12/21/2023: Luis Javier Noblecilla Alvarado – Santa Rosa, Ecuador
Luis Javier Noblecilla Alvarado agrees to pay a civil penalty of $696.00 and will not represent itself as a USDA certified organic operation unless and until it becomes certified organic. Luis Javier Noblecilla Alvarado will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.
12/14/2023: L-N-L Farms – Chili, Wisconsin
L-N-L Farms agrees to pay a civil penalty of $1000.00 and will not sell, label, or represent its products as organic without certification.
12/05/2023: Katara Group SPR de RL de CV – Acambaro, Guanajuato, Mexico
Katara Group SPR de RL de CV (Katara) 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; to maintain records in sufficient detail as to be readily understood and audited, allowing its certifier to conduct traceability and mass balance exercises. Katara agrees to maintain records for 5 years after creation, including a complete Organic System Plan for crops and handling operations; to not use any labels or plant any seed unless approved by its certifier; to conduct and document thorough seed searches and maintain seed inventory; to not represent, market, label, or sell any product as organic that was the result of treated seeds, or seeds not approved by its certifier; to keep organic and non-organic product separated and labeled; to rotate crops and maintain rotation records; to clean all equipment and modes of transport prior to use, and maintain cleaning records. Katara also agrees to undergo 2 unannounced inspections at its expense, with samples taken for testing for prohibited substances.
11/28/2023: Green Earth Growers (Green) – Prior Lake, Minnesota
Green Earth Growers (Green) 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. Green agrees not to use any inputs unless approved by its certifier; identify any inputs used in its Organic System Plan; and maintain records showing date, location, and amount applied. Green also agrees to submitting required documentation and requesting approval for paper-based planting aids (paper pots) prior to using in its organic operation.
11/20/2023: Olam Cocoa BV– LJ Koog aan de Zaan, Netherlands
Olam Cocoa BV (Olam) 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 certification renewal documents for 2023 and 2024 and an updated Organic System Plan. Olam also agrees that Olam Cocoa BV and Olam International are separate entities and must maintain separate certifications.
11/17/2023: Cooperativa Agraria Cafetalera Union y Fe La Coipa– San Ignacio/Cajamarca, Peru
Cooperativa Agraria Cafetalera Union y Fe La Coipa (Coipa) 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 certification fees for 2023 and 2024 and an updated Organic System Plan (OSP). Coipa agrees to not use any inputs in its organic operation until approved by its certifier; to identify all inputs used in its OSP; and ensure records are maintained by producers showing the location of inputs, dates of use, and how much was applied. Coipa agrees to maintain a current list of their producers’ fields, including acreage and maps, and also agrees to maintain an Internal Control policy to ensure that all producers comply with the organic regulations.
11/14/2023: Yenisi Beauty LLC – Lancaster, Texas
Yenisi Beauty LLC withdraws its appeal, waives further appeal rights in this matter, and agrees to remove from its website, and all other websites over which it has control, any uncertified products, including those labeled with the organic seal. Yenisi agrees to not use an uncertified manufacturing or handling facility for its USDA-certified organic products and to seek and obtain certification of that facility by its certifier before beginning manufacturing and/or handling processes at the facility. Yenisi agrees to provide on time responses to all certifier requests for documentation and information required to maintain organic certification, including a complete Organic System Plan (OSP); its 2024 and 2025 annual renewal applications, each with an updated OSP; and all owed certification-related fees. Yenisi agrees to maintain records that fully disclose its activities and transactions in sufficient detail as to be readily understood and audited, including a recipe or draft recipes for all products. Yenisi also agrees to maintain current organic certificates for its suppliers.
11/13/2023: Triple T Organics LLC (Triple) – Chatfield, Minnesota
Triple T Organics (Triple) 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. Triple agrees to maintain records in sufficient detail as to be readily understood and audited, disclosing all activities and transactions; agrees to submit to its certifier any additional documents for hogs in production, including an updated OSP, complete sales information for 2021 and 2022, renewal materials for 2023, 2024 and 2025, and agrees to submit all product labels for approval prior to using. Triple agrees to pay MOSA any overdue certification fees; not to represent, label, sell, or advertise Triple products as organic if not certified organic; and agrees that it is only certified for crops and livestock, and may only engage in activities and transactions for which it is certified.
