8 CCR 1202-18 Part 3 - SPECIAL REQUIREMENTS FOR AGRICULTURAL EMPLOYERS TRANSITIONING TO ORGANIC AGRICULTURE

3.1 An agricultural employer that is actively engaged in the transition to certified organic agriculture, but not yet certified organic by the USDA NOP or an accredited organic certifier, must request a variance from the Department pursuant to Part 2 above in order to have agricultural workers hand weed or hand thin more than occasionally or intermittently.

3.1.1 An agricultural employer that is actively engaged in the transition to certified organic agriculture is only eligible to receive a variance certificate for up to three consecutive years.

3.1.1.1 The Commissioner may issue a variance certificate pursuant to Part 2 above for additional consecutive periods to such an agricultural employer when the agricultural employer establishes that a third party has applied prohibited substances or methods to the agricultural employer's property without the permission of the agricultural employer, such that the agricultural employer's transition to organic agriculture must be extended for another three years.

3.1.1.2 Nothing in this Part. 3.1 prohibits the Commissioner from exercising the Commissioner's discretion to issue variance certificates pursuant to Part 2 above for additional consecutive periods upon a showing of extenuating circumstances by the agricultural employer.

3.2 Notwithstanding Part 3.1 above, variance certificates described in Part 2 above are not required if:

3.2.1 An agricultural employer's agricultural property is already USDA NOP certified and that agricultural employer has included and identified additional and specific fields or greenhouses in its Organic System Plan as transitioning from conventional to organic agriculture.

3.2.2 An agricultural employer is transitioning agricultural property from conventional to certified organic agriculture and is participating in a formal transition program with an accredited USDA organic certifier.

3.3 Nothing in this Part 3 requires an agricultural employer that is actively engaged in the transition to certified organic agriculture to request a variance for Exempt Activities.

Notes

8 CCR 1202-18 Part 3

45 CR 01, January 10, 2022, effective 1/30/2022