Settlement Agreements

The NOP often enters into settlement agreements with operations, certified and uncertified, and accredited certifiers concerning noncompliance with the USDA organic regulations.  Typically, these settlements are executed as alternatives to administrative proceedings that may result in suspension or revocation of certification or accreditation, as well as civil penalties for the knowing sale of products in violation of the USDA organic regulations.  Settlement always requires operations to comply with USDA organic regulations and, sometimes, includes specific compliance requirements and/or reduced civil penalties.

Current Year

11/07/2022: Asociacion de Productores Palto Café Amazonas (Palto) – Utcubamba, Peru

Asociacion de Productores Palto Café Amazonas (Palto) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond on time to all certifier requests for information, documentation and other recordkeeping required to maintain its organic certification. Palto also agrees to submit its renewal certification application, updated Organic System Plan, and pay any outstanding certification-related fees to its certifier.

11/04/2022: Michael J. Scianamblo Family Real Estate LLC, dba Ripple Rock Ranch (Ripple) – Prospect, Oregon

Michael J. Scianamblo Family Real Estate LLC, dba Ripple Rock Ranch (Ripple), withdraws its appeal, waives further appeal rights in this matter, and agrees to respond on time to all certifier requests for information, documentation and other recordkeeping required to maintain its organic certification and conduct audits, mass balance and traceback exercises. Records shall include harvest records, seed purchase invoices, seed search documentation, and any inputs used, including amount, date of usage, and area of application. Ripple agrees to request certifier approval of and list all inputs in its Organic System Plan; refrain from using Super Lime Plus on any organic land; and provide its certifier with documentation of all inputs applied to hayfields in 2022. Ripple also agrees to use only synthetic substances allowed on the National List; consult with its certifier on soil fertility tests regarding soil amendments; and undergo an unannounced inspection, to include sampling and testing for prohibited substances.

11/04/2022: Sam Pecan Company S de RL de CV (Sam) – El Paso, Texas

Sam Pecan Company S de RL de CV (Sam) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond on time to all certifier requests for information, documentation and other recordkeeping required to maintain its organic certification and conduct audits, mass balance, and traceback exercises. Sam agrees to follow procedures listed in its Organic System Plan and notify its certifier of any changes; get certifier approval before using any inputs in its organic operation; and list procedures to prevent commingling and contamination of organic and nonorganic products. Sam agrees to submit Organic Control Points for traceability; use preventative pest management practices, such as mechanical physical controls; and not apply pest management chemicals without justification and documentation to its certifier. Sam also agrees to maintain records of all inputs used; maintain current organic certificates and purchase records for all its suppliers; and conduct yearly staff training on organic regulations, purchasing, verification of compliance documentation, and recordkeeping.

10/14/2022: Agricola Mocapen S.A. – Santa Elena, Ecuador

Agricola Mocapen S.A. (Mocapen) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond on time to all certifier requests for information, documentation and other recordkeeping required to maintain its organic certification, including its renewal certification application, updated Organic System Plan, and any owed certification fees.

10/14/2022: Frescos Don Gu S.A. de C.V. – Gaudalajara, Mexico

Frescos Don Gu S.A. de C.V. (Frescos) withdraws its appeal, waives further appeal rights in this matter, and agrees to have its organic handling certification suspended for one year in lieu of having its organic certification revoked for five years. While suspended, Frescos agrees not to represent itself as a certified operation, or represent, label, or sell any product as organic, and may seek reinstatement of organic certification one year after correcting all noncompliances involving its Organic System Plan, Master Commodity List, and documentation and other recordkeeping required to maintain organic certification. Frescos also agrees to keep all organic and conventional products separated, train its employees on the organic regulations and requirements, implement, and maintain corrective actions, and comply with the organic regulations.