11/13/2023: Alwahaat Company – Kebili, Tunisia
Alwahaat Company withdraws its appeal and waives further appeal rights in this matter. Alwahaat agrees and acknowledges that certifier BCS is considering its re-application for organic certification. Alwahaat agrees to provide on-time responses to all certifier requests for information; that this Settlement Agreement does not constitute an offer of certification from NOP or BCS; and that BCS, or any other USDA accredited certifier to which Alwahaat applies, will determine whether Alwahaat is eligible to receive organic certification based on a review of Alwahaat’s re-application documentation and re-inspection. Alwahaat agrees that if granted organic certification, to maintain records in sufficient detail as to be readily understood and audited, including an annually updated Organic System Plan, inputs used in the operation, maps of all plots showing boundaries and buffer zones, and filed histories. Alwahaat agrees not to use prohibited substances; to maintain adequate buffers with crops grown by the all other producers in its grower group; have internal inspections routinely conducted by qualified internal inspectors; provide bi-annual training s to internal inspectors and grower group producers; and take appropriate measures against producers who do not comply with organic regulation. Alwahaat agrees not to represent, label, or sell any product as organic until it is certified organic.
11/13/2023: Ezra Schrock – Moulton, Iowa
Ezra Schrock withdraws his appeal, waives further appeal rights in this matter, and agrees to provide on-time responses to all certifier requests for information and documentation. Schrock agrees to surrender his organic certification and that his company will exit the program in good standing. Schrock agrees not to represent, label, or sell any product as organic, unless he reapplies for and is granted organic certification by a USDA accredited certifier. Schrock agrees that its certifier will oversee compliance with the terms of this settlement agreement.
11/10/2023: Leeper Lane Farm – Frederick, Ohio
Leeper Lane Farm withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and respond on time to all certifier requests for information and documentation. Leeper agrees to maintain records in sufficient detail as to be readily understood and audited; and to submit information on the type and weight of bales fed based on its previously submitted 2022 Ration Record. Leeper agrees to maintain records showing when and where inputs are used for crops or livestock; use only certifier approved inputs; and maintain seed documentation that includes receipts, tags for all seeds purchased, and when organic seed is not commercially available, a statement indicating the nonorganic seed was not treated, non-GMO verification and seed search documentation. Leeper aggress to maintain all pasture areas that are appropriate for grazing all livestock; maintain organic certificates for its off-farm suppliers of livestock feed, hay, or poultry manure ; and maintain a fraud prevention plan.
11/06/2023: Argo Entre Rios SPA – Santiago, Chile
Rios withdraws its appeal, waives further appeal rights in this matter and agrees to fully comply with and respond on time to all certifier requests for information and documentation. Rios agrees to maintain records in sufficient detail as to be readily understood and audited. Rios agrees to purchase, represent, market, label, or sell as organic only certified products, including those obtained from the organic suppliers whose certification documentation was verified by Rios. Rios agrees to inform its certifier about changes in its operation, procedures, or suppliers that may affect its compliance with the organic regulations; only purchase products from certifier-approved suppliers; notify its certifier within 2 weeks of learning its supplier not certified organic; and immediately stop the purchase, representation, marketing, labeling or sale of products as organic from any such supplier. Rios agrees to clearly identify in transaction documentation any Rios entities, suppliers, and brokers; continue recalling and receiving previously received products with fraudulent documentation that is being held in Australia and the United States; and provide its certifier with proof the products were received, labeled as conventional or otherwise disposed of outside the organic market. Rios agrees to conduct biannual training for all personnel involved in its organic operation on verifying the validity of organic certificates, transaction certificates, and other documentation for organic products. Rios also agrees to follow and implement internal control procedures identified in its corrective action plan and have more than one person oversee internal controls.
10/31/2023: BT Farms (BT) – Faribault, Minnesota
BT Farms (BT) 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. BT also agrees that within 60 days of execution of this Settlement Agreement, it will submit any overdue late fees, and agrees to pay its certifier any future certification fees by their due date.
10/25/2023: Ben Troyer, dba Happy Hens Farm (Happy Hens) – Munfordville, Kentucky
Ben Troyer, dba Happy Hens Farm (Happy Hens) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, to be readily understood and auditable, and for its certifier to successfully conduct mass balance and traceback exercises. Happy Hens agrees that the required records include an Organic System Plan to be updated annually; complete cleaning logs for all equipment and facilities; receipts and/or labels for all feed and inputs; sales records; and daily outdoor access records for livestock. Happy Hens agrees that all records will be available at inspections for its certifier to review; will be maintained for 5 years after their creation and agrees that it will not use any input or pest control substance containing prohibited substances.
