Again for anyone interested in producing and selling certified organic produce take the time to research the restrictions, certification process and requirements within your own state. Do your due diligence and research for your own protection. Regardless of District Attorney rulings in any state that may or may not apply to you. If you say that your produce is organic and sell it as such take the time to complete the certification correctly according to your own individual state. If not the Federal penalties as set by congress are as follows:
Penalties -
(1)
Agricultural Marketing Service.
(i) Civil penalty for improper record keeping codified at
7 U.S.C. 136i-1(d), has: A maximum of $1,036 in the case of the first offense, and a minimum of $2,012 in the case of subsequent offenses, except that the penalty will be less than $2,012 if the Secretary determines that the person made a good faith effort to comply.
(ii) Civil penalty for a violation of the unfair conduct rule under the Perishable Agricultural Commodities Act, in lieu of license revocation or suspension, codified at
7 U.S.C. 499b(5), has a maximum of $5,638.
(iii) Civil penalty for violation of the licensing requirements under the Perishable Agricultural Commodities Act, codified at
7 U.S.C. 499c(a), has a maximum of $1,800 for each such offense and not more than $449 for each day it continues, or a maximum of $449 for each offense if the Secretary determines the violation was not willful.
(iv) Civil penalty in lieu of license suspension under the Perishable Agricultural Commodities Act, codified at
7 U.S.C. 499h(e), has a maximum penalty of $3,599 for each violative transaction or each day the violation continues.
(v) Civil penalty for a violation of the Export Apple Act, codified at
7 U.S.C. 586, has a minimum of $163 and a maximum of $16,444.
(vi) Civil penalty for a violation of the Export Grape and Plum Act, codified at
7 U.S.C. 596, has a minimum of $314 and a maximum of $31,465.
(vii) Civil penalty for a violation of an order issued by the Secretary under the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, codified at
7 U.S.C. 608c(14)(B), has a maximum of $3,147. Each day the violation continues is a separate violation.
(viii) Civil penalty for failure to file certain reports under the Agricultural Adjustment Act, reenacted by the Agricultural Marketing Agreement Act of 1937, codified at
7 U.S.C. 610(c), has a maximum of $314.
(ix) Civil penalty for a violation of a seed program under the Federal Seed Act, codified at
7 U.S.C. 1596(b), has a minimum of $107 and a maximum of $2,146.
(x) Civil penalty for failure to collect any assessment or fee for a violation of the Cotton Research and Promotion Act, codified at
7 U.S.C. 2112(b), has a maximum of $3,147.
(xi) Civil penalty for failure to pay, collect, or remit any assessment or fee for a violation of a program under the Potato Research and Promotion Act, codified at
7 U.S.C. 2621(b)(1), has a minimum of $1,411 and a maximum of $13,009.
(xii) Civil penalty for failure to obey a cease and desist order under the Potato Research and Promotion Act, codified at
7 U.S.C. 2621(b)(3), has a maximum of $1,411. Each day the violation continues is a separate violation.
(xiii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Egg Research and Consumer Information Act, codified at
7 U.S.C. 2714(b)(1), has a minimum of $1,631 and a maximum of $16,308.
(xiv) Civil penalty for failure to obey a cease and desist order under the Egg Research and Consumer Information Act, codified at
7 U.S.C. 2714(b)(3), has a maximum of $1,631. Each day the violation continues is a separate violation.
(xv) Civil penalty for failure to remit any assessment or fee or for a violation of a program under the Beef Research and Information Act, codified at
7 U.S.C. 2908(a)(2), has a maximum of $12,722.
(xvi) Civil penalty for failure to remit any assessment or for a violation of a program regarding wheat and wheat foods research, codified at
7 U.S.C. 3410(b), has a maximum of $3,147.
(xvii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Floral Research and Consumer Information Act, codified at
7 U.S.C. 4314(b)(1), has a minimum of $1,481 and a maximum of $14,807.
(xviii) Civil penalty for failure to obey a cease and desist order under the Floral Research and Consumer Information Act, codified at
7 U.S.C. 4314(b)(3), has a maximum of $1,481. Each day the violation continues is a separate violation.
(xix) Civil penalty for violation of an order under the Dairy Promotion Program, codified at
7 U.S.C. 4510(b), has a maximum of $2,737.
(xx) Civil penalty for pay, collect, or remit any assessment or fee or for a violation of the Honey Research, Promotion, and Consumer Information Act, codified at
7 U.S.C. 4610(b)(1), has a minimum of $822 and a maximum of $8,433.
(xxi) Civil penalty for failure to obey a cease and desist order under the Honey Research, Promotion, and Consumer Information Act, codified at
7 U.S.C. 4610(b)(3), has a maximum of $843. Each day the violation continues is a separate violation.
Further penalties and accurate information can be found at links:
Code of Federal Regulations
USDA National Agricultural Marketing Service, Organic Enforcement