10/10/2022: Emirfoods Gida Sanayi ve Ticaret Ltd. Sti. – Gaziantep, Sehitkamil, Turkey

Emirfoods Gida Sanayi ve Ticaret Ltd. Sti. (Emirfoods) withdraws its appeal, waives further appeal rights in this matter, agrees to surrender its organic certification, and agrees that it and its officers, Semsi Beyaz and Nuray Beyaz will not seek organic certification, represent themselves as having organic certification, seek organic certification under a different name, nor handle, represent, label, or sell any products as organic for two years from the execution of the Settlement Agreement. If after two years Emirfoods or the parties named above seek organic certification, they must apply as a new applicants, undergo inspection, and respond to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification.

10/06/2022: Living Intentions LLC – Richmond, California

Living Intentions LLC withdraws its appeal, waives further appeal rights in this matter, and agrees to not represent, label, or sell any product as organic until its certification is reinstated; pay a civil penalty of $5,200 and submit proof of payment to NOP; and comply with the organic regulations and respond on time to all certifier requests for information, documentation and other recordkeeping required to maintain its organic certification.

10/06/2022: CSB Nutrition Corporation – Spanish Fork, Utah

CSB Nutrition Corporation (CSB) withdraws its appeal, waives further appeal rights in this matter, and agrees to take corrective measures to confirm that all quaternary ammonium compounds (QACs) are removed from equipment prior to using it in organic handling. CSB agrees to only use certifier approved materials and inputs and document details in its Organic System Plan; sample, test, and utilize two levels of review on all incoming products, hold products until negative results for prohibited substances have been received, and provide laboratory reports to its certifier in the manner they were received; comply with the organic regulations, track ingredients with lot numbers, respond to certifier requests for information, documentation and other recordkeeping required to maintain organic certification and successfully conduct mass balance and traceback exercises, and train personnel annually on organic regulations, pesticide residue testing, and measures taken to prevent contamination of organic products. CSB also agrees to two unannounced inspections within two years of this settlement agreement, which may include sampling and testing for prohibited substances. 

10/04/2022: SNAP Trading and Industry Plc – Addis Ababa, Ethiopia

SNAP Trading and Industry Plc (SNAP) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond on time to all certifier requests for information, documentation and other recordkeeping required to maintain its organic certification. SNAP agrees to comply with the USDA organic regulations and its contract with Control Union Certification (CUC); to make sure that none of its employees, agents, or subcontractors forge, alter, or modify any documentation; and to take appropriate action, if this occurs. The company also agrees to allow adequate time prior to shipping products for consignment for CUC to issue a valid inspection certificate and other required documentation.

10/04/2022: Hortina S.P.R. de R.L. – Guanajuato, Mexico

Hortina S.P.R. de R.L. withdraws its appeal, waives further appeal rights in this matter, and agrees to respond on time to all certifier requests for information, documentation and other recordkeeping required to maintain its organic certification. Hortina also agrees to submit all certification-related fees on time.

9/19/2022: Shawn Stroh (Stroh) – Tappen, North Dakota

Shawn Stroh (Stroh) withdraws his appeal, waives further appeal rights in this matter, and agrees to respond on time to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including his 2022, 2023 and 2024 organic certification renewal applications and updated Organic System Plans. Stroh agrees to clarify his operation’s acreage to OCIA and pay all certification fees by the deadline.

8/23/2022: Nayade Merino Villalobos (Nayade) – Nuble Coihueco, Chile

Nayade Merino Villalobos (Nayade) withdraws its appeal, waives further appeal rights in this matter, agrees to pay a civil penalty of $2,500, and agrees to not represent, label, handle, or sell any product as organic unless its certification is reinstated. Nayade acknowledges that its request for reinstatement of organic certification will be reconsidered once NOP receives their first installation payment and their certifier confirms compliance with the Organic Foods Production Act and the organic regulations. The company agrees to use only certifier approved materials and inputs, to document input details, provide its certifier with accurate contact information, and that failure to make installation payments will result in suspension of its certification.

8/18/2022: Eva Gourmet LLC – Utica, New York

Eva Gourmet agrees to pay a civil penalty of $6,868 and immediately stop selling, labeling, or representing its products as organic without certification.