10/24/2023: Soapcreek Manufacturing Company – Ephraim, Utah
Soapcreek Manufacturing Company (Soapcreek) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information and documentation; agrees to maintain records that fully disclose all activities and transactions of the operation in sufficient detail to allow for successful mass balance and traceback exercises, including records identified in Ecocert’s April 5, 2023 notice. Soapcreek agrees not to represent, market, label, or sell any product unless it has been approved by Soapcreek’s certifier and is listed in Soapcreek’s OSP; agrees to maintain an accurate Master Ingredient List and Product List showing all certified products; to submit to its certifier all overdue certification-related fees and submit any outstanding materials needed for its 2023 certification renewal application, and submit its 2024 certification renewal application by the deadline set by its certifier.
10/24/2023: Whittle & Mutch Inc. (Whittle) – Mount Laurel, New Jersey
Whittle & Mutch Inc. (Whittle) withdraws its appeal, waives further appeal rights in this matter, and agrees that as a private manufacturer, they are not required to maintain organic certification in their own name when manufacturing products solely for Flavor. Whittle agrees that Flavor is to obtain its own organic certification under the name of FlavorSum LLC, which must ‘cover’ the Michigan and New Jersey facilities where Whittle manufactures organic products for Flavor and understands a USDA accredited certifier will inspect any facilities where Whittle is manufacturing organic products for Flavor. Whittle also agrees to surrender its organic certification once Flavor obtains certification in their name; to not represent, handle, label, or sell any Flavor product as organic until Flavor is certified; and agrees that if it wishes to manufacture organic products under its own name in the future, it will need to obtain organic certification.
10/16/2023: Eli & Ali’s Organic & Specialty Produce (Eli) – Brooklyn, New York
Eli withdraws its appeal, waives further appeal rights in this matter, and agrees to that it will respond to all requests by its certifier for documentation and information by the deadline set by the certifier. Eli agrees that it will maintain records that accurately and fully disclose all activities and transactions of the operation; and allow for successful mass balance and traceback exercises of all produce. Eli agrees that it will maintain a complete Master Supplier List of all suppliers, to not purchase any produce identified as organic unless the supplier has been approved by its certifier, and not represent, label, or sell any produce as organic unless sourced from a certified organic supplier or distributor unless an Uncertified Handler Affidavit is accepted by its certifier. Eli also agrees to comply with corrective action plans to address previous noncompliance’s.
10/05/2023: Western India Cashew Company Pvt Ltd (Western) – Kollam, Kerala, India
Western India Cashew Company Pvt Ltd (Western) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, such as annual renewal materials and an Organic System Plan for 2024 and 2025.
9/27/2023: June Pharmaceutical Lmtd. (June) – Sagaing Region, Myanmar
June Pharmaceutical Lmtd. (June) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, be readily understood and auditable, and for its certifier to successfully conduct mass balance and traceback exercises. Such documentation includes its updated Organic System Plan for crops and handling, Organic Product Profile sheets and procedures for all organic products, and organic certificates for all organic ingredients received and used. June agrees to cooperate with its certifier on the scheduling and conducting of inspections; pay advanced deposit for onsite inspection fees; and have records documenting each product’s annual production volume available for review. June agrees to only represent, label, or sell a product as organic after it is approved by its certifier and added to its organic certificate; and to only use certifier approved crops in products the company processes. June also agrees to remove from its website and the market all products not certified as organic; use only the certifier approved composition for its organic products; to not use any prohibited substances; and to properly identify all processing aids, inputs, and ingredients.
09/06/2023: Amazing Vitamins, LLC – Carlstadt, New Jersey
Amazing Vitamins, LLC agrees to pay a civil penalty of $2,946 and will not represent itself as a USDA certified organic operation unless and until it becomes certified organic. Amazing Vitamins, LLC also agrees it will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.
9/05/2023: Akenton Import and Export Inc. (Akenton) – Miami, Florida
Akenton withdraws its appeal, waives further appeal rights in this matter, agrees to surrender its organic certification, and pay all unpaid certification-related fees to its certifier, Americert International. Akenton agrees that to obtain organic certification in the future, it will need to address and resolve the noncompliance’s cited by its certifier, will not represent, market, label or sell any products as organic, and will remove all organic references and organically labeled products from its website.
