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
3/14/2023: Vegetales Organicos Schiagom S.A. de CV (Vegetales) – Penjamo, Guanajuato, Mexico
Vegetales Organicos Schiagom S.A. de CV (Vegetales) withdraws its appeal, waives further appeal rights in this matter, agrees to respond to all requests from its certifier for information and documentation, and submit all certification-related fees to its certifier on time. Vegetales agrees that if outstanding fees are not paid within that timeframe, its organic certification will be suspended.
3/10/2023: Waterbean Coffee (Waterbean) – Huntersville, North Carolina
Waterbean Coffee (Waterbean) withdraws its appeal, waives further appeal rights in this matter, agrees to respond to all certifier requests for information and documentation, and will not market, sell, or represent any non-organic product as organic, or label its product with an unapproved label. Waterbean agrees to work with its certifier to ensure labels comply with organic regulations, including wording and color of the seal, and to maintain sufficient records for its certifier to conduct traceability exercises on all products, from purchase and receipt of ingredients to processing, packing and eventual sale.
3/9/2023: Ballinger Farms LLC (Ballinger) – Chatham, New York
Ballinger Farms LLC (Ballinger) withdraws its appeal, waives further appeal rights in this matter, agrees to respond to all certifier requests for information and documentation, and agrees that organic certification for one location cannot be transferred to another location without being approved by its certifier. Ballinger agrees that to have its new location on Hamm Road in Livingston, NY certified, it must submit a new registration form, new Organic System Plan, and may require a prior land use affidavit; have its certifier conduct an inspection of the new location; identify an authorized representative to be present for all inspections and notify the inspector of any changes. Ballinger agrees that its Pine Road location in Hudson, NY should be removed from its operation, and no product from that location may be represented, sold, or labeled as organic; agrees that until the Hamm Road location is certified, none of its products may be represented, sold, or labeled as organic; and if compliance with the organic regulations is not verified by its certifier, the Hamm Road location may not be certified.
3/7/2023: Avalon Fresh Foods S. de R.L. de C.V. /FKA Avalon Fresh A.P.R. de R.L. (Avalon) – Allende, Guanajuato, Mexico
Avalon Fresh Foods S. de R.L. de C.V. (Avalon) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests from its certifier for information and documentation. Avalon also agrees to pay its certifier 42953.06 Mexican Pesos for outstanding invoices and pay any additional invoices related to certification fees.
2/25/2023: Todd Zimbelman-Rising Z7 Farms LLC – Brady, Montana
Todd Zimbelman-Rising Z7 Farms LLC withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests from its certifier for information and documentation, including its renewal application and payment of all certification fees, inspection fees, and invoices.
2/15/2023: Wholesale Botanics, Inc. – Vancouver, WA
Wholesale Botanics, Inc. agrees to pay a civil penalty of $1,889.72 and will not represent itself as a USDA certified organic operation unless and until it becomes certified organic. Wholesale Botanics will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.
2/6/2023: Jeff Leen Farm (Leen) – Random Lake, Wisconsin
Jeff Leen Farm withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests from its certifier for information and documentation, including its renewal application and certification fees. Leen agrees that the reported breach of the OCIA settlement agreement, specifically the company’s failure to submits its 2022 renewal application and fees has been resolved.
1/24/2023: Cosmopolitan Food Group, Inc. (Cosmopolitan) – Hoboken, New Jersey
Cosmopolitan Food Group, Inc. (Cosmopolitan), and any person responsibly connected with Cosmopolitan, including, but not limited to, Kozmopolitan Gida SAN VE TIC. A.S. (Kozmopolitan) withdraws its appeal, waives further appeal rights in this matter, and agrees to pay a civil penalty of $55,000. Cosmopolitan agrees to stop selling, labeling, or representing olive oil produced, processed, and/or imported from Kozmopolitan as organic; notify retailers selling its organic olive oil products that it is not certified organic; request removal on any online listings for its organic olive oil products; inform all companies to which it is providing organic olive oil of their suspension from organic certification; and remove all images and photos with the USDA organic seal from its website and affiliated websites. Cosmopolitan agrees the organic certification of Kozmopolitan remains suspended; Cosmopolitan/Kozmopolitan is not eligible to apply for reinstatement of its organic certification for 18 months after execution of this Settlement Agreement; and agrees not to seek reinstatement during this period.
1/19/2023: Clark’s Ponderosa LLC (Clark’s) – Livermore, Iowa
Clark’s Ponderosa LLC (Clark’s) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all requests from its certifier for information and documentation including updates to resolve minor noncompliances. Specifically, Clark’s agrees to provide information on 2020 alfalfa production and sales/disposition; update the Field One map to identify adjoining land, buffer types and location; provide post-harvest information for all crops grown in 2022; and update Module C 5.0 with all needed updates on buffers.