8/01/2022: Cooperativa de Produccion Tzeltal-Tzotzil –Pantelho Chiapas, Mexico

Cooperativa de Produccion Tzeltal-Tzotzil (Tzotzil) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including purchase orders, invoices, transaction certificates and other documentation for products sent to clients. Tzotzil agrees to use only certifier-approved inputs in its organic crop production and handling operation; oversee its producers for compliance with the NOP organic regulations; monitor buffer zones and producers with previously identified risks or contamination; inform its certifier when notified of products that test positive for prohibited substances; and undergo one unannounced inspection within 18 months of this agreement.

7/28/2022: Productora Agricola Greenearth de Mexico S.P.R de R.L. de C.V. – Coatepec Harinas, Mexico

Productora Agricola Greenearth de Mexico S.P.R de R.L. de C.V. (PAGM) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests for information from its certifier, including documentation of all organic activities and transactions. PAGM agrees to not represent, label, or sell any commodities as organic that were produced in greenhouses removed from organic certification; not to use any prohibited substance on its organic certified land or in its organic certified greenhouses; and to use only certifier-approved inputs. PAGM also agrees to update its Organic System Plan with the name, location, and usage date of all inputs and undergo two unannounced inspections.

7/18/2022: J.M.S. Farm – Buckingham, Illinois

J.M.S. Farm (JMS) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification and successfully conduct mass balance and traceback exercises. JMS agrees such records will include lot numbers documenting the production and sale of all crops and field activities; information on interseeded clover cover crops and seeds from 2022 and 2023, the 2017 wheat sold in June 2021, and the 2020 soybeans sold in 2021; and seed tags, purchase invoices, and field activity sheets. JMS agrees to only use organically grown seeds, annual seedlings, and planting stock, unless organic seeds are not commercially available, in which case, JMS will maintain records of its organic seed searches. The company also agrees to update its Organic System Plan annually, label all bins used for organic storage as “organic” and maintain legible, consistent records reflecting all activities of the operation.

7/12/2022: Brelje Farms, Nick Brelje/David Brelje – Brownton, Minnesota

Brelje Farms, Nick Brelje/David Brelje (Brelje) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including complete field histories for all land it manages, all inputs used, and any off-site storage affidavits for Jeff’s Hay Shed and off-farm manure affidavits. Brelje agrees to submit an updated Organic System Plan that uses consistently named fields, identifies crops and acreage, provides information on soybean seed used, and includes accurate information regarding transitioning land and storage of transitional hay. Brelje agrees to provide seed search documentation for any non-organic seed used and submit documentation showing the Rymin Rye used in 2021 was untreated. Brelje agrees to clarify the operation’s status; accurately reflect the operation’s organic production, and identify any transitioning land, showing clear boundary lines around each field, field ID numbers and names, adjoining land, and buffer zones. Brelje also agrees to submit requested information within 60 days of execution of this Settlement Agreement.

6/20/2022: Dr. Smood Florida LLC – Miami, FL

Dr. Smood Florida LLC (Smood) withdraws its appeal, waives further appeal rights in this matter, and agrees to maintain detailed records disclosing all operational activities and provide on time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification and successfully conduct mass balance and traceback audits. Such information includes an updated Organic System Plan documenting the flow of materials into its warehouse for production, storage, or distribution. Smood agrees to submit complete and/or corrected organic certificates for all its suppliers; identify all ingredients used, matching them with the corresponding production formulas; use only certifier-approved labels; and remove all unapproved labels. Smood also agrees not to represent, label, or sell nonorganic products as organic; to correct all structural issues at its Florida facility; implement and document certifier-approved organic pest control requirements; conduct annual staff trainings on the organic regulations and how to implement them; and undergo an unannounced inspection.

6/06/2022: St. Catherine Awethentic Teas – Mendez, Point Hill, WI, Jamaica

St. Catherine Awethentic Teas (St. Catherine) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests for documentation from its certifier, including an Organic Management Plan with a detailed map of its land, noting borders, buffers, and land where organic crops are planted. St. Catherine agrees not to use prohibited substances on its certified land, crops, or buffer areas; that it will not represent, label, or sell products as organic until meeting all organic requirements, which includes not applying prohibited substances on certified land for three years; to maintain and submit documentation on all substances and inputs and their application and use; and to undergo two unannounced certifier inspections, including sampling from the certified land and crops for testing at its expense.

