Settlement Agreements 2017

12/04/2017: Productores Orgánicos Díaz & Campos (PRODICAMPOS) – Chiclayo, Peru

PRODICAMPOS agreed to a full suspension of its organic certification, to be effective the date it signs this agreement. While suspended, PRODICAMPOS must not sell, label, or represent its products as organic. If reinstated, PRODICAMPOS agreed to one unannounced inspection each year for two years.

11/03/2017: Biondillo’s Bakery- Chicago, Illinois

Biondillo’s Bakery agreed to a pay a reduced penalty and to immediately stop selling, labeling, or representing its products as “organic” without certification.

10/23/2017: Sol J. Stolzfus, Jr. – Parkesburg, Pennsylvania

Sol J. Stozfus Jr agreed to complete and make available to his certifier, records that document the 2017 dry matter intake for its ruminant livestock. These records must be available for inspection and completed at the end of the 2017 grazing season.

10/13/2017: Petguard, Inc. – Green Cove Springs, Florida

Petguard agreed to pay a reduced civil penalty.

10/12/2017: Skagit Sun Farm, Inc. – La Conner, Washington

Skagit Sun Farm agreed to pay a reduced civil penalty.

09/15/2017: Daniel Barr – Troy, Pennsylvania

For 2017, Daniel Barr agreed to submit to his certifier: (1) an application for certification; (2) a complete, updated organic system plan; and (3) all outstanding and new certification fees. For 2018, Mr. Barr agreed to submit required applications and fees to his certifier by February 28, 2018.

08/17/2017: Cold Pressed Raw Beverages – Miami, Florida

Cold Pressed Raw Beverages agreed to a suspension of its organic certification. While suspended, Cold Pressed Raw Beverages must not label, sell, or represent its products as organic. If reinstated, Cold Pressed Raw Beverages will undergo two unannounced inspection within the first three years after reinstatement.

08/08/2017: Café Kreyol – Manassas, Virginia

Café Kreyol agreed to pay a reduced civil penalty and to stop selling products as organic, without certification.

08/08/2017: Pichuberry LLC – Phoenix, Arizona

Pichuberry agreed to pay a reduced civil penalty and to stop selling, labeling, or representing its products as organic, without certification.

07/11/2017: Lakeland OrganicsColfax, Wisconsin

Lakeland Organics agreed to comply with the terms of the settlement agreement established with its certifier in August 2015. The company also agreed to submit to the certifier: (1) soil testing results for 2016 within 10 days of the effective date of this agreement; (2) results for 2017 by April 1, 2018; and (3) results for 2018 by April 1, 2019.

07/06/2017: Twin Mountain Organics – Moscow, Idaho

Twin Mountain Organics agreed to submit to the certifier within 30 days of the effective date of the agreement: (1) an application for certification; (2) a complete, updated organic system plan; and (3) all outstanding and new certification fees.

06/29/2017: Florida Worldwide Citrus – Bradenton, Florida

Florida Worldwide Citrus agreed to pay a reduced civil penalty.

06/29/2017: Windbreak Farm – White, South Dakota

Windbreak Farm agreed to the Denial of Reinstatement by the NOP. Windbreak Farm may submit a new request for reinstatement of certification at any time. The request for reinstatement must include verification from a certifying agent that the noncompliances related to recordkeeping have been corrected. If reinstated, Windbreak Farm must have a full inspection of certification within 6 months of the settlement effective date.

05/25/2017: EuroFresh Perú S.A.C. – Lima, Peru

EuroFresh Perú S.A.C. agreed to written procedures for how: (1) new members are integrated into the grower group; (2) suspended growers are re-approved for organic production; and (3) the company will document and notify the certifier of grower group membership changes. EuroFresh also agreed that its certifier will conduct external inspections and residue testing on at least 10% of the operations in its avocado grower group during the 2017, 2018, and 2019 seasons.

