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.

2023 | 2022 | 2021 | 2020 | 2019 | 2018 |2017 | 2015-2016

Current Year

09/23/2024: Steven Lapp – Nottingham, Pennsylvania

Steven Lapp (Lapp) withdraws its appeal, waives further appeal rights in this matter and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Lapp agrees to only purchase organic livestock feed from certified organic operations and comply with organic storage regulations; develop and follow Standard Operating Procedures for purchasing and handling organic feed, maintain proper documentation for inspections, and agrees to not sell any livestock as organic unless certified and to maintain detailed documentation of any livestock sold. Lapp also agrees to obtain more education on the requirements of organic certification. 

9/17/2024: Pachamama Farms SAS BIC – Machala, El Oro, Ecuador

Pachamama Farms SAS BIC (Pachamama) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation, and other recordkeeping required to maintain organic certification, including providing complete information on the agreement between Pachamama and Beltran for the rental of 28 hectares of banana crops. Pachamama agrees to promptly notify its certifier of any change in management; maintain records of equipment cleaning and materials used; to use only certifier-approved inputs and not to use any prohibited substances; to clean all equipment prior to use in its organic crop production; and to maintain adequate buffers around all organic crop production areas. Pachamama also agrees to conduct two trainings a year on prohibited substances and adequate buffers for all personnel involved in its organic operations and agrees to undergo residue testing during two unannounced inspections within 18 months of execution of this Settlement Agreement. 

9/4/2024: JLJ Dairy - Jason Shaw – Perkinston, Mississippi

JLJ Dairy- Jason Shaw (JLJ) withdraws its appeal, waives further appeal rights in this matter and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including an annually updated Organic System Plan (OSP), field history, and seed information. JLJ agrees to provide records in sufficient detail as to be readily understood and audited. JLJ agrees to submit its renewal application, updated OSP, and all certification-related fees on time for the next two years. JLJ also agrees to send, within 45 days, an updated OSP, worksheets specified in the agreement, and payment for the overdue certification-related fees.  

 9/4/2024: Daryl Weaver, fka Daryl & Glen L. Weaver – Millmont, Pennsylvania 

Daryl Weaver, fka Daryl & Glen L. Weaver (Weaver) withdraws its appeal, waives further appeal rights in this matter and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including input invoices and product specifications. Weaver agrees to avoid the use of prohibited substances, maintain accurate maps of its production fields, and that its transitional field specified in the agreement will be returned to organic production status. Weaver also agrees to have its operation undergo two unannounced inspections within 18 months. 

08/22/2024: Sun Planet Organic LLC– Bishkek, Kyrgyzstan

Sun Planet Organic LLC (Sun) withdraws its appeal, waives further appeal rights in this matter and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain certification, including an annually updated Organic System Plan (OSP) and records disclosing its organic activities and transactions. Sun agrees to maintain accurate maps of its production units, the surrounding fields, and buffer areas. Sun also agrees to use only certifier approved inputs; develop and submit an internal inspection program; begin conducting annual training for its internal inspections staff within six months; and conduct an internal inspection of its organic land, fields, and production units each year. Sun agrees to conduct prohibited substance residue testing on samples from its production and handling operations and undergo two certifier-led, unannounced inspections with residue testing within 18 months. Sun agrees that it may ask its certifier to inspect its plum production unit and conduct residue testing on at least two samples from the unit. Sun agrees that its apricot production unit is suspended from organic certification until December 2026. 

08/21/2024: A G Organica Pvt. Ltd – Gautam Buddha Nagar, India 

A G Organica Pvt. Ltd (AG) withdraws its appeal, waives further appeal rights in this matter and agrees to maintain detailed records of its organic activities and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including an annually updated Organic System Plan that outlines contracts, third-party private label arrangements, business processes, and their frequency. AG agrees to not represent, label, or sell any product as organic unless the product is certified organic and approved by its certifier. AG also agrees to prevent unauthorized use of its organic certification, report violations to its certifier, and conduct annual training for its personnel on organic regulations, labeling, and third-party responsibilities. 

 08/20/2024: Raul Eduardo Rendon Montemayor – Tamaulipas, Mexico 

Raul Eduardo Rendon Montemayor (Montemayor) withdraws his appeal, waives further appeal rights in this matter and agrees that, upon full execution of the settlement agreement, the surrender of his organic certification will be accepted by his certifier, OTCO. Montemayor agrees that he may no longer label, sell, or represent any product as organic once his certification is surrendered. Montemayor agrees that he must undergo the full application process, use only approved substances on land intended for organic certification, and resolve noncompliances issued by OTCO to be certified as organic in the future.