5/23/2022: Yoder Farms LLC – Bloomfield, Iowa

Yoder Farms LLC (Yoder) withdraws its appeal, waives further appeal rights in this matter, agrees to respond to all requests for documentation and information from its certifier, and agrees to pay $200 in overdue certification fees. Raymond Yoder (on behalf of Yoder) agrees to convey the Settlement Agreement to the new owner when the company and/or its name are sold and surrender its handling certification to OEFFA; and that no other Raymond Yoder legal entity covering organic crops and livestock is affected by this Settlement Agreement.

5/16/2022: Vegetales Organicos Schiagom S.A. de CV – Penjamo, Guanajuato, Mexico

Vegetales Organicos Schiagom S.A. de CV (Vegetales) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for documentation and information required to maintain its organic certification. Vegetales also agrees to submit all certification fees on time.

05/12/2022: John L. Stoltzfus, dba Riverside Farms – Herndon, Kentucky

John L. Stoltzfus, dba Riverside Farms (Riverside), withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for documentation and information required to maintain its organic certification, including crop and livestock inputs, identification of seeds used, and seed search documentation. Riverside also agrees to submit its 2023 annual certification renewal application, along with required documents, an Organic System Plan, and any owed certification fees. Riverside is free to change certifiers at any time, with the new certifier assuming oversight of this agreement once certification is granted.

05/10/2022: Starry Nights Farm – Burlington, Wisconsin

Starry Nights Farm (Starry Nights) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will manage its livestock according to the organic regulations, including using, describing, and documenting the use of USDA certified organic feed. Starry Nights agrees not to feed its livestock hay or other agricultural products from uncertified operations; to maintain records that fully disclose all activities and transactions of the certified operation in sufficient detail as to be readily understood and audited; and to update its Organic System Plan, as needed, including the use of feed.

05/05/2022: Andean Life LLC – Miami, Florida

Andean Life LLC (Andean) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on time responses to certifier requests for records and other information required to maintain its certification, including its annual certification renewal application, updates to required documents and related fees. Andean agrees to maintain sufficient records to fully disclose its operational activities and for its certifier to conduct successful trace back and mass balance exercises; and maintain and submit within 30 days an Organic System Plan and product profile workbook identifying all third parties involved in the production and handling of its organic products. The company also agrees to submit any outstanding documents from its prior settlement agreement; keep and submit a current list of its organic suppliers; conduct yearly staff training on organic regulations, purchasing, verification of compliance documentation, and recordkeeping; document training attendance and submit training materials; allow its certifier full access to its operation during inspections; and provide knowledgeable personnel for the inspection.

5/3/2022: Odie Hopkins/Vernon Livestock Market LLC – Vernon, Texas

Odie Hopkins/Vernon Livestock Market agrees to pay a civil penalty of $10,000 and immediately stop selling, labeling, or representing its livestock as organic.

03/31/2022:  Asbell Farms LLC – Center, Colorado

Asbell Farms LLC (Asbell) withdraws its appeal, waives further appeal rights in this matter, agrees to respond to requests by its certifier for records and information, and agrees to maintain records for five years from creation, with an updated Organic System Plan reflecting all practices used in the operation, including crop rotation changes, harvest, inventory, storage, sales, and equipment cleaning records. Asbell agrees to document seeds used, seed searches, purchases, seed type, variety, quantity, organic status and whether treated or GMO, seed tags, and organic certificates of suppliers. Asbell agrees that it will not use prohibited substances on organic crops or land; agrees to document inputs used, along with purpose, date, method of application, and purchase records. Asbell agrees to update its Organic System Plan to include all inputs planned for usage and submit to its certifier prior to use; agrees to yearly testing by a third party to determine macro and micronutrient need with the analysis sent to its certifier prior to application; agrees to maintain records on the usage of any macro and/or micronutrient including where applied, date, and method of application. Asbell also agrees to work with its certifier to provide any additional documentation or clarification as needed.

