Understanding adverse actions
If a certified organic operation fails to respond properly or doesn’t address the issues found during the certification process, we will need to issue an adverse action.
What happens if I receive an adverse action?
An adverse action may include a denial, proposed suspension, or proposed revocation of certification. Operations that receive an adverse action can request mediation or appeal the decision.
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How can I avoid receiving an adverse action?
Every operation should make sure they stay compliant and respond to our requests in a timely manner. If an issue can be easily corrected but is ignored, it could lead to an adverse action.
What happens if I get an adverse action during the application process?
We may issue a denial of certification if an operation doesn’t comply with the required standards. A denial can also happen if the operation does not respond to noncompliance notices or has not paid the certification fees.
When would OTCO issue a proposed suspension of certification?
We may issue a proposed suspension notice if a violation of the standards cannot be corrected or if a required corrective action is not completed. Suspension can also be proposed if a certified operation does not respond to our requests by the deadline.
What happens if I receive a proposed suspension?
Once a proposed suspension is received, the operation has 30 days to either (a) appeal the decision or (b) request mediation. If no response is received within that time, a suspension will be issued. During the suspension, the operation cannot sell any products as organic until reinstatement is approved by the National Organic Program (or other relevant authority).
When would OTCO issue a proposed revocation of certification?
If we find that an operation has willfully violated the standards, such as through fraud, we will immediately issue a proposed revocation of certification. If the National Organic Program (NOP) revokes the certification, anyone legally connected to the operation cannot apply for organic certification again for at least five years.
What happens if I receive a proposed revocation of certification?
If you receive a proposed revocation, you have 30 days to (a) appeal the decision or (b) request a mediation. If no action is taken within that time, the revocation becomes final after 30 days. Once revoked, you cannot sell any products as organic, and certification cannot be reinstated for at least five years.