8/25/2023: Heartland Organics, Inc (Heartland) – Gasport, New York
Heartland Organics, Inc (Heartland) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification; agrees not to represent, label, or sell any product as organic unless approved by its certifier, and agrees not to use any label unless submitted to its certifier and approved for use. Heartland agrees to submit organic certificates and addendums of all organic suppliers to its certifier; maintain documentation that fully discloses all activities and transactions of the operation and allow for its certifier to successfully conduct mass balance and traceback exercises. Heartland also agrees to annually update its Organic System Plan, including updating procedures to ensure that no products are represented, labeled, or sold as organic unless certified.
8/24/2023: FP & H LLC dba Fleischmanns Produce (Fleischmanns) – Doral, Florida
FP & H LLC dba Fleischmanns Produce withdraws its appeal, waives further appeal rights in this matter and agrees to pay a civil penalty of $1,000 and to immediately stop selling, labeling, and representing its herbs as organic without certification.
8/24/2023: HP Ingredients Corp. (HP) – Bradenton, Florida
HP Ingredients Corp. (HP) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification. HP agrees to maintain records that accurately disclose all activities and transactions of the operation and allow for successful mass balance and traceback exercises by its certifier; maintain current organic certificates of all suppliers and producers of organic ingredients and products received, including supplier verification that imported products aren’t treated with prohibited substances. HP agrees that it will not use the services of uncertified co-packers, will maintain current certificates, and identify all co-packers in its Organic System Plan; agrees to not represent, market, label, or sell any product unless approved by its certifier; agrees that it will not display any unverified product as organic on its website or use labels that make organic claims; agrees to remove all non-compliant labels from product still in inventory and take appropriate measures to prevent contamination of its products by prohibited substances. HP agrees that all contaminated products be accepted for return and disposed of; agrees to sample and conduct residue testing on EchiMune and Ginger Zing monthly; document the destruction and relabeling of products; ensure key personnel are present for all on-site inspections by its certifier, and conduct training at least twice a year for all personnel.
8/22/2023: Mane Kancor Ingredients Pvt. Ltd. – (Mane) of Kerala, India.
Maine Kancor Ingredients Pvt. Ltd (Mane) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification; maintain records that disclose all activities and transactions of the operation, including identifying lot/batch numbers, and allows its certifier to successfully conduct mass balance and traceback exercises. Mane agrees that records must match with transaction certificates; agrees to maintain current certificates of all suppliers and producers of organic ingredients and products; sample and test all incoming shipments of organic ginger and all finished organic ginger for prohibited substances; agrees to only use a laboratory approved by its certifier and inform its certifier of any findings of prohibited substances.
7/27/2023: Alexis Manosalva Guajardo – Chillán, Chile
Alexis Manosalva Guajardo withdraws its appeal, waives further appeal rights in this matter, agrees to pay a civil penalty of $1,575.38, will not represent itself as a USDA certified organic operation unless it becomes certified organic, and will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.
6/29/2023: Wuhl Shafman Lieberman Co. – Newark, New Jersey
Wuhl Shafman Lieberman Co. withdraws its appeal, waives further appeal rights in this matter, agrees to pay a civil penalty of $10,360.74, and provide corrective actions to noncompliances identified during the reinstatement of certification process. Wuhl Shafman Lieberman Co. will not represent itself as a USDA certified organic operation unless it becomes certified organic; and will not sell, label, or represent products as USDA certified organic or use the USDA organic seal without organic certification.
8/11/2023: Organic Producers Iowa Nebraska South Dakota Cooperative (OPINS) – North Bend, Nebraska
Organic Producers Iowa Nebraska South Dakota Cooperative (OPINS) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, be readily understood and auditable, and allow for its certifier to successfully conduct mass balance and traceback exercises, including an annually updated Organic System Plan. OPINS agrees to maintain weight tickets for all transactions, including purchase and sales records with organic certificates and product lists, invoices for the cleaning, bagging and labeling of seed, and equipment cleaning and transport records; obtain and maintain current organic certificates and product lists for its suppliers; that it will not subcontract with any uncertified entity for cleaning, bagging, and labeling organic seed or grain; that its bulk commodity suppliers need to remain certified for the sourced products to be considered certified when sold; and that while certified under the name “Organic Producers Iowa Nebraska South Dakota Cooperative,” it may use “OPINS” on documents for efficiency. OPINS also agrees to undergo an unannounced inspection within one year of this agreement.