07/22/2024: Fruticola Olmos E.I.R.L. of Pimentel, Lambayeque, Peru

Fruticola Olmos E.I.R.L. (Olmos) withdraws its appeal, waives further appeal rights in this matter and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including the name, date and area of applied inputs, as well as the date of equipment cleaning and materials used. Olmos agrees to use only certifier-approved inputs and not to use any prohibited substances. Olmos agrees that it will clean all equipment used in its organic crop production; to maintain adequate buffers around all organic crop production areas; and that fields identified by CUC as being placed back in transition will be returned to active status. Olmos also agrees to conduct training of all personnel involved in its organic operation at least twice a year, and that its certifier will oversee compliance with the terms of this Settlement Agreement. 

07/19/2024: LionFish Vanuatu Ltd, dba VOCI Grower Group – Port Vila, Vanuatu 

 

LionFish Vanuatu Ltd, dba VOCI Grower Group (LionFish) withdraws its appeal, waives further appeal rights in this matter and agrees to surrender its organic certification and have its organic status listed in the Organic Integrity Database as a surrendered. LionFish agrees that its prior certifier NCO surrendered its accreditation, requiring LionFish to reapply for organic certification with a new certifier. LionFish agrees that it must resolve its noncompliances in order to become certified as organic. LionFish agrees not to represent, label, or sell any product as organic without being certified, that the NOP's Accreditation Team will oversee its compliance with this agreement, and that its failure to comply may lead AMS to pursue administrative action. 

 

07/18/2024: OSO Sweet Farms LLC – Reidsville, Georgia 

 

OSO Sweet Farms LLC (OSO) withdraws its appeal, waives further appeal rights in this matter and agrees that this agreement finalizes the surrender of its organic certification and its status in the Organic Integrity Database will be updated to "surrendered." OSO agrees that it cannot represent, label, or sell any product as organic while in this status; that it may reapply for organic certification with any USDA-accredited certifier after June 26, 2025; and that it must provide the new certifier with documentation to show that noncompliances cited by its previous certifier have been resolved. OSO also agrees that Dutton Field #3 and McLeod Field remain ineligible for organic certification until July 1, 2025 and June 2, 2026, respectively. 

07/17/2024: Reciplant S.A.P.I. de C.V. – Cuernavaca, Mexico

Reciplant S.A.P.I. de C.V. agrees to pay a civil penalty of $729.00 and will not represent itself as a USDA certified organic operation unless and until it becomes certified organic. Reciplant S.A.P.I. de C.V. will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.

07/15/2024: Pacific Grain & Foods LLC (PG&F) – Fresno, California

 

Pacific Grain & Foods LLC (PG&F) withdraws its appeal, waives further appeal rights in this matter and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, if reinstated. These include an updated Organic System Plan, renewal application, list of inputs and the date, amount and reason for their use. PG&F agrees to pay a $60,000 civil penalty; immediately stop selling, labeling and representing their products as organic; informing their certifier of any operational change upon reinstatement; and only use approved substances. 

06/25/2024: Rosberg Organics Inc. – Wausa, Nebraska

Roseberg Organics Inc. (Rosberg) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Rosberg agrees to maintain its records---including its Organic System Plan, complete field records, harvest production information and harvest yield information---in sufficient detail for its operation to be understood and audited.  Rosberg agrees to submit a list of all planned inputs, use only certifier-approved inputs, and maintain complete records on inputs, to include purchase receipts, application dates and areas where used. Rosberg agrees to remove the fields specified in the Settlement Agreement from organic production through July 2, 2026, and not to use prohibited substances on any of those fields they wish to return to organic production after three years. They also agree to provide to its certifier within 30 days of execution of this Settlement Agreement complete sales records for 2022 and all invoices for chemicals purchased or sprayed; allow its certifier full access to its organic operation for planned and unplanned inspections; document seed searches and rotate crops in accordance with the organic regulations; and clean all equipment used in organic production that was previously used in conventional production. Rosberg agrees to separate organic products from conventional production; submit, within 60 days of execution of this Settlement Agreement, written procedures for cleaning equipment and preventing comingling of organic and conventional products; and to undergo two unannounced inspections within 18 months. They also agree to submit 2024 and 2025 annual renewal certification materials if they choose to continue certification. 
 

