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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry |
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Chapter 37. Food Safety |
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Subchapter 15. Organic Products |
SECTION 35:37-15-11. Organic Certifying Agent Registration
Latest version.
- (a) Any certifying agent that certifies organic entities within the state shall be required to submit an application for registration with the Department. A listing of registered certifying agents shall be maintained by the Department and shall be made available to the public upon request.(b) Registration shall be in effect from January 1 of the year registered and shall continue to be in effect through December 31 of the year it was issued, unless cancelled by the registrant or by the Department pursuant to sections (f) and (g) of this rule.(c) An annual registration fee of fifty dollars ($50) shall accompany each application. Registration fee is not prorated throughout the year nor refunded if denied for any reason.(d) Registration renewal applications shall be submitted within fifteen (15) working days from last valid date of registration. Any applicant who fails to comply with registration renewal requirements shall pay a fifty dollar ($ 50) late fee in addition to the annual registration fee to become eligible for registration renewal.(e) The application for registration shall be submitted to the Department on an approved application form in the manner prescribed by the Department. The application shall include information about:(1) Business name and address of certifying agent;(2) Name and address of certifying agent's authorized representative;(3) Listing of organic entities' names and addresses located within the state of Oklahoma certified by the certifying agent;(4) The category of organic entity, whether of production or handling.(A) If production, total organic acreage or square footage of land located in the state, and gross sales generated by organic entity.(B) If handling, total gross sales generated by facilities located in the state.(C) Years organic entity has been certified by certifying agent.(f) Any certifying agent found to be certifying organic entities located within the state may be assessed a fee up to five hundred dollars ($ 500) per violation for failure to register with the Department.(g) If the state refuses registration to a certifying agent for any reason, the applicant shall be notified by writing of the reasons. An informal hearing shall be granted upon notification of denial when requested by the applicant.(1) The applicant has the right to appear before the Department after receiving a "Denial of Registration" or "Suspension or Revocation of Registration" letter to introduce evidence; either in person or by an agent or attorney at an informal hearing.(2) If, after the hearing, or if the defendant or the defendant's agent or attorney fails or refuses to appear, the Department determines that the evidence warrants refusal of registration, the Department shall proceed as herein provided.