05/11/2017: Lipman Produce-Bonanza

Lipman Produce-Bonanza agreed to pay a reduced civil penalty.

05/4/2017: Promised Land Organics LLC – Lakeville, Arkansas

Promised Land Organics LLC agreed to a pay a reduced civil penalty.

05/4/2017: Mountain Spirit Organic LLC – Cedaredge, Colorado

Mountain Spirit Organic LLC agreed to respond within 2 weeks to certifier requests for information. This condition will remain in effect for one year from the settlement. Mountain Spirit Organics also agreed to have any new inputs approved by the certifier prior to use.

05/01/2017: Mike Kruse – Alamosa, Colorado

Mike Kruse agreed to a three year suspension of organic certification for all fields where a prohibited substance was applied in 2016. Mike Kruse also agreed to not use any substance on the land without obtaining approval to use the substance from the certifier.

04/28/2017: Private Label Cosmetics Corp – Ronkonkoma, New York

Private Label Cosmetics Corp agreed to pay a reduced civil penalty and to stop selling, labeling, or representing its products as organic, without certification.

04/27/2017: Lorenzo Farms – Winter, California

Lorenzo Farms agreed to pay a reduced penalty and to enroll in the certifier’s compliance oversight program which would require a minimum of two inspections per year.

04/19/2017: Fraga Farmstead Creamery – Gales Creek, Oregon

Fraga Farmstead Creamery agreed to: (1) obtain approval of new or revised product labels; (2) submit all current product labels to its certifier within 45 days of executing the settlement agreement to make sure they comply with USDA organic regulations. FFC also agreed to correct any label issues as identified by the certifier; (3) to respond to certifier requests by the due date or request an extension prior to the due date; (4) to review, update, and submit to its certifier a current list of all substances used by their operation within 45 days of executing the settlement agreement; (5) to record the amount and type of all feed fed to organic livestock; and (6) to have two unannounced inspections.

04/19/2017: Beiler’s Heritage Acres – Kinzers, Pennsylvania

Beiler’s Heritage Acres agreed to one year suspension of its organic handling (milling) operation While suspended, no product from the Beiler’s milling operation can be labeled as organic. Beiler’s also agreed to pay a reduced civil penalty.

04/10/2017: Chia Growers SPR de RL – Cuernavaca, Morelos, Mexico

Chia Growers SPR de RL agreed to a 30 day suspension of its organic certification.  While suspended, Chia Growers is prohibited from selling, labeling, or representing any product as “organic.” If reinstated, Chia Growers agrees to (1) make all records available to its certifier for inspection and copying at annual and unannounced inspections; (2) notify its certifier and get approval to add producers to its grower group before aggregating, labeling, and marketing any of the producer’s product as organic; (3) during the reinstatement process and for one year after reinstatement, cover the cost of residue testing the certifier deems necessary; and (4) allow the certifier to conduct interviews with workers, delivery personnel, and growers during any inspection. If reinstated, Chia Growers also agreed to one unannounced inspection.

04/07/2017: Friends Trading Company – Northglenn, Colorado

Friends Trading Company agreed to maintain all records related to the production, harvesting, and handling of organic product for at least 5 years beyond their creation. Friends Trading also agreed to make records available for inspection and copying during normal business hours by the certifying agent at on-site inspections.

03/24/2017: Hengshui Shanzhi Health Drink Co. Hebei Province, China

Hengshui Shanzhi Health Drink Co. agreed to a two year suspension of its organic certification. While suspended, Hengshui Shanzhi is prohibited from selling, labeling, or representing any product as “organic.”

03/17/2017: Sway Water, Inc.

Sway Water Inc. agreed to a pay a reduced civil penalty.

02/23/2017: Sun Flour Bakery – Sacramento, California

Sun Flour Bakery: agreed to pay a reduced civil penalty.

01/23/2017: Jesse Esh – Millersburg, Pennsylvania

Jesse Esh agreed to pay a reduced civil penalty and have one unannounced inspection within the next two years.