Settlement Agreements 2015 - 2016

12/29/2016: Middlefield Original Cheese Co-op – Middlefield, Ohio

Middlefield Original Cheese Co-op agreed to the suspension of its organic certification. While suspended, Middlefield is prohibited from selling, labeling, or representing any product as “organic.”

12/19/2016: Zhi Tea – Austin, Texas

Zhi Tea agreed to pay a reduced civil penalty.

12/08/2016: Bolero Farms – Temecula, California

Bolero Farms agreed to pay a reduced civil penalty.

12/06/2016: Highland Organic Coffee – Kathmandu, Nepal

Highland Coffee Company agreed to pay a reduced civil penalty.

11/17/2016: El Sol Foods – Gilbert, Arizona

El Sol Foods agreed to pay a reduced civil penalty and to stop selling, labeling or representing agricultural products as organically produced or handled.

11/10/2016: Ulysses Lolonis Vineyard – Redwood Valley, California

Ulysses Lolonis Vineyard agreed to pay a reduced civil penalty.

11/04/2016: Wilson Produce – Nogales, Arizona

Wilson Produce agreed to pay a reduced civil penalty.

10/12/2016: Egg Innovations – Warsaw, Indiana

Egg Innovations agreed to the following conditions: (1) use only federal or state animal health authorities when evaluating the need to temporarily confine its poultry; (2) update its procedures and organic system plan to reflect the required changes; (3) to provide updated documentation of the required changes to its certifier within 30 days of executing the settlement agreement; (4) notify its certifier of any future changes to its protocol for confining organic poultry before implementing the protocol; (5) prior to confinement, notify its certifier of any temporary confinement and provide documentation supporting the need; (6) within 30 days of executing the settlement agreement, provide its certifier with its protocols/procedures for ensuring that only certified organic feed and bedding are used for its organic livestock; and (7) undergo one unannounced inspection  within the next two years.

09/09/2016: IMS Dairy – Nappanee, Indiana

IMS Diary agreed not to use any substances on its land without gaining prior written approval from its certifier. IMS Dairy also agreed to the suspension of one of its fields.

8/20/2016: Aloha Organic Fruit – Palisade, Colorado

Aloha Organic Fruit agreed to make records available to its certifier for inspection and copying during normal business hours at annual and unannounced onsite inspections. Aloha Organic Fruit also agreed to (1) stop selling uncertified products labeled with the “Aloha Organic Fruit” brand name; (2) remove the pictures of uncertified products labeled with “Aloha Organic Fruit” from its company website; and (3) remove the USDA organic seal from company website pages associated with any uncertified products.

08/30/2016: Get Fresh – Las Vegas, Nevada

Get Fresh agreed to inform its certifier within 5 days of a staffing change of any changes and/or updates to contact information for its primary staff contacts for organic certification and to implement a process for ensuring that NOP and certifier communications are accessible and monitored in the event of a staff change. Get Fresh Sales also agreed to provide its certifier with a description of this process.

08/25/2016: Chicory – Scottsbluff, Nebraska

Chicory agreed to a suspension of its organic certification, to be effective the date the settlement agreement is executed. While suspended, Chicory is prohibited from selling, labeling, or representing product as organic.

8/12/2016: R&R Dairy – Wadena, Minnesota

R&R Dairy agreed to provide the following to its certifying agent for each on-farm activity: (1) evidence that it has established records sufficient to preserve the identity of all organically managed animals produced on its operation; and (2) an updated Organic System Plan to reflect that these records are maintained for each organic activity the operation conducts. R&R Dairy also agreed to one unannounced inspection within the next two years.

6/27/2016: Mr. Citrus – Arcadia, Florida

Mr. Citrus agreed to surrender its organic certification. If Mr. Citrus applies for organic certification in the future, it will provide a full list of materials with their intended uses as part of the application process. Mr. Citrus also agreed, if granted certification in the future, it will not use any substance on its land without gaining prior written approval from its certifier. Any requests for material use must include the specific purpose for which the substance will be used.

6/20/2016: Farm Fresh Miami

Farm Fresh Miami agreed to pay a reduced civil penalty and to immediately modify its market information so that its products are not represented as certified organic.

6/01/2016: Organización Internacional Agropecuaria (OIA) – Buenos Aires, Argentina

OIA agreed to: (1) provide the NOP with a list of all staff that complete materials reviews and organic processed product reviews, resumes, and a description of their qualifications; (2) each staff member that conducts materials reviews and organic processed product reviews will attend at least 4 hours of training per year on materials related topic for the next two years; (3) OIA must provide NOP with a list of planned training sessions, provide NOP a summary of each training conducted or attended, and evidence showing that materials review and organic processed product review staff completed the training; (4) OIA agreed to have one additional desk audit  in the next two years.

5/26/2016: Bolicert – La Paz, Bolivia

Bolicert agreed to submit corrective and preventive actions to address noncompliances from its 2014 Renewal Assessment. Bolicert also agreed: (1) to submit its annual list of certified operations through the Organic Integrity Database no later than January 2 of each year; (2) to add or update client information in the Integrity Database on a monthly basis and notify its NOP Accreditation Manager via email when updates are completed; (3) to provide a native English speaker who is fluent in Spanish at all future NOP site evaluations; (4) distribute to its staff Spanish-language versions of the USDA organic regulations and the Program Handbook; (5) to send at least one staff member to the NOP’s annual certifier training and to hold training to review the materials with its staff; and (6) to undergo an additional site evaluation  within 12 months.

05/06/2016: O3-Animal Health

O3 Animal Health agreed to pay a reduced civil penalty and agreed to immediately stop selling, labeling, or representing agricultural products as organic.

04/16/2016: ETKO – Bornova, Izmir, Turkey

ETKO agreed to a site evaluation within 12 months of signing the settlement agreement.

02/23/2016: QST Ingredients and Packaging, Inc. -Rancho Cucamonga, California

QST Ingredients and Packaging Inc. agreed to pay a reduced civil penalty.

02/18/2016: West Wind Farms – Cherry Valley, New York

West Wind Farms agreed to pay a reduced civil penalty and to immediately stop representing its products as having been produced or handled using organic methods, without organic certification.

01/28/2016: Sun Coffee Roasters

Sun Coffee Roasters agreed to pay a reduced civil penalty and to immediately stop selling, labeling, and representing its agricultural products as produced or handled using organic methods.

01/06/2016: Aaron E Stoltzfuz dba Friendly Farm – Gap, Pennsylvania

Aaron E Stoltzfuz dba Friendly Farm agreed pay a reduced civil penalty and to stop selling, labeling, or representing its agricultural products as produced or handled organically.

11/28/2015: Xylitol USA Inc. – Aurora, Colorado

Xylitol USA Inc. agreed to schedule each annual onsite inspection with its certifier: (1) when an authorized representative who is knowledgeable about the organic operation is available, and (2) when facilities and activities that demonstrate the operation’s compliance or capability to comply with the USDA organic regulation can be observed. Xylitol also agreed to submit a complete corrective action plan addressing the noncompliant color display of the USDA seal.

10/02/2015: Brookville Farms, New Jersey – Waretown, New Jersey

Brookville Farms agreed to pay a reduced civil penalty and to stop selling, labeling, or representing its products as organic, without certification. Brookville Farms also agreed to discontinue using the USDA organic seal and “certified producers” on marketing materials, including farm signage.