(a) The categories of fees that may be incurred by
an operation applying for initial certification or annual update of
certification are as follows: new application fee, certification fees,
administrative fees, and additional service fees:
(1) New Application Fee: $400. An application fee is
incurred at the time of submission for each new application for organic
certification, and is in addition to any certification fees.
(2) Certification Fees: These fees are incurred at
the time of initial application and annual update of certification
and shall be paid in conjunction with submission of a new application
or an annual update of an existing certification. Certification fees
are cumulative.
(A) Producer Scopes. Fees for an operation or a portion
of an operation that produces organic crops and livestock as defined
in 7 Code of Federal Regulations (CFR), Part 205.
(i) Fees for crop producer scope:
(I) Crop production operations that have 50 acres or
less under organic management have an established baseline of up to
25 production inputs and a fee of $1,000. Any additional inputs above
this baseline will incur an additional fee as established in this
subsection.
(II) Crop production operations that have more than
50 acres under organic management have an established baseline of
up to 5 production inputs and a fee of $1,500. Any additional inputs
above this baseline will incur an additional fee as established in
this subsection.
(ii) Fee for the review of each additional production
input above the baseline that is established in this subsection: $100
per production input.
(iii) The total certification fee for a crop production
operation that is less than 5,000 acres shall not exceed $4,200.
(iv) An operation with more than 5,000 acres of land
under organic management incurs an additional fee of $600.
(v) Fee to add the livestock producer scope to organic
producer certification: $1,000. Operations that incur this fee shall
increase their baseline by 25 production inputs. Any additional inputs
above this baseline will incur an additional fee as established in
this subsection.
(B) Handler Scope. Fee for each location of an operation
or portion of an operation that handles organic product and is required
to obtain certification per 7 CFR Part 205 or desires to obtain organic
certification for the purpose of brokering and/or trading of certified
organic product.
(i) Fee for handler scope: $1,500. Fee includes certification
for handling of bulk raw agricultural commodities; single ingredient
finished products (e.g. cotton, coffee, rice); livestock feed that
is consumed onsite of the operation; and review of organic labeling
claims made in compliance with 7 CFR Part 205, §§205.307
- 205.309.
(ii) Fee for certification of multi-ingredient processed
products for operations that have 25 or less multi-ingredient processed
products: $250 per product.
(iii) Fee for certification of multi-ingredient processed
product for operations that have 26 or more multi-ingredient processed
products: $6,250 for the certification of the first 25 products and
$100 for the certification of each additional product.
(iv) Fee for reviewing each new organic product label
or label template or change to a previously approved product label
or label template for compliance with 7 CFR Part 205, §§205.303
- 205.306. (To be classified as a label template, organic claims made
on main label and any information content, use of the department's
organic logo, use of the United States Department of Agriculture organic
seal, and certified by statement must remain the same (i.e. size,
color(s), and location on the label)): $200.
(C) A change fee is incurred when an operation submits
documentation to make one or more changes to an organic system plan
after the initial review of the organic system plan documentation
has been conducted: $300.
(i) If an operation submits documentation to make one
or more changes to an organic system plan after the initial review
has been conducted and includes changes to add one or more producer
inputs or changes to previously submitted multi-ingredient processed
products or product labels, such changes are cumulative and charged
at the applicable fee rate provided in paragraph (1) of this subsection.
(ii) A change fee is not incurred when the only change
to the organic system plan is the addition of one or more producer
inputs, addition of new or changes to previously submitted multi-ingredient
processed products or product labels. Such changes are charged at
the applicable fee rate provided in paragraph (1) of this subsection.
(3) Administrative fees. The following fees are incurred
by an operation that is not compliant with 7 CFR Part 205 and are
cumulative.
(A) Corrective action fee: incurred for each area of
noncompliance identified in a notice of noncompliance that is issued
to an operation due to adverse findings from an inspection, review,
or investigation of an operation that is seeking certification from
or is currently certified by the department: $200 per area of noncompliance.
(B) Re-inspection fee: incurred when a re-inspection
must be conducted to verify that an operation has come into compliance
with one or more previously identified areas of noncompliance: $400
per re-inspection.
(C) Late Fees: incurred when an operation fails to
submit an annual update fee payment on or before the due date of the
certification annual update shall pay, in addition to the annual update
fee, a late fee of:
(i) 50 percent of the certification fee if received
by the department from at least one but less than 91 days after the
due date;
(ii) 100 percent of the certification fee if received
by the department 91 days after the due date.
(4) Additional Service fees. The following fees are
incurred at the time the service is requested and are cumulative.
The purpose of the following service fees is to facilitate trade and
satisfy document requirements by another certifying agent, organic
operation, transitional operation, or a foreign government.
(A) Organic pesticide residue tissue sample collection
requested by client during scheduled inspection: $250 per sample.
(B) Organic pesticide residue tissue sample collection
requested by client when inspection is not scheduled: $200 fee for
the facility visit, plus $250 per sample.
(C) Review of an operation's organic system plan for
compliance with a trade agreement between the United States Department
of Agriculture National Organic Program and a foreign trade partner:
$75.
(D) Trade documents: $50 per document requested.
(E) Transaction certificate: $100 per certificate.
(b) The department may require additional fees or refund
fees submitted by producers and handlers for underpayment or overpayment
of prescribed annual fees or for a portion of a certification period.
(c) Prorated fees may be charged for extension of an
annual certification period that is prescribed by the department.
(d) Scheduled date of annual update.
(1) The due date for annual certification update shall
be the anniversary of initial certification or the anniversary date
of the previous date for annual certification update.
(2) A certified operation may submit a written request
to revise its due date for annual certification; provided that:
(A) The operation has not already submitted a written
request to revise its existing due date for annual certification during
the current certification year;
(B) The requested due date must not be more than five
calendar months past the existing due date of certification;
(C) The requested due date is on the last date of the
month; and
(D) Normal organic operations are available for inspection
for a period of six calendar months following the requested due date.
(3) The written request must be received by the department
prior to 30 days before the requested due date if the requested due
date for annual certification will occur prior to the existing due
date. The operation's annual update documents and fee payment will
be due on the revised due date for annual certification update.
(4) The written request must be received by the department
prior to 30 days before the existing due date if the requested due
date for annual certification will occur after the existing due date
and be accompanied by payment of all applicable fees.
(5) If the department finds that the due date for annual
update of certification occurs during or immediately preceding a period
of 3 months or more where no harvestable crop will be in production
or when no organic product will be handled, the department may assign,
at its discretion, a due date for annual certification renewal from
one of the following dates:
(A) January 31 of each year.
Cont'd... |