03/25/2022:  Harvey Godfrey/Olde Carthage Farm – Pittsboro, North Carolina

Harvey Godfrey/Olde Carthage Farm agrees to pay a civil penalty of $500 and immediately stop selling, labeling, or representing its products as organic without certification.

03/21/2022:  Capitol Trading Company Ltd. – Kenema, Sierra Leone

Capitol Trading Company Ltd. (Capitol) withdraws its appeal, waives further appeal rights in this matter, agrees to respond to requests by its certifier for records and information, and will maintain records with lot numbers for five years from creation, including organic certificates of suppliers and handlers, receipts, grower group records, inventory, records of inputs, exports, and equipment cleaning; agrees farmers will not use prohibited substances on organic crops; will provide raised solar dryers to all farmers/villages; will investigate crops contaminated with DEET and suspend farm(s) where contaminated samples were found for three years. Capitol agrees to prevent contamination of organic crops by creating buffer zones; agrees to submit maps and calculations on estimated yields and provide information on acres or hectares; agrees to utilize a unique identification system to clearly identify farmers and their products; will train its farmers on organic regulations, recordkeeping, and the proper use of raised drying booths; will monitor farmers for compliance and suspend any farmers found to be violating the regulations, and will inform its certifier. Capitol agrees its certifier will have full access to its operation, facilities, and farms, including the individual farmers that are part of the grower group as well as access to all records; and agrees to two unannounced inspections in addition to annual inspections, which may include sampling and testing, at its expense.

03/10/2022:  BanaBay Corp. S.A. – Machala, El Oro, Ecuador

BanaBay Corp. S.A. (BanaBay) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will respond to requests by its certifier for records and information, including an updated Organic Management Plan reflecting all practices and procedures used in the operation. BanaBay will not use any collection center unless certified organic; will keep conventional and organic products physically separated; and will not use any prohibited substances in its organic handling operation. BanaBay will maintain records of all activities including mass balance and traceability exercises, test samples, purchases, sales, shipping, and receiving records including the names of producers and suppliers for five years from date of creation; agrees to submit all boxes, packaging, and labels to its certifier for approval and will remove unapproved boxes, packaging, or labels from its operation; agrees not to purchase any organic product unless certified organic; and will maintain organic certificates for each producer, supplier, or handler. BanaBay also agrees to two unannounced inspections within the next two years, at its expense, to verify compliance with the organic regulations.

03/05/2022:  Jordan Creek Dairy – Monroe, Wisconsin

Jordan Creek Dairy (Jordan) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will respond to requests by its certifier for records and information, including records of all activities and transactions for five years from the date of creation. Jordan agrees to maintain purchase records, including seeds, inputs, harvest, and sales records; agrees not to use any animal inputs or treat animals with any substance unless approved for use in organic livestock; and agrees to maintain herd health records documenting any input or substance used, specific animal, dates of treatment, and the withholding of milk from the operation’s organic milk production. Jordan agrees that Xylazine may only be used with specific restrictions and a withdrawal period must be followed after its administration; agrees to maintain records on feed rations, supplemental feed, purchase records, and dates of feedings; agrees that livestock receive at least 30 percent of its dry matter intake (DMI) from grazing during the grazing season; and temporarily confined ruminant animals shall be provided an average of no less than 30 percent of their DMI from grazing on pasture; agrees to maintain preventive livestock health care practices and appropriate housing with ventilation and air circulation, pasture conditions, sanitation practices, and conditions that allow freedom of movement; agrees to provide its ruminant livestock over six months of age with year-round outdoor access no less than 120 days per calendar year; and agrees to maintain grazing logs and document any temporary confinement of its livestock.

