21feb02...2571h

21mar02...3145eba

2002 SESSION

01-2155

08/09

HOUSE BILL 1171

AN ACT relative to organic food production.

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill provides for New Hampshire standards on organic food to conform with federal standards.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21feb02...2571h

21mar02...3145eba

01-2155

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to organic food production.

Be it Enacted by the Senate and House of Representatives in General Court convened:

38:1 Definition. RSA 426:6 is repealed and reenacted to read as follows:

426:6 Definition. In this chapter, "organic" means an agricultural plant, animal, food, or fiber commodity produced in accordance with the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.

38:2 Labeling and Advertising. RSA 426:6-a is repealed and reenacted to read as follows:

426:6-a Labeling and Advertising. An agricultural plant, animal, food, or fiber commodity shall not be sold or labeled as organic unless it meets the requirements set forth in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.

38:3 Certification. RSA 426:6-b is repealed and reenacted to read as follows:

426:6-b Certification.

I. Any producer, processor, or handler of agricultural plant, animal, food, or fiber commodities that are sold, labeled, or represented as "100 percent organic," "organic," "made with organic," or similar terms, shall be enrolled in a certification program which includes an inspection made no less than annually, by a certifying agency accredited by the United States Department of Agriculture in accordance with the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, unless such producer, processor, or handler is exempted therein.

II. The commissioner may enter into a cooperative agreement with the United States Department of Agriculture to become an accredited certifying agency as provided for by the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, and to implement the provisions thereof.

III. The commissioner may employ inspectors to certify agricultural producers, processors, and handlers in this state, and to determine whether or not agricultural plant, animal, food, or fiber commodities are marked, branded, or labeled in accordance with the labeling requirements set forth in this chapter and in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.

38:4 Rulemaking; Fees. Amend RSA 426:8 to read as follows:

426:8 Rulemaking; Fees. The commissioner may adopt rules, pursuant to RSA 541-A, for carrying out the provisions of this chapter, including the fixing of fees for inspections and certifications authorized by RSA 426:6-b and RSA 426:7. Such fees shall be credited to the general funds of the state.

38:5 Effective Date. This act shall take effect upon its passage.

(Approved: April 19, 2002)

(Effective Date: April 19, 2002)