7 C.F.R. § 205.660

General

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(a) The National Organic Program's Program Manager, on behalf of the Secretary, may inspect and review certified production and handling operations and accredited certifying agents for compliance with the Act or regulations in this part.

(b) The Program Manager may initiate suspension or revocation proceedings against a certified operation:

(1) When the Program Manager has reason to believe that a certified operation has violated or is not in compliance with the Act or regulations in this part; or

(2) When a certifying agent or a State organic program's governing State official fails to take appropriate action to enforce the Act or regulations in this part.

(c) The Program Manager may initiate enforcement action against any person who sells, labels, or provides other market information concerning an agricultural product if such label or information implies that such product is produced or handled using organic methods, if the product was produced or handled in violation of the Organic Foods Production Act or the regulations in this part.

(d) The Program Manager may initiate suspension or revocation of a certifying agent's accreditation if the certifying agent fails to meet, conduct, or maintain accreditation requirements pursuant to the Act or this part.

(e) Each notification of noncompliance, rejection of mediation, noncompliance resolution, proposed suspension or revocation, and suspension or revocation issued pursuant to §§ 205.662, 205.663, and 205.665 and each response to such notification must be sent to the recipient's place of business via a delivery service which provides dated return receipts.

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3625, Jan. 19, 2023]

Notes of Decisions

Cited in 3 cases, 2016–2018 · leading case: Marentette v. Abbott Labs., Inc., 886 F.3d 112 (2d Cir. 2018).

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Marentette v. Abbott Labs., Inc., 886 F.3d 112 (2d Cir. 2018). · cites it 2× “7 C.F.R. § 205.660 . The Program can also suspend or bar certifying agents who wrongfully or negligently grant certification.”

Marentette v. Abbott Labs., Inc., 201 F. Supp. 3d 374 (E.D.N.Y 2016). · cites it 2× “§ 6519 ; 7 C.F.R. § 205.660 . If the NOP’s Program Manager “has reason to believe that a certified operation has violated or is not in compliance with the [OFPA] ” or a “certifying agent or a State organic program’s governing State official fails to take appropriate action to…”

Birdsong v. Nurture, Inc., 275 F. Supp. 3d 384 (E.D.N.Y 2017). “” 7 C.F.R. § 205.660 (b). If an operation fails to comply with the OFPA, it is subject to a civil penalty of up to $10,000 per violation and the possibility of a five-year prohibition from re-certification.”

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