7 C.F.R. § 205.680

General

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(a) Persons subject to the Act who believe they are adversely affected by an adverse action of the National Organic Program's Program Manager may appeal such decision to the Administrator.

(b) Persons subject to the Act who believe they are adversely affected by an adverse action of a State organic program may appeal such decision to the State organic program's governing State official, who will initiate handling of the appeal pursuant to appeal procedures approved by the Secretary.

(c) Persons subject to the Act who believe they are adversely affected by an adverse action of a certifying agent may appeal such decision to the Administrator, Except, that, when the person is subject to an approved State organic program, the appeal must be made to the State organic program.

(d) Persons subject to the Act who believe they are adversely affected by an adverse action of a certifying agent or a State organic program may request mediation as provided in § 205.663.

(e) All appeals must comply with the procedural requirements in § 205.681(c) and (d).

(f) All written communications between parties involved in appeal proceedings must be sent to the recipient's place of business by a delivery service which provides dated return receipts.

(g) All appeals must be reviewed, heard, and decided by persons not involved with the adverse action being appealed.

[88 FR 3626, Jan. 19, 2023]

Notes of Decisions

Cited in 4 cases, 2007–2018 · 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). “§ 6506 (a)(3) ; 7 C.F.R. §§ 205.680 -81; see also All One God Faith, Inc.”

Quesada v. Herb Thyme Farms, Inc., 361 P.3d 868 (Cal. 2015). “(a)), the appeal procedures Herb Thyme points to are expressly available only to ”[p]ersons subject to the Act” ( 7 C.F.R. § 205.680 (2015); accord, Cal. Code Regs.”

Marentette v. Abbott Labs., Inc., 201 F. Supp. 3d 374 (E.D.N.Y 2016). “7 C.F.R. § 205.680 (a), (c); see also 7 U.”

Massachusetts Indep. Certification, Inc. v. Johanns, 486 F. Supp. 2d 105 (D. Mass. 2007). · cites it 3× “MICI’s claimed interests — to maintain the integrity of the organic program and to maintain its own viability as a certifying agent — fall easily within the zone of interests sought to be protected or regulated by the statute, and are thus sufficient to confer prudential…”

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