12/21/2021: John B. Stoltzfus dba Twin Oaks Farm – Cadiz, Kentucky
John B. Stoltzfus dba Twin Oaks Farm (Stoltzfus-Twin) withdraws his 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 2021, 2022 and 2023 annual certification renewal applications and related certification renewal fees. Stoltzfus-Twin agrees to provide an updated Organic System Plan that includes a completed dry matter intake form, field history and pasture log.
12/20/2021: Shandong Shengxiangyuan Biotechnology Co., Ltd. – Shandong, China
Shandong Shengxiangyuan Biotechnology Co., Ltd. (SSB) withdraws its appeal, waives further appeal rights in this matter, and agrees to stop allowing others to market their products as organic using SSB’s organic certification; inform uncertified customers they are not allowed to claim SSB’s organic certification as their own; and report those organizations that attempt to do so. SSB agrees to get certifier approval before packing organic products under its certification and before using labels that display the USDA organic seal or make organic claims. SSB also agrees to provide its employees with annual training on the organic regulations.
11/30/2021: Wolf Springs Ranch – Fairfield, Idaho
Wolf Springs Ranch 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 annual certification renewal application, and related certification renewal fees. Wolf Springs Ranch agrees to provide to its certifier field maps labeled with names that correspond to those used in its Organic System Plan. Wolf Springs Ranch also agrees not to sell, label, or represent products as organic without certification.
11/08/2021: Green Mountain Distillers – Morrisville, Vermont
Green Mountain Distillers agrees to pay a civil penalty of $11,000, and immediately cease and desist selling, labeling, or representing its products as organic without certification.
11/2/2021: Nakhonphanom Agricultural Marketing Cooperative Ltd – Nakhonphanom, Thailand
Nakhonphanom Agricultural Marketing Cooperative Ltd 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. Nakhonphanom agrees to have its certifier schedule and conduct a handling inspection, and after the inspection, to correct and respond to any noncompliances on time.
10/29/2021: Whistling Swan Farms – Browning, Montana
Whistling Swan Farms 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 the annual renewal applications for 2021, 2022 and 2023.Whistling Swan Farms agrees to pay any outstanding certification fees within 60 days and pay future certification fees on time. The company also agrees not to represent, label, or sell any agricultural product as organic, unless it is certified organic.
10/14/2021: Tiensvold Farms – Rushville, Nebraska
Tiensvold Farms 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 at inspections, to maintain organic certification, and to successfully conduct mass balance and traceback exercises. Tiensvold Farms agrees to provide an updated Organic System Plan and complete records on its grain cleaning and bagging operations.
10/14/2021: Kenny Majewski dba Majewski K&C Coverbridge Farm – Tamaroa, Idaho
Majewski K&C Coverbridge Farm withdraws its appeal, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time submissions of its 2022 and 2023 certification renewal applications, fees, and related documentation. In the future, Majewski K&C Coverbridge Farm agrees to only represent, label, or sell as organic agricultural products that were produced, handled and/or purchased from a certified organic operation.
10/1/2021: Paradise Springs Farm – Victor, Idaho
Paradise Springs Farm 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 successfully conduct mass balance and traceback exercises, including an updated Organic System Plan, an Annual Field Plan and its organic cheese production and inventory records.
9/22/2021: Kiwa BCS Oko-Garantie GmbH – Nürnberg, Germany
The settlement agreement with Kiwa BCS, executed on September 22, 2021, amends the terms of the original settlement agreement dated July 14, 2020. Kiwa BCS withdraws its appeal, waives further appeal rights in this matter, and agrees to: submit corrective actions in response to noncompliances generated from its 2019 mid-term audit; stop accepting new applicants for 16 months from execution of the original agreement; document how they will fully comply with all NOP requests for information; conduct audits of its NOP certification activities; provide quarterly staff training; and undergo an onsite compliance audit, witness audits for each area of certification, and an NOP file review of 10% of its new applicants to demonstrate there are no reoccurrences of the 2019 noncompliances.
