190C.4  Administrative authority.

1.  The department, upon approval by the board, shall adopt all rules necessary to administer this chapter.

a.  The rules may include regulations governing the production, handling, processing, and selling of agricultural products by persons advertising an agricultural product as organic. These rules may provide for standards, certification, inspections, testing, the assessment and collection of state fees, the maintenance of records, disciplinary action, and the issuance of stop sale orders as provided in this chapter.

b.  The rules adopted under this section shall be consistent with federal regulations adopted pursuant to the federal Organic Food Production Act of 1990. The department may adopt rules which are stricter than federal regulations to the extent allowed by federal law.

2.  The secretary, who may act through an authorized agent, shall serve as a certifying agent under 21 U.S.C. § 2115. The secretary or the secretary's agent may serve as an inspector in order to conduct investigations at times and places and to such an extent as the secretary and the board deem necessary to determine whether a person is in compliance with this chapter, according to rules adopted by the department.

3.  A violation of this chapter includes a violation of any rule adopted or issue ordered* pursuant to this chapter as provided in this chapter and under chapter 17A.

Section History: Recent form

  98 Acts, ch 1205, §4, 20

Footnotes

  *"Order issued" probably intended; corrective legislation is pending


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