Noncompliances and Adverse Actions in Organic Certification
Understanding a Noncompliance Notice and Adverse Actions in Organic Certification
Summary: A noncompliance notice is issued when an operation is not meeting organic standards. It explains the problem, the rule involved, and what needs to be fixed. If the issue is corrected and documented on time, certification can continue.
If an operation fails to respond or correct the issue, adverse actions such as denial, suspension, or revocation of certification may follow. Always respond promptly and provide complete information to avoid serious consequences.
When is a Noncompliance Notice Issued?
A noncompliance notice is issued if an inspection, review, or investigation shows that an operation is not meeting organic requirements. Common reasons include:
- Missing or incomplete records
- Use of an unapproved input or material
- Labeling that does not meet organic standards
- Failure to implement required organic practices
If the issue can be corrected, the operation has the opportunity to provide a written plan explaining how it will be fixed.
What’s Included in a Noncompliance Notice?
A notice will always include:
- The specific noncompliance identified
- The rule or standard that applies
- The reason for the notice (evidence or inspector observation)
- The deadline for a written response
How Do I Know if the Noncompliance is Resolved?
Once you submit proof that the issue has been corrected, Oregon Tilth will review your response. You will receive:
- A written notification confirming the issue is resolved, or
- A follow-up letter if more information is required
Certification moves forward only when all noncompliances are fully addressed.
Steps to Resolve a Noncompliance
To resolve a noncompliance successfully:
- Review the notice carefully – make sure you understand the issue.
- Gather supporting documents – such as records, photos, logs, or signed statements.
- Write a clear response – explain what actions you took, how the issue is corrected, and how you will prevent it from happening again.
- Include timelines – if future actions are needed, state what they are, when they will start, and when they will be completed.
- Submit before the deadline – late or incomplete responses can lead to further action.
What Happens After I Submit My Response?
- Oregon Tilth reviews your response and may request additional evidence.
- If your plan is sufficient, you’ll receive confirmation of resolution.
- If not, further follow-up will be required.
- You can always contact the staff member listed in your notice with questions.
Understanding Adverse Actions
If an operation fails to properly respond to a noncompliance notice or continues to violate standards, Oregon Tilth may issue an adverse action.
Types of Adverse Actions:
- Denial of Certification – for applicants who fail to meet standards, do not respond to noncompliance notices, or fail to pay certification fees.
- Proposed Suspension of Certification – for certified operations that do not correct violations or fail to respond by deadlines.
- Proposed Revocation of Certification – for willful violations such as fraud. Revocation prevents reapplication for at least five years.
What Happens if I Receive an Adverse Action?
- You will have 30 days to:
- Appeal the decision, or
- Request mediation
- If no action is taken, the proposed denial, suspension, or revocation becomes final.
Suspension of Certification
If suspended, an operation cannot sell, represent, or label products as organic. Reinstatement requires approval by the National Organic Program (NOP) or relevant authority.
Suspension may be proposed if:
- Violations cannot be corrected
- Required corrective actions are incomplete
- You do not respond to requests by the deadline
Revocation of Certification
Revocation is the most serious action, generally issued for fraud or willful violations. Once revoked, certification is barred for at least five years.
How to Avoid Adverse Actions
- Stay compliant with USDA organic standards.
- Respond to all notices and requests from Oregon Tilth on time.
- Correct issues promptly, even if they seem small.
- Keep accurate records to show compliance.