Understanding noncompliances and adverse actions - Oregon Tilth

Understanding noncompliances and adverse actions

#Understanding a noncompliance notice

When is a noncompliance issued?

If an inspection, review, or investigation shows that an operation isn’t meeting the required standards, we will issue a notice of noncompliance. If the issue can be fixed and the operation sends us a written plan explaining how they will correct it, we can often resolve the problem.

What is in a noncompliance notice?

A notice explains what the noncompliance is, which rule or standard it relates to, why the notice was given (such as based on observations or evidence), and when the written response is due.

How will I know when the noncompliance is resolved and removed?

When an operation provides proof that each issue has been fully corrected, we will send a written notification stating the problem is resolved or if more action is needed. If the response is incomplete or missing information, we will send a follow-up letter listing what’s still needed and the due dates to respond. We can only move forward with your certification after all noncompliances have been fully addressed.

#Resolution of a noncompliance

If you receive a noncompliance notice, it’s important to respond in a timely manner with a complete  response to resolve the issue. Make sure you  read and understand what the noncompliance issue is and what actions are being asked of you. We will provide supporting documents, when necessary, to give more context about the issue.

What steps do I take to successfully resolve a noncompliance?

Start by collecting and organizing all the requested information, such as records, pictures, or letters, etc. Then clearly explain how you have responded to each issue and what steps you have taken to ensure that it will not continue to happen. We will review t how the issue was corrected and how you plan to prevent it  in the future. If you plan to take future actions, include the steps you will take, when you will start them, and when they will be completed.

What happens after I submit my response?

Once we receive your response we will review it and may request additional information, documents, or evidence if needed. If you have any questions during the process, reach out to the staff member  listed in your notice as they can help explain the noncompliance and process.

#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.

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