8/02/2023: Kariba Farms Inc. (Kariba) – Dover, New Jersey
Kariba Farms Inc. (Kariba) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification and be readily understood and auditable, including an annually updated Organic System Plan, master ingredient list, master product list, and input list. Kariba agrees to submit to its certifier an uncertified handler affidavit and ingredient or composition statement for Tenzon Tea; request and receive approval before using any handling/processing inputs and product labels; and remove all unapproved products and products with unapproved labels from their website and other modes of communication. Kariba agrees to verify quarterly that products listed on its organic certificate match the master product list and website; list all ingredient suppliers on its master ingredient list, retain copies of certified organic certificates and product specification sheets for multi-ingredient products; obtain certifier approval prior to sourcing any organic ingredients from a new supplier; and not place any unapproved products on its Master Product List. Kariba also agrees to submit written procedures to its certifier to make sure uncertified products are not represented, handled, labeled, or sold as organic.
8/02/2023: Doehler North America (DNA) - Cartersville, Georgia
Doehler North America (DNA) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including its certification renewal application and fees for 2023 and 2024. DNA agrees to submit current organic certificates for all ingredients, complete Multiple Ingredient Product Profiles for applicable products, and corresponding product summaries within 45 days of this agreement; submit all future product information on forms required by its certifier; on all documentation, labels, and advertising, stop using the term ‘natural flavor’ for organic flavor; and use only certifier-approved product labels. DNA acknowledges that Doehler North America and Doehler Inc. are the same operation and agrees the company will comply with the terms of this agreement.
8/02/2023: Shalom Orchard and Winery (Shalom) - Franklin, Maine
Shalom Orchard and Winery (Shalom) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, be readily understood and auditable, and allow for its certifier to conduct successful mass balance and traceability exercises. Shalom also agrees to submit its annual certification renewal, updated Organic System Plan, and certification fees for 2023 within 60 days of this Settlement Agreement, and submit its certification renewal for 2024 within the deadline set by its certifier.
7/31/2023: Los Ricos Compania Corporation (Los Ricos) – Pasig City, Manila, Philippines
Los Ricos Compania Corporation (Los Ricos) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification, including an Organic System Plan (OSP) that accurately describes its crop and handling operations and processes. Los Ricos agrees to use only certified toll manufacturer services identified in its OSP; verify transaction certificates for incoming organic products, indicate the organic status of outgoing products and provide certifier information on product sales and delivery receipts; continue maintaining records identifying the organic status of ingredients; and store organic ingredients and products separate from conventional ingredients and products. Los Ricos agrees to use only certifier-approved labels that include the required ‘certified by CUC’ statement’ with ingredients that match those on the ingredient list.
7/21/2023: San Antonio Horticola SA de CV (SAH) – Ciudad Obregon, Sonora, Mexico
San Antonio Horticola SA de CV (SAH) withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain organic certification and be readily understood and auditable, including an annually-updated Organic System Plan (OSP) and field histories showing planting and harvest dates, and purchase, sale, and transport records. SAH agrees to use only approved inputs and to document their use. SAH agrees to not use prohibited substances in its organic operation; to identify sources of contamination and take appropriate measures if prohibited substances are found; use only approved cleaning products identified in the OSP on handling/processing equipment; follow cleanliness standards; and not rent or lend equipment to conventional operations. SAH agrees to monitor all buffer zones and water sources to reduce risk of contamination; train personnel on the use of inputs and recordkeeping; and pay all certification related fees. SAH agrees that Parcel 18, Sections 13A and 13B remain suspended until December 9, 2023, and Parcel 22 is suspended from certification until November 18, 2025, after which these parcels will be eligible for certification if no prohibited substances are found. SAH also agrees that its settlement agreement with CCOF remains in effect until October 12, 2023 and that its operation will undergo two unannounced certifier inspections.
7/18/2023: Kevin Murnion (Murnion) – Jordan, Montana
Kevin Murnion (Murnion) withdraws his appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for documentation and information. He agrees to maintain detailed records of all activities and transactions that are readily understood and audited, including an annually-updated Organic System Plan, and complete field histories that show tillage, planting, and harvest dates, along with purchase, sale, and transport records. Murnion also agrees to submit within 60 days a procedure for cleaning equipment prior to the harvesting of organic crops; maintain cleaning records on how and when equipment was cleaned; document seed searches conducted to locate organic seeds; and maintain invoices for all seed purchased.