03/03/2022:  Ahimsa Sanctuary Farms LLC – Haikau, Hawaii

Ahimsa Sanctuary Farms LLC (Ahimsa) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will respond to requests by its certifier for records and information, including an updated Organic System Plan, annual renewal application, and certification fees. Ahimsa will not represent, market, label or sell any product as organic not approved by its certifier; will identify its certifier on its labels; will not use any labels until approved by its certifier; and will submit labels for organic hemp extract to its certifier. Ahimsa will identify all ingredients used and list them on product labels; submit organic certificates for all ingredients, including ethanol used for hemp extraction; and submit records of all inputs, planting stock, seeds, purchase records, supplier organic certificates, seed searches, and composition and safety data sheets of inputs used. Ahimsa will maintain records, including planting, input, and harvest logs for five years; will submit an updated list of crops for which it is seeking organic certification this renewal cycle; and will complete Field Histories showing crops grown and inputs used in 2020 and 2021. 

02/25/2022:  Central Kentucky Custom Meats, Inc. – Liberty, Kentucky

Central Kentucky Custom Meats, Inc. (CKCM) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will respond to all requests by its certifier for records and information including an updated Organic System Plan with its annual renewal application. CKCM agrees to maintain records of all activities including tracking livestock from receipt to packaged product and will submit records from the past two years to its certifier; will maintain records with copies of farmer producer labels, scale reports, product profiles and ingredient labels used for processing and will submit to its certifier for inspection; and will keep organic and conventional materials separated and will furnish written procedures of all operation processes. CKCM agrees to train staff on organic regulations and handling annually and agrees to one unannounced inspection within the next 18 months to verify compliance.

02/25/2022:  Lucky Elephant Foods SPC dba Paunchy Elephant – Renton, Washington

Lucky Elephant Foods SPC dba Paunchy Elephant (Lucky) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will respond to all requests by its certifier for records and information including all activities and suppliers. Lucky will update its Organic System Plan; only use certified organic ingredients; will not represent, market, label or sell any product as organic that is not certified; only show on its website and use labels approved by and containing its current certifier information; will only utilize facilities approved by its certifier; and will not use prohibited substances and will record all materials used in its operation. Lucky agrees to finalize its training manual and train staff on organic regulations and handling, will pay outstanding certification fees, and agrees to two unannounced inspections in the next 18 months.

02/17/2022:  James Koziolek dba Koziolek Farm – Wells, Minnesota

James Koziolek dba Koziolek Farm agrees to pay a civil penalty of $3,197 and immediately stop selling, labeling, or representing its products as organic without certification.

02/17/2022:  Rocky Mountain Honey Co. – Idaho Falls, Idaho

Rocky Mountain Honey Co. (Rocky) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will respond to all requests by its certifier for records and information; will maintain records of all activities and prepare an updated Organic System Plan; will not represent, market, label or sell any product as organic that is not certified; will not use labels until approved by the certifier; and will not use ingredients or packaging unless certified organic. Rocky agrees to implement measures to prevent comingling of organic and non-organic products; will not package organic products by non-organic entities; will submit an updated Organic Integrity Plan/Internal Control Procedures; and agrees to two unannounced inspections in the next 18 months.

02/17/2022:  Minnawana Farms – Dover, Minnesota

Minnawana Farms (Minnawana) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will respond to all requests by its certifier for records and information, including its annual certification renewal application and certification fees; will maintain records of all activities to verify compliance with organic regulations; will document purchases, supplier certifications, seed tags and searches, buffer harvest records, and records of organically managed livestock and products, including a current livestock list, animals sold for slaughter, and organic milk sales; and agrees not to use prohibited substances in the treatment and feeding of livestock with any inputs being approved prior to application.

02/16/2022:  Eli Hershberger– Fairbank, Iowa

Eli Hershberger (Hershberger) withdraws its appeal, waives further appeal rights in this matter, and agrees that he will respond to all requests by his certifier for records and information, including his annual certification renewal application, certification fees, and updated organic system plan with corrections of previously noted noncompliances. Hershberger agrees to provide all livestock access to pasture and maintain records of all grazing dates and confinements and will take necessary steps to provide doelings with the pasture access needed to attain 30 percent dry matter intake. Hershberger will also promptly remove and record deceased livestock; and will present corrective actions for rodent prevention including description of treatment plans and ingredient labels.

