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Monday, September 12, 2022

What Happens When USDA's National Organics Program Standards are Not Met?


The USDA organic regulations allow the AMS National Organic Program to issue proposed notices of suspension or revocation to certified organic operations that do not comply with the organic standards. If the operation does not appeal a proposed notice, NOP issues a final notice of suspension or revocation, which end the operation’s ability to sell, represent, or market product as organic.   

Oversight Update:
Certifier Exits and Appeals Process

Organic operations that are denied certification from a certifier or that receive a proposed notice of suspension or revocation may appeal that proposed notice to the AMS Administrator.  The AMS Administrator may sustain or deny an appeal, or AMS may choose to enter into a settlement agreement that achieves the goal of compliance.  If the AMS Administrator denies an appeal, the operation or certifier may request a hearing with a USDA Administrative Law Judge (ALJ).

The list below includes Final Notices of Suspension or Revocation issued by the National Organic Program, and AMS Administrator Decisions resulting from appeals. For each Decision, we have indicated whether a hearing has been requested with the ALJ. Operations  and certifiers that have requested a hearing remain certified pending the conclusion of their appeals.

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