NAC587.905. Application for and continued certification of production or handling operation; payment, amount and refund of fees.

     1. A person seeking to receive certification of a production or handling operation must submit:

     (a) An application for certification pursuant to 7 C.F.R. § 205.401; and

     (b) The fees required pursuant to subsection 3.

     2. A person seeking to maintain certification must annually submit:

     (a) An updated organic system plan of production or handling pursuant to 7 C.F.R. § 205.406; and

     (b) The fees required pursuant to subsection 3.

     3. A person seeking certification or continued certification of a production or handling operation must pay the following fees to the Department:

     (a) For an application for certification pursuant to subsection 1, a nonrefundable fee of $150.

     (b) For annual continued certification pursuant to subsection 2, a nonrefundable fee of $75.

     (c) For each year in which a person applies for certification or continued certification, an amount specified in the following table based on an estimate of the gross income of the organic sales of the production or handling operation for the calendar year in which the certification or continued certification is requested:

Gross Income	Amount
$0 to $5,000.................................	$150
$5,001 to $10,000........................	$175
$10,001 to $15,000......................	$250
$15,001 to $20,000......................	$275
$20,001 to $25,000......................	$300
$25,001 to $30,000......................	$325
$30,001 to $35,000......................	$350
$35,001 to $50,000......................	$375
$50,001 to $75,000......................	$450
$75,001 to $100,000....................	$550
$100,001 to $150,000..................	$600
$150,001 to $200,000..................	$700
$200,001 to $250,000..................	$850
$250,001 to $350,000..................	$1,250
$350,001 to $500,000..................	$1,750
$500,001 or more.........................	$3,500

     (d) For each initial on-site inspection, a nonrefundable fee of $65 per hour, including travel time, and, for mileage, per mile, an amount that is equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

     4. The payment of a fee based on gross income from organic sales required pursuant to paragraph (c) of subsection 3 will be refunded if the request for certification or continued certification is withdrawn in writing and received by the Department before the initial inspection for the year in which the certification or continued certification is requested. In determining the amount of the fee pursuant to paragraph (c) of subsection 3:

     (a) For certification of a handling operation, all organic products handled at an area of operation certified by the Department must be included in calculating the estimated gross income; and

     (b) For certification of a production operation, only organic products that are produced from operations certified by the Department must be included in calculating the estimated gross income.

     5. Any forms or fees required to be submitted pursuant to subsections 1 to 4, inclusive, that are received by the Department after March 31 must be considered late and must be accompanied by a late fee of $250 in addition to any fees otherwise prescribed by this section.

     (Added to NAC by Bd. of Agriculture by R190-97, eff. 4-10-98; A by R044-00, 5-11-2000; R065-02, 9-20-2002; R032-06, 11-13-2006; R087-11, 12-30-2011)