02/15/2022:  Better Nutritionals, LLC – Gardena, CA

Better Nutritionals, LLC agrees to pay a civil penalty of $160,000, and immediately cease and desist selling, labeling, or representing its products as organic without certification.

02/14/2022:  David Huynh, LLC, dba Big Island Ag Products – Pepeekeo, Hawaii

David Huynh, LLC, dba Big Island Ag Products (Big Island) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests for documentation and information from its certifier required to maintain organic certification, including an updated Organic System Plan, 2022 annual renewal application and all related certification fees.

02/04/2022:  Milagro de Abril S.A. de C.V. – San Marcos – Jalisco, Mexico

Milagro de Abril S.A. de C.V. – San Marcos (Milagro) withdraws its appeal, waives further appeal rights in this matter, and agrees that its San Marcos plot will be suspended, rendering it ineligible for organic production until September 2023. Three other plots, Puerta del Zapatero, Las Hormigas, and a portion of the El Tesoro plot will require inspection to be re-certified for organic production. Milagro agrees not to use prohibited substances on certified land; will obtain certifier approval to use inputs; will respond to all requests for records and documentation; and will undergo two unannounced inspections at their expense, including sampling from all plots.

02/10/2022:  Trilliant Food & Nutrition – Little Chute, Wisconsin

Trilliant Food & Nutrition agrees to pay a civil penalty of $17,777, and immediately cease and desist selling, labeling, or representing its products as organic without certification.

02/01/2022:  Paradise Springs Farms – Victor, Idaho

Paradise Springs Farms (Paradise) withdraws its appeal, waives further appeal rights in this matter, and will surrender its organic certification with OneCert effective February 7, 2022. Paradise will immediately become certified by the Idaho State Department of Agriculture (ISDA) and will respond to all requests for documentation and information from ISDA. Paradise agrees to pay OneCert outstanding certification fees and agrees the Settlement Agreement entered with NOP on October 1, 2021, is still in effect and oversight will transfer to ISDA upon certification.

01/28/2022:  Chase Packaging, LLC, – Faison, North Carolina

Chase Packaging, LLC, (Chase) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests for documentation and information from its certifier required to maintain organic certification, including accurate records on all organic produce received from its producers/suppliers; agrees to use a record keeping software system to maintain contract information for its producers and suppliers; will take measures to prevent the contamination of its produce; and will verify organic certification and prevent comingling of conventional and organic produce. Chase also agrees to being subject to two unannounced audits in the two years following the execution of the Settlement Agreement, including sampling, and testing for prohibited substances.

01/27/2022:  Manolya Dogal va Aromatik Urunler Gida San. Ve Tic. Ltd. Sti  – Isparta, Turkey

Manolya Dogal va Aromatik Urunler Gida San. Ve Tic. Ltd. Sti (Manolya) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests for documentation and information from its certifier required to maintain organic certification, including procedures on how it will prepare for audits and inspections by its certifier; will implement a recordkeeping system to ensure product traceability; and will maintain records of activities and transactions for five years containing sufficient information for its certifier to conduct traceability and mass balance exercises.

01/27/2022:  MP Farms dba Marvin Pankratz – St. Marie, Montana

MP Farms dba Marvin Pankratz (MP-Pankratz) withdraws its appeal, waives further appeal rights in this matter, and agrees that it will respond to all requests by its certifier for records and information; will maintain records of all activities for traceability and mass balance exercises to demonstrate compliance with organic regulations; will maintain records of purchases, field activity logs, harvesting, disposition of buffer zone grasses, sales, storage, and inventory details including the crop type and lot numbers; will maintain records for five years; and agrees to submit future renewal applications for 2022 and 2023 with updates and documentation.

01/27/2022: One Kombucha – Pompano Beach, Florida

One Kombucha agrees to pay a civil penalty of $540, and immediately cease and desist selling, labeling, or representing its products as organic without certification.