06/03/2024: Kendall’s Dairy – Perham, Maine

Kendall’s Dairy (Kendall’s) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Kendall’s agrees to maintain for 5 years from their creation, records that fully disclose the operation’s activities in sufficient detail for it to be understood and audited, including its Organic System Plan, crop and livestock inputs, and livestock feed records. Kendall’s agrees to provide its livestock with sufficient pasture for grazing throughout the season; continue working on a comprehensive conservation program; and maintain pasture and operation grounds according to the organic regulations. Kendall’s agrees to conduct periodic soil testing, maintain, or improve soil organic matter, and continue working on a nutrient management plan; correct/alleviate areas issues identified with the milking and dairy barns, continue to implement improvements cited in its appeal. Kendall’s also agrees to submit its 2024 and 2025 annual renewal certification materials; within 30 days, to pay overdue certification related fees; maintain records for the purchase and sale of all organic livestock; maintain all records for any new fields they wish to have certified; and to only use certifier approved crop or livestock inputs.

06/03/2024: Caseiin Coffee E.I.R.L. – Moyobamba, Peru

Caseiin Coffee E.I.R.L. agrees to pay a civil penalty of $1,000.00 and will not represent itself as a USDA certified organic operation unless and until it becomes certified organic. Caseiin Coffee E.I.R.L. will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.
 

05/24/2024: Control Union Certifications – Zwolle, Netherlands

Control Union Certifications (CUC) withdraws its appeal, waives further appeal rights in this matter, and agrees not to accept any new applicants for USDA organic certification for 12 months. CUC agrees to submit corrective actions that address the noncompliance identified in CUC’s audits, conduct internal audits of its NOP certification activities; provide staff training; and undergo NOP onsite compliance audits and witness audits for each area of certification. CUC further agrees to stop providing USDA-accredited organic certification services from its Israel office for 2 years; and not to accept new applicants for livestock certification or through its India office until NOP conducts audits of its NOP certification activities.

05/21/2024: Claerbaut Organics – Oostburg, Wisconsin

Claerbaut Organics (Claerbaut) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Claerbaut agrees to provide responses that fully disclose all activities and transactions of the operation to its certifier; maintain records related to crop and livestock certification; maintain and annually submit, upon renewal, a current year field plan that accurately identifies all fields and the acreage; use only certifier-approved crop or livestock inputs; maintain equipment clean-out records for its operation; and maintain copies of all organic certificates. Claerbaut also agrees to pay overdue fees and present all documentation to its certifier within 60 days of execution of this agreement.

05/17/2024: Michael Peterson (Peterson) – Picaynue, Mississippi

Michael Peterson (Peterson) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including any outstanding documents identified in its prior agreement. Peterson agrees to ensure that its Organic System Plan is complete and accurate, including livestock herd inventory records by class, records of final disposition of all animals leaving the operation, and feed records for livestock purchased. Peterson agrees to ensure that all animals are identified; to maintain records on grazing, showing any temporary confinement periods and the reasons; to maintain copies of receipts and tags for all feed purchased, and to maintain copies of certified suppliers of feed, inputs, and livestock. Peterson also agrees that their certifier will conduct an unannounced inspection within 18 months of this agreement, at Peterson’s expense.

04/29/2024: Sklar Personal Care Inc., dba BOV Solutions – Statesville, North Carolina

Sklar Personal Care Inc., dba BOV Solutions agrees to pay a civil penalty of $1,765.56 and will not represent itself as a USDA certified organic operation unless and until it becomes certified organic. Sklar Personal Care Inc., dba BOV Solutions will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.

04/26/2024: Symple Foods LLC dba SOMA Kombucha – Portland, Oregon

Symple withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Symple agrees to maintain records that fully disclose all activities and transactions of the operation, including an Organic System Plan, products list, records on incoming ingredients and outgoing finished products, and production records. Symple agrees to clearly identify all third/private label agreements and submit contracts for these agreements to its certifier; take measures to ensure that its approved products list accurately describes all organic products handled or processed; and agrees that all labels for products handled by Symple will be approved for use by a USDA accredited certifier prior to using the label. Symple agrees that the USDA Organic Seal shall not be placed on any label unless approved by Symple’s certifier or the certifier of the third-party label contractor; agrees to verify the organic status of third-party label entities with whom it engages in organic transactions; and agrees it will not submit the organic certificate of another entity as proof of organic status unless verified certified organic. Symple also agrees not to utilize a facility for organic handling activities until inspected and approved by its certifier, and conduct training of all personnel involved in the organic operations on a yearly basis.

