1 Organic Certification. Amend RSA 426:6-b to read as follows:

426:6-b Certification.

I. Any producer, processor, on-farm 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, on-farm 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.

IV, V. Repealed.

VI. For purposes of this chapter "on-farm processor" means a processor who uses products grown or raised on his or her own farm.

2 Rulemaking. 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.

3 Appropriation; Organic Certification. The sum of $350,000 for the fiscal year ending June 30, 2023 is hereby appropriated to the commissioner of the department of agriculture, markets, and food for the administration of the organic certification program. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

4 Effective Date. This act shall take effect July 1, 2022.

1 Organic Certification. Amend RSA 426:6-b to read as follows:

426:6-b Certification.

I. Any producer, processor, on-farm 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 shall 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 shall employ , contract, or make arrangements for inspectors to certify agricultural producers, processors, on-farm 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.

IV, V.

VI. For purposes of this chapter "on-farm processor" means a processor who uses products grown or raised on his or her own farm.

VII. The department shall employ, contract, or make arrangements to execute organic certification responsibilities consistent with federal requirements. Such arrangements may be through a collaboration, contract, or an agreement with another nearby state meeting federal organic certification program requirements.

2 Rulemaking. Amend RSA 426:8 to read as follows:

426:8 Rulemaking. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the following:

I. Reviewing requests by operations desiring organic certification in accordance with the United States Department of Agriculture National Organic Program.

II. Processing requests for certification, including a method for tracking requests.

III. Inspecting certified organic operations, including required annual audits and review of processes to determine compliance with federal standards.

IV. Issuance of enforcement actions as needed.

V. Any other rules necessary for carrying out the provisions of this chapter.

3 Appropriation; Organic Certification. The sum of $350,000 for the fiscal year ending June 30, 2023 is hereby appropriated to the commissioner of the department of agriculture, markets, and food for the administration of the organic certification program. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

4 Effective Date. This act shall take effect July 1, 2022.