7/13/2023: Carthago Essence (Carthago) – Sousse, Tunisia
Carthago Essence (Carthago) withdraws its appeal, waives further appeal rights in this matter, and agrees that all crop production, except rosemary and myrtle, is removed from its certification, and all handling and handling products are removed from certification except deoiled rosemary leaves, dried rosemary leaves 2022, myrtle essential oil 2022, neroli essential oil bought from Bigaflro, rosemary essential oil, floral water 2021, myrtle essential oil, and rosemary essential oil. Carthago agrees that the crop production and handling products removed from certification are identified in August 3, 2022 audit results from Ecocert S.A., and its amended certificate will reflect the changes; to inform all grower group producers about crops no longer certified organic and that Carthago is no longer certified for the handling. Carthago agrees not to represent, label, or sell any product removed from its certificate as organic; to pay Ecocert S.A., within 60 days, the overdue certification-related fees of 2 245,453 Dinars; respond to all certifier requests for documentation; maintain records that fully disclose all remaining certified crops and handling activities, including an Organic System Plan, field histories and irrigation activities by grower group producer/plot. Carthago agrees to request and receive approval before using any inputs on crops or cleaning product on handling/processing equipment; instruct the grower group to only use approved inputs, document inputs used, identify cleaning products in the OSP, and follow appropriate cleanliness standards. Carthago agrees not to use prohibited substances in its organic operation; to oversee compliance with the NOP organic regulations; monitor all water sources and buffer zones to reduce the risk of contamination; inform its certifier if notified of positive tests for prohibited substances and identify the source of contamination. Carthago also agrees to submit within 90 days a written internal controls policy and procedures on how it will comply with the terms of this agreement and that it undergo annual, and possibly unannounced, inspections.
6/16/2023: Lucky Elephant Foods SPC, dba Paunchy Elephant (Lucky) – Renton, Washington
Lucky Elephant Foods SPC, dba Paunchy Elephant (Lucky) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation. Lucky agrees to pay Quality Assurance International $4,550 in overdue certification-related fees within 30 days of this settlement agreement and pay the balance of $4,000 of overdue certification-related fees within 60 days of this settlement agreement. Lucky also agrees to pay all certification-related fees for 2023 and 2024 and agrees the prior settlement agreement addressing numerous noncompliances is still in effect until November 2023.
6/5/2023: Crescendo Organic, LLC Limited Liability Company (referred to jointly as JR-Crescendo) – Chatfield, Minnesota
Crescendo Organic, LLC Limited Liability Company (JR-Crescendo) withdraws its appeal, waives further appeal rights in this matter, agrees to respond to all certifier requests for information and documentation, and transfer its organic certification for crops and handling from the JR name to the Crescendo name. JR Crescendo agrees to not represent, label, or sell any crops or hemp seed until granted certification under the appropriate scopes; use the JR name for conventional production and handling; revise documents used in the organic operation to reflect Crescendo as the certified operation; enter into a new agreement with a USDA accredited certifier under the Crescendo name; maintain records of all activities of the organic crop and handling operation as to be readily understood and audited; update its Organic System Plan annually; maintain records for purchasing, planting, harvest, storage, and sales; and request approval from its certifier before using any input, and not use inputs with prohibited substances; The company also agrees request certifier approval of all labels prior to use; maintain equipment cleaning logs; use only cleaning products that do not contain prohibited substances; maintain adequate buffer zones to reduce the risk of contamination from conventional crops; and clearly label organic and conventional products in their facility to prevent commingling. JR-Crescendo agrees to provide a map showing all organic and conventional land owned, rented, and managed; use organic seed and planting stock, if commercially available; conduct seed searches with at least three suppliers; comply with organic crop rotation requirements; and have its certifier conduct an annual inspection of all locations used in its operation. JR-Crescendo also agrees to undergo an unannounced inspection within 12 months.
5/19/2023: Agroproductores Organicos El Vallecito SPR de RL (Vallecito) – Ciudad Constitucion, Baja California Sur, Mexico
Agroproductores Organicos El Vallecito SPR de RL (Vallecito) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation, including all invoiced certification-related fees. Vallecito also agrees to pay its certifier 26,699.72 MXN in certification fees, as noted on invoice 2148, originally due on February 19, 2023.
