Michigan Compiled Laws
Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931)
Section 286.917 - Registration as Certifying Agent; Demonstration of Compliance; Requirements.

Sec. 17.
To obtain a registration as a certifying agent, an applicant shall demonstrate to the satisfaction of the director all of the following:
(a) Certification standards meeting or exceeding the Michigan organic standards.
(b) A requirement that producers or handlers that will be certified establish an organic plan.
(c) The establishing and following of a procedure that allows producers and handlers to appeal an adverse certification determination.
(d) A requirement that each person it certifies demonstrate to the satisfaction of the certifying agent on an annual basis that the person has produced, handled, sold, offered for sale, advertised, or labeled as organic an agricultural product in compliance with the standards imposed under this act.
(e) Providing for at least an annual on-site inspection of each person it certified.
(f) A requirement for the conduct of residue testing of organic products that have been produced on certified organic farms and handled through certified handling operations to determine whether such products contain any prohibited substances if determined necessary by the director.
(g) The following of adequate procedures necessary to carry out the certifying duties of this act.
(h) Protecting against conflict of interest.
(i) The establishing of a process that ensures impartiality of the registrant's inspectors to include, at a minimum, training in organic certification procedures and other related issues determined necessary and approved by the director.
(j) Providing to the director the names, addresses, and agricultural products certified for all persons certified by the registrant not less than annually or upon request of the director. A certifying agent has a continuing duty to update names or products as deletions and additions occur.
(k) Allowing the director access during normal business hours to relevant records including, but not limited to, business records relating to issuance of the certification, certification documents relating to clients, and laboratory analyses.
(l) Complying with any other reasonable and necessary requirements imposed by the director to ensure compliance with this act.
History: 2000, Act 316, Eff. Oct. 1, 2001

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 286 - Agricultural Industry

Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931)

Section 286.901 - Short Title.

Section 286.903 - Definitions; a to D.

Section 286.905 - Definitions; G to L.

Section 286.907 - Definitions; M to P.

Section 286.909 - Definitions; R to W.

Section 286.911 - Authority of Department to Regulate, Promote, and Assist Organic Industry; Sale, Offer for Sale, or Representation as Organic Product; Registration Required.

Section 286.913 - Production, Sale, or Handling of Organic Products; Certification Required; Exceptions; Retail Food Establishments.

Section 286.915 - Registration as Certifying Agent; Fee; Demonstration of Compliance; Expiration; Renewal.

Section 286.917 - Registration as Certifying Agent; Demonstration of Compliance; Requirements.

Section 286.919 - Registration of Handler; Application; Fee; Basis; Schedule; Coordination of Registration Procedures.

Section 286.920 - Organic Products Fund; Establishment in State Treasury; Receipt, Deposit, and Expenditure of Funds; Carrying Forward Unexpended Funds.

Section 286.921 - Rules; Scope.

Section 286.922 - Reciprocity Agreement With Another State, Country, or Private Certifying Organization.

Section 286.923 - Labeling and Advertisement; Requirements; Circumstances Considered as Mislabeling.

Section 286.925 - Organic Advisory Committee; Creation; Powers and Duties; Membership; Terms; Travel Reimbursement; Election of Officers and Adoption of Rules; Quorum; Meetings; Proceedings Subject to Open Meetings Act; Records Subject to Freedom of...

Section 286.927 - Complaints and Investigations; Penalties or Remedies; Rules; Denial of Application; Suspension or Revocation of Registration; Seizure of Product; Disposition; Written Notice of Warning; Injunctive Relief; Access by Director to Estab...

Section 286.929 - Violation of Act or Rule; Administrative Fine; Misdemeanor; Penalty; Affirmative Defense; Felony.

Section 286.931 - Effective Date.