persist in the environment,  like arsenic or other lead salts.

(f)     Disease control.

 

(1)   For disease control, a producer may use:

 

(A)   herbal or plant-derived controls and mineral preparations like bordeaux mixture, copper sulfate, elemental and liquid sulfur, and lime sulfur.

 

(B)   chlorine bleach in dilute solutions as a disinfectant.

 

(2)   A producer shall not use antibiotics, synthetic fungicides, fumigants, synthetic sterilizing agents, or synthetic bactericidal agents for pest control.

 

(g)   Manuring.

 

(1)   Raw manure may be applied to crops for human consumption, if the crop is harvested 120 days or more following the most recent application.

 

(2)   The 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.

 

 

(h)   Nitrogen.

 

(1)   A 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.

(2)   A 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.

 

(i)     Phosphorus.

 

(1)   A 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 slag.

 

(2)   A 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.  

 

(j)      Potassium.

 

(1)   A 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 organic matter.

 

(2)   A producer shall not use as a source of potassium: muriate of potash (potassium chloride) or other sources with high solubility, high salt or chloride content.

 

(k)   Calcium.

 

(1)   A 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.

 

(2)   A producer shall not use as a source of calcium: quicklime; or slaked or hydrated lime.

 

(l)      Magnesium.

 

      A producer may use as a source of magnesium: dolomitic limestone; kieserite; sulfate \

      of potash magnesia (langbeinite); and Epsom salts (hydrated magnesium sulfate).

 

 

 

(m) Sulfur.

 

      A producer may use a soil application of elemental sulfur from mined sources.

 

(n)   Micronutrients.

 

(1)   A 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.

 

(2)   A producer shall not use chemically fortified liquid or powdered seaweed extract as a source of micronutrients.

 

(o)   Growth regulators, growth promoters, activators, inoculants.   A producer may

      use the following:

 

(1)      natural cytoklnin formulations like dry or liquid seaweed extract;

 

(2)      natural enzymes;

 

(3)      herbal preparations;

 

(4)      biodynamic preparations;

 

(5)      rhizobial inoculants;

 

(6)      free-living nitrogen-fixing bacteria or other microbial cultures;

 

(7)      blue-green algae;

 

(8)      cellulolytic bacteria;

 

(9)      natural rooting hormones;

 

(10)    humates; or

 

(11)    adjuvants and wetting agents for foliar applications.

 

(p)   Prohibited growth regulators, growth promoters, activators, inoculants. 

 

 A producer shall not use:

 

(1)   synthetic growth promoters; or

 

            (2) synthetic growth regulators.

 

35:30-21-3.  Certification, transitional periods

 

(a)   The Board shall certify whole farms, farm units, or individual fields as organically productive.

 

(b)   An 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 include.

 

(1)   a three-year rotation and nutrient stabilization plan for each field under organic management;

 

(2)   a 25-foot buffer zone separating land managed organically from other cultivated agricultural land;

 

(3)   crop and pesticide application practices for each non-organically managed field located adjacent to an organically managed field.

 

(c)   Any organically grown crop which was produced within 50 feet of a field which had a prohibited pesticide applied, shall be assayed for residues before harvest.

 

(d)   An 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.

 

(e)   The 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.

 

(f)     Producers 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.

 

(g)   If 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 transitional certification.

 

35:30-21-4.  Recordkeeping, separation of produce

 

(a)   The following records shall be kept for each farm, farm unit, field, or other production unit for which application for certification is made:

 

(1)   field-by-field fertilization, cropping, and pest management histories; and

 

(2)   if 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.

 

(b)   A producer of both organic produce and other produce on the same farm shall keep separate records for each of these categories.

 

(c)   A 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.