04/25/2024: Agriculture Development WLL - Doha, Doha, Qatar

Agriculture Development WLL agrees to pay a civil penalty of $3900.00 and will not represent itself as a USDA certified organic operation unless and until it becomes certified organic. Agriculture Development WLL will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.

 03/28/2024: PT Integral Mulia Cipta (PT) – Jakarta, Indonesia

PT Integral Mulia Cipta (PT) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification and fully disclose all activities and transactions in sufficient detail to be readily understood and audited. PT agrees that if they wish to add new growers, farmers, or units to the grower group certification, or resume handling or processing activities, they must send all required documentation to their USDA accredited certifying agent; take steps to ensure that none of the growers, farms, or production units are using inputs that have not been approved by their certifier, and include a detailed record of all inputs in the Organic System Plan. PT agrees not to use equipment which isn’t appropriate for use; to clearly label equipment as being used for organic product; confirm all labels used on organic product have been approved by its certifier; and to follow internal control procedures including conducting inspections and taking samples of product in which potential contamination is suspected. PT also agrees to train all personnel annually and undergo two unannounced inspections at PT’s expense within two years of this settlement agreement.

03/01/2024: Kip Haadem (Haadem) – Tappen, North Dakota

KIP Haadem (Haadem) withdraws its appeal, waives further appeal rights in this matter and agrees that entering into this agreement is not a guarantee of organic certification. Haadem agrees that it is seeking reinstatement of its organic certification through a certifier of its choice; agrees to submit all required documentation including Prior Land Use Affidavits and other field history documentation; agrees that if the chosen certifier recommends reinstatement, the NOP Accreditation Division will accelerate the process of review and determination of reinstatement; and agrees that if granted certification it must submit its renewal certification application to its certifier for the next two years, including an updated organic System Plan and certification fees, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping. If Haadem chooses not to renew its organic certification, it agrees to notify the certifier of its decision to surrender its organic certification.

02/28/2024: Hart Farms (Hart) – Americus, Georgia

Hart Farms (Hart) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Hart agrees that it will not use any inputs on its organic crops unless approved by its certifier and include any inputs used on its Organic System Plan; agrees to maintain adequate buffers around all organic crops and take all necessary measures to prevent contamination of organic crops from prohibited substances. Hart agrees to maintain records on all pest control materials and receive approval from its certifier prior to use, agrees to conduct and document commercial seed searches for organically grown seeds; and agrees to only use seeds, seedlings, and planting stock approved by its certifier. Hart agrees to maintain current organic certificates for all suppliers and agrees to two unannounced inspections within two years of this settlement agreement, at its own expense.

02/27/2024: Six Diamonds Ranch LLC – Golden, Colorado

Six Diamonds Ranch LLC agrees to pay a civil penalty of $15,195 and will not represent itself as a USDA certified organic operation unless and until it becomes certified organic. Six Diamonds Ranch LLC will not sell, label, or represent products as organic without organic certification.

02/23/2024: Carillo Quezada J. Jesus (Jesus) – Uruapan Michoacan, Mexico

Carillo Quezada J. Jesus (Jesus) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification; agrees to get approval from its certifier before using any inputs, and document the use of all inputs in its Organic System Plan, including when, where, and amount applied. Jesus agrees that no prohibited substances are to be used on any organic crops and appropriate measures will be taken to correct any noncompliance; agrees to monitor all organic land to ensure they have adequate buffer zones, manage plant materials to maintain or improve soil organic matter, and conduct training of all personnel twice a year. Jesus also agrees that it will be subject to two unannounced inspections within two years of this settlement agreement, at its own expense.

2/21/2024: Lancaster Foods, LLC - Jessup, Maryland

Lancaster Foods, LLC, agreed to pay a civil penalty of $175,000 and immediately stop selling, labeling, and representing its handled products as organic without certification.

