[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR205.100]

[Page 390-391]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 205_NATIONAL ORGANIC PROGRAM--Table of Contents
 
                         Subpart B_Applicability
 
Sec. 205.100  What has to be certified.


    (a) Except for operations exempt or excluded in Sec. 205.101, each 
production or handling operation or specified portion of a production or 
handling operation

[[Page 391]]

that produces or handles crops, livestock, livestock products, or other 
agricultural products that are intended to be sold, labeled, or 
represented as ``100 percent organic,'' ``organic,'' or ``made with 
organic (specified ingredients or food group(s))'' must be certified 
according to the provisions of subpart E of this part and must meet all 
other applicable requirements of this part.
    (b) Any production or handling operation or specified portion of a 
production or handling operation that has been already certified by a 
certifying agent on the date that the certifying agent receives its 
accreditation under this part shall be deemed to be certified under the 
Act until the operation's next anniversary date of certification. Such 
recognition shall only be available to those operations certified by a 
certifying agent that receives its accreditation within 18 months from 
February 20, 2001.
    (c) Any operation that:
    (1) Knowingly sells or labels a product as organic, except in 
accordance with the Act, shall be subject to a civil penalty of not more 
than 3.91(b)(1)(xxxvii) of this title per violation.
    (2) Makes a false statement under the Act to the Secretary, a 
governing State official, or an accredited certifying agent shall be 
subject to the provisions of section 1001 of title 18, United States 
Code.

[65 FR 80637, Dec. 21, 2000, as amended at 70 FR 29579, May 24, 2005]