Testimony of Pat O'Neil, Organic Coordinator
Plant Industries
North Dakota Department of Agriculture
Senate Bill 2385
January 17, 2003
10:00 a.m.
Senate Agriculture Committee
Roosevelt Room

Chairman Flakoll and members of the committee. My name is Pat O'Neil and I am the Organic Coordinator in the Department of Agriculture. I am here to testify in support of SB 2385. This is a housekeeping bill to clean up and clarify North Dakota's organic laws.

There are approximately 177 certified organic farming operations in North Dakota. Under the current law, the North Dakota Department of Agriculture registers private organic certifying agents, and we take enforcement action if someone violates the organic laws in North Dakota.

On October 21, 2002, an new National Organic Program rule became effective. It defines and regulates all organic production, processing, handling, labeling and certification activities. The primary effect upon our state was it invalidated all of the organic provisions in the Century Code except those relating to the registration of organic certifying agencies. The new rule supercedes all previous and existing national and state organic laws, rules and regulations.

The new federal rule provides that any state which has an organic program must enforce the federal rule. The enforcement of the federal rule would require, at a minimum, one FTE. There are two certifying agencies registered with North Dakota and both have been accredited under the new federal program. We do not have a state organic program at this time. It would require one to one and one-half FTEs to prepare and administer a state program.

Some of the existing language in our law does not comply with the new federal regulations. The provisions relating to the registration of certifying agencies have been refined and retained in this proposal. The result is that North Dakota will comply with the new federal rule and will not be responsible for the enforcement of the same rule. There will be no fiscal impact as a result of this new law and the existing organic operations will continue to operate as in the past.

Thank you for the opportunity to appear here today. Are there any questions?