02/20/2024: Rutkowski Farms, Inc. – Mike Rutkowski – Ubly, Michigan

Rutkowski Farms, Inc. – Mike Rutkowski (Rutkowski-Mike) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Rutkowski-Mike agrees that its livestock will receive at least 30% of its dry matter intake from grazing on pasture during the grazing season and agrees to provide animals that are temporarily confined with no less than 30% of their dry matter intake from grazing on pasture; agrees to maintain detailed grazing and confinement logs to include documentation of any denial of access to pasture; provide sufficient pasture so no livestock has to compete for space; maintain an accurate Livestock List; and agrees not to use any animal inputs or treat animals with any substance unless it has been approved.

02/16/2024: A&M Farms, Inc. – Lyons, Georgia

A&M Farms, Inc. (A&M) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, and agrees to maintain records that fully disclose all activities and transactions in sufficient detail to be readily understood and auditable and enable its certifier to conduct successful traceability and mass balance exercises. A&M will not use any input in its organic operation unless approved by their certifier; will identify all inputs used on its Organic System Plan and record detailed information of all inputs used. A&M agrees to not plant any seed in its organic fields unless approved by their certifier; to maintain documentation on all seed searches and purchases; and agrees that it will be subject to two unannounced inspections at A&M’s expense within 2 years of the execution of this settlement agreement.

2/5/2024: MIBO Fresh Foods, LLC – Fort Worth Texas

MIBO Fresh Foods, LLC agrees to pay a civil penalty of $55,740; immediately stop selling, labeling, or representing its products as organic without organic certification; and agrees to be prompt in communication with the NOP and any certifying agencies.

2/05/2024: Agricola Savannah S.A. de C.V. – Guasave, Sinaloa, Mexico

Agricola Savannah S.A. de C.V. (Savannah) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Savannah agrees to maintain records that fully disclose all activities and transactions in sufficient detail to be readily understood and auditable and enable its certifier to conduct successful traceability and mass balance exercises; maintain receipts of all inputs received and distributed from the  warehouse; only utilize the services of organically certified handlers and packers for its organic crops; agrees not to use or apply any prohibited substance to its organic crops; and agrees that if any prohibited substance was used they will report it to their certifier. Savannah agrees to provide training to all personnel on the organic regulations and agrees that within the next two years they will be subject to two unannounced inspections.

2/05/2024: Agricola 76 SAPI de CV – Ciudad, Obregon, Sonora, Mexico

Agricola 76 SAPI de CV (Agricola 76) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Agricola 76 agrees to maintain records that fully disclose all activities and transactions in sufficient detail to be readily understood and auditable and enable its certifier to conduct successful traceability and mass balance exercises. Agricola 76 agrees not to purchase or obtain crops from any producer or supplier unless they are certified organic; conduct thorough seed searches and only plant seed approved by its certifier; and verify organic certification of suppliers, handlers, packers, and processors. Agricola 76 will cease receiving crops from any supplier, handler, packer, or processor if found not to be certified organic; agrees to only use labels on organic products that have been approved by its certifier; and agrees to pay a civil penalty of $7,000 for engaging in transactions with the uncertified operations in 2023.

01/23/2024: Daniel S. Borntreger (Borntreger) – Fall Creek, Wisconsin

Daniel S. Borntreger (Borntreger) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including its 2024 and 2025 certification renewal application, updated Organic System Plan, and certification fees. Borntreger agrees that it is now certified organic by Global Organic Alliance, will surrender its certification with Nature’s International Certification Servies (NICS) and agrees to pay NICS all overdue certification-related fees.

01/19/2024: Clear Springs Farming LLC (Clear) – Winter Haven, Florida

Clear Springs Farming LLC (Clear) withdraws its appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. Clear agrees to disclose all activities and transactions in detail to be readily understood and auditable, and

enables its certifier to conduct successful mass balance and traceability exercises. Clear agrees to maintain equipment and cleaning logs, and take measures to ensure equipment is properly cleaned to avoid contamination of its organic crops; to not use inputs containing prohibited substances, and not use inputs unless approved by its certifier. Clear agrees to comply with restrictions on inputs and conduct soil tests as needed; maintain sufficient physical separation of organic and conventional crops through all processes, and label all organic areas of their facility; agrees to not plant any variety of plants or perennial planting stock unless approved by its certifier; agrees to conduct and document thorough commercial searches for each variety of plants or perennial planting stock, and maintain and submit documentation to its certifier. Clear also agrees to provide training to all personnel involved in the organic operation.