5/16/2023: Siskiyou Seeds LLC (Siskiyou) – Williams, Oregon
Siskiyou Seeds LLC (Siskiyou) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation, including its annual certification renewal, fees, and an updated Organic System Plan for 2023 and 2024. Siskiyou agrees to submit product labels to its certifier for review and approval prior to use; agrees to not represent, label, or sell any nonorganic seed as organic; maintain documentation of all seed searches and include three potential suppliers for each variety of seed; take necessary measures to prevent commingling of organic and nonorganic seed; and maintain cleaning records for all equipment. Siskiyou agrees to maintain detailed records of all activities and transactions to be readily understood and audited and sufficient for the certifier to conduct successful mass balance and traceability exercises. Siskiyou agrees to include field acreage and activity records, crop tables, and seed handling and planting records linking seed origin to inventory and subsequent sale; use only crop inputs that have been approved by its certifier and identified in its OSP; maintain a current Master Product List (MPL) for all products listed as certified organic, including seed supplier information for both on-farm and purchased/contracted seed; and confirm the MPL and organic certificates correspond to each other.
4/27/2023: Dakota’s Best Seed and DenBesten Brand Organic Seed (Dakota-DB) – Platte, South Dakota
Dakota’s Best Seed and DenBesten Brand Organic Seed (Dakota-DB) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation, including its annual certification renewal, fees, and an updated Organic System Plan for 2023 and 2024. Dakota-DB agrees to pay a total civil penalty of $3,500; submit product labels to its certifier for review and approval prior to use; submit and maintain its procedures for withholding seeds from inventory to use in test plots and other non-sale purposes; and include where and how seeds will be held to maintain organic integrity, and how seeds will be labeled if returned for eventual sale. Dakota-DB also agrees to label withheld seeds as not for sale; maintain current organic certificates for all suppliers; and prevent commingling of organic and nonorganic seeds. Dakota-DB agrees not to sell nonorganic seed as organic; ensure labels accurately reflect products; train all personnel on organic regulations, recordkeeping, product labeling, and on the procedures and duties associated with this agreement.
4/24/2023: Herbs America Inc. (Herbs) – Murphy, Oregon
Herbs America Inc. (Herbs) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation, including records of all activities and transactions that would enable its certifier to conduct successful mass balance and traceback exercises. Herbs agrees to submit documentation explaining the mass balance discrepancy of 195,640 units of Maca capsules noted in the adverse action; submit an updated Organic System Plan when renewing its certification; monitor its Master Ingredient List, Master Product List, Organic System Plan, organic certificate, labels, and its ‘account’ on the MYOTCO portal; and maintain an accurate reflection of ingredients used in products listed as 100% organic, organic, or made with organic ingredients. Herbs agrees to submit all labels to its certifier for review and approval prior to using on its products; revise labels to reflect any changes in ingredients; accurately reflect product availability on its website; remove drop-down menu listings of unavailable products; and, on a quarterly basis, remove or replace pictures of unavailable products. Herbs also agrees to maintain current organic certificates for all its organic ingredient suppliers and train all personnel on organic regulations and recordkeeping.
4/14/2023: Sanchez Alvarez Juan Manuel (Sanchez) – Loc. Periban de Ramos, Michoacan, Mexico
Sanchez Alvarez Juan Manuel (Sanchez) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation, including records of all activities and transactions showing compliance with organic regulations. Sanchez agrees to outline and submit to its certifier its procedures for maintaining documentation that allows the certifier to conduct successful mass balance and trackback exercises. Sanchez also agrees to implement measures to prevent the commingling of organic and nonorganic products at all stages of its operation.
4/12/2023: Productora de Papaya Maradona SAS de CV (Papaya) – Gonzalez, Tamaulipas, México
Productora de Papaya Maradona SAS de CV (Papaya) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation. Papaya agrees to submit its certification renewal applications and updated Organic System Plans for 2022 through 2024; pay its certifier, BAC, all overdue certification related fees in the amount of 47,560 Pesos; and keep its organic certification current. Papaya also agrees not to handle, represent, label, or sell any product as organic without organic certification; to maintain contact with its certifier; and to provide alternate contact information if the primary phone and email will not be staffed to respond in a timely manner.
4/3/2023: Soy Cain Togo (Soy) – Lome, Togo
Soy Cain Togo (Soy) withdraws its appeal, waives further appeal rights in this matter, and agrees to obtain a new certifier or surrender its certification since its former certifier is no longer accredited by NOP. Soy agrees that its operation may keep the ‘transitioning to a new certifier’ status for up to one year from the date of this agreement and that its certification will be suspended if the operation does not have a new accredited certifying agent by then. Soy agrees to apply to a new certifying agent, or continue its application with bio.inspecta; submit all required information and documentation; cooperate in the scheduling and conducting of an inspection; submit all certification related fees; and respond to previous and current noncompliances. Soy agrees that if the operation obtains a new certifier, it will be subject to an unannounced inspection. Soy also agrees to send the NOP Appeals Team any notices related to its efforts to obtain certification and inform them of its certification status within one year.
3/31/2023: UAB Auga Luganta (Auga) – Pasiause, Lithuania
UAB Auga Luganta (Auga) withdraws its appeal, waives further appeal rights in this matter, and acknowledges that certifier BCS is considering its application and supporting documentation for organic certification. Auga agrees that this settlement does not constitute an offer of certification from NOP, BCS, or any other USDA-accredited certifier, and that BCS will determine its eligibility based on a review of its submitted documentation, Organic System Plan (OSP), and an on-site inspection; to respond to all certifier requests for information and documentation, if granted certification; and to maintain detailed records of all activities and transactions, including an OSP, records of inputs used, field histories, and maps of boundaries and buffer zones. Auga also agrees not to represent, label, or sell any product as organic until its operation is certified organic.
3/30/2023: Barron County Organics dba 20 Mile Organic (Barron 20) – Barronett, Wisconsin
Barron County Organics dba 20 Mile Organic (Barron 20) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation; maintain complete ingredient product composition sheets; and maintain organic certificates for its ingredient suppliers. Barron 20 also agrees not to use products or ingredients from uncertified suppliers in its organic products.
3/29/2023: Nourishe Organics (Nourishe) – Tequesta, Florida
Nourishe Organics (Nourishe) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation; maintain complete ingredient information, product profiles, and formulations, and receive approval of any changes from its certifier prior to manufacturing, labeling, and selling products as organic. Nourishe agrees to maintain records of ingredient purchases, processing, inventory, sales, and shipping to allow its certifier to conduct mass balance and traceability exercises; agrees that its manufactured products will match its certifier-approved formulation; maintain organic certificates for its ingredient suppliers; and make sure the labels and packaging comply with the organic regulations, including any required statements. Nourishe may continue using its already-produced labels and packaging through September 30, 2023.
3/27/2023: Elk Mountain Herbs Inc. (Elk) – Laramie, Wyoming
Elk Mountain Herbs Inc. (Elk) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation, including its annual renewal application with certification fees. Elk agrees to only use ingredients identified on its organic crop certification; maintain complete ingredient product composition sheets; maintain current organic certificates for its suppliers; and use only certifier-approved inputs in its organic production processes. Elk agrees to document all inputs, including where and when applied; maintain documentation to trace products from receipt of ingredients through final sale; make sure product labels comply with organic regulations; and update its website to reflect correct information. Elk also agrees to submit to its certifier the dates mushroom compost was applied to its crops; document how its website will be kept current and prevent contamination of its organic products with prohibited substances; and provide the organic certificate for the supplier of Bugleweed, California Poppy, and Kinnickinnick (Uva Ursi).
3/23/2023: OSO Sweet Farm LLC (OSO) – Reidsville, Georgia
OSO Sweet Farm LLC (OSO) withdraws its appeal, waives further appeal rights in this matter, and agrees to respond to all certifier requests for information and documentation. OSO agrees not to use prohibited substances on its certified organic land, fields, or crops, and report any unintentional use to its certifier; maintain adequate buffer zones to reduce risk of contamination from neighboring conventional land; and not represent, label, or sell any product as organic which has been contaminated by prohibited substances. OSO agrees to identify all used and planned inputs in its Organic System Plan; apply only certifier-approved inputs; and maintain detailed records of their purchase, including when and where applied. OSO agrees that Dutton Field #3 will be removed from organic production and will not be eligible for organic certification for three years; equipment will not be shared among organic and conventional operations unless properly cleaned to prevent contamination; and that in the next two years, its operation will undergo two unannounced inspections.
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.