SEC. 69-47-7. Avoidance of pesticides and other comtaminating residues.
(1) Every precaution shall be taken to avoid pesticide or other contaminating residues on agricultural products sold or labeled as organic. In cases of unavoidable environmental contamination, residues shall not exceed the limits set by the department. For any substance not currently regulated by federal law, the department may set appropriate action levels.
(2) The department shall sample a percentage of organic raw agricultural commodities and organic processed food products as part of the state pesticide residue monitoring program. Results obtained from organic produce and organically processed product samples shall be compiled in a separate annual report and submitted to the United States Department of Agriculture.
(3) If a pesticide residue or residue of another prohibited substance is found on an organic raw agricultural commodity or an organically processed product by a state pesticide residue monitoring program, the department may conduct an investigation of the appropriate handler, producer or processor.
(4) The department may conduct periodic residue testing of agricultural products sold as organic in the following situations:
(a) In cases of pesticide drift;
(b) When farm or handling facility inspection leads to suspicion of residue problems;
(c) Suspicion that the soil harbors contaminants;
(d) Suspicion that irrigation water or rainfall contains residues;
(e) During the thirty-six-month period immediately following treatment of a certified organic farm by a state or federal emergency spray program; or
(f) In response to complaints, or to follow up on positive residue testing results from federal, state, or local government testing.
SOURCES: Laws, 2000, ch. 600, § 4, SB2559,
eff from and after July 1, 2000.