9/16/2021: Mary Tylor Naturals LLC – Fort Myers, Florida
Mary Tylor Naturals 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 successfully conduct mass balance and traceback audits, including an updated Organic System Plan that describes the company’s recordkeeping system. Mary Tylor Naturals also agrees to indicate each product’s organic status and unique identification number on all documentation and provide the certifier’s inspector with complete access to its operation during announced and unannounced inspections.
9/7/2021: RCA Farms LLC – Tarboro, North Carolina
RCA Farms 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 annual certification renewal application and fees. RCA Farms also agrees to pay outstanding certification fees to its former certifier; undergo an unannounced inspection within the next two years; and that if it wishes to change certifiers, it will notify the new certifier of outstanding noncompliances and adverse actions. After maintaining the terms of this agreement for two years, the May 28, 2021 Notice of Proposed Suspension and the August 6, 2021 Notice of Suspension will be considered resolved.
9/1/2021: Yiddish Farm Education Center, Inc. – New Hampton, New York
Yiddish Farm Education Center 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 document its seed and ingredient purchases; successfully conduct mass balance and traceback audits; and maintain organic its certification.
8/26/2021: Haddinger Farms – Evansville, Wisconsin
Haddinger Farms withdraws its January 7, 2021, request for an administrative hearing, waives further appeal rights in this matter, and agrees to fully comply with and provide on-time responses to all certifier requests for information, verifiable documentation and other recordkeeping required to maintain organic certification and for its certifier to conduct inspections, including the submission of its annual Organic System Plan update and certification renewal fees.
8/17/2021: LD Ranch Properties LLC – Labelle, Florida
LD Ranch Properties withdraws its certification application with Americert International, waives further appeal rights in this matter, and agrees to submit a new application with a different certifier, fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to apply for and maintain organic certification, including organic grower, crop rotation and cover crop plans. LD Ranch Properties also agrees to submit a list of planned inputs, along with documentation showing their allowed use in organic production; clearly identify the land being certified; submit information on its seed search and the cultivars of hemp being planted; clarify the accuracy information submitted to its certifier; name an authorized representative responsible for communicating with the certifier and undergo a full inspection. LD Ranch agrees that its Settlement Agreement with the National Organic Program does not guarantee successful certification of its operation.
8/13/2021: Metropolis Coffee – Chicago, Illinois
Metropolis Coffee agreed to pay a civil penalty of $65,081.71 and to stop selling products as organic unless its organic certification is reinstated.
8/11/2021: Midwest Warehouse and Distribution System – Woodridge, Illinois
Midwest Warehouse and Distribution System withdraws its appeal, waives further appeal rights in this matter, and agrees that the certifier reviewing its organic certification reinstatement request will continue the process; while it is uncertified, it will not handle organic products unless they are excluded or otherwise exempt; when handling conventional products, it will prevent any comingling with organic products; and recognizes that it is possible its certification reinstatement request may be denied.
8/9/2021: SAC Farms – Nyssa, Oregon
SAC Farms withdraws its appeal, waives further appeal rights in this matter, and agrees to surrender its organic certification; not represent, label or sell products as organic; notify its renter that SAC’s organic certification cannot be transferred to them and that the renter must obtain its own organic certification to represent, label or sell products as organic.
8/4/2021: Manaos Industria e Comercio de Polpas Ltda. – Quadra Amazonas, Brazil
Manaos Industria e Comercio de Polpas withdraws its appeal, waives further appeal rights in this matter, and agrees to designate separate spaces for organic and conventional products in its facility, as well as in its cold storage; stop using substances that contain prohibited substances for pest control and implement measures to prevent the contamination of organic products; update its Organic System Plan to include the names of intended suppliers; review product labels for accuracy and submit them to its certifier for approval prior to use; and undergo an unannounced inspection within 18 months. Manaos also agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required at inspections and to maintain organic certification, including its complaint handling procedures, cleaning records and a handling/processing flow chart.
7/15/2021: Steve Miller dba Jubilee Meadows Farm LLC – Mt. Gilead, Ohio
Steve Miller (Jubilee Meadows Farm) withdraws his request for an administrative hearing, 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 the annual certification renewal application and fees. Mr. Miller also agrees that his January 2020 settlement agreement with the USDA Agricultural Marketing Service remains effective through January 15, 2022.
7/13/2021: Sassy Cow Creamery LLC/Baerwolf Dairies – Columbus, Wisconsin
Sassy Cow Creamery/Baerwolf Dairies withdraws its requests for administrative hearings, 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 at inspections and to maintain organic certification, including records documenting herd health, livestock dry matter intake and other grazing records. Sassy Cow/Baerwolf Dairies also agrees to follow the crop rotation plan outlined in its Organic System Plan, notify its certifier of deviations from the plan, use only approved inputs, and undergo an unannounced inspection within 18 months.
6/24/2021: Thornhill Farms LLC – Slidell, Louisiana
Thornhill Farms withdraws its appeal, waives further appeal rights in this matter, and agrees that the facilities used to produce and handle its organic products must be separately certified. The company agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required at inspections or to maintain organic certification, including suppliers’ organic certificates and an updated Organic System Plan that documents any new supplier. Thornhill Farms also agrees not to sell or represent as organic any products produced or handled at uncertified facilities, including the remaining Cool Blue Vodka bottles shipped by a suspended operation from December 18, 2018 through March 4, 2020; to allow certifiers to conduct announced and unannounced inspections, including two unannounced inspections in the next two years; to confirm the certification status of any sourced ingredients; and pay an administrative fee of $1,500. This agreement does not cover any newly produced vodka or Cool Blue wine not represented, labeled, or sold as organic.
6/23/2021: Productos La Finca Inc. (dba MAGA Foods) – Sabana Grande, Puerto Rico
Productos La Finca Inc. agreed to pay a civil penalty of $104,506.02 and to immediately stop selling, labeling, and representing its products as organic without certification.
6/10/2021: Frisian Farm – Wendell, Idaho
Frisian Farm 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 at inspections and to maintain organic certification. Frisian Farm also agrees to maintain, and make available at inspections, seed purchase records, seed tags and all other records documenting the operation’s transactions and activities; not to use seed that has or is suspected of having a prohibited substance; use only certifier-approved seed; and to confirm that seed received is the organic-approved seed the operation ordered.
6/4/2021: Productos Organicos el Capricho S.P.R. de R.L. de C.V. – Baja California Cur, Mexico
Productos Organicos el Capricho S.P.R. de R.L. de C.V. (Capricho) withdraws its appeal, waives further appeal rights in this matter, and agrees to pay its certifier all certification and inspection-related fees by the set deadline. Capricho also agrees to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required at inspections and to maintain organic certification.
6/3/2021: Highland Acres – Cazenovia, Wisconsin
Highland Acres 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 at inspections and to maintain organic certification, including feed purchase records, field histories, individual herd health records and a record of any other transactions and activities. Highland agrees to update its Organic System Plan and Materials List with the list of allowed vaccines and any other required revisions; use only certifier approved inputs for its crop and livestock operation; remove any unapproved inputs and vaccines from its property; comply with the terms of its May 13, 2020 settlement agreement, which remains in effect; and undergo an unannounced inspection within a year.
6/2/2021: Erolcorp, S.A. – Guayas, Ecuador
Erolcorp, S.A. withdraws its appeal, waives further appeal rights in this matter, and agrees to submit information documenting its organic coffee and organic soybean oil suppliers and an updated Organic System Plan (OSP); annually update its OSP; maintain current organic certificates for its suppliers; only use the USDA organic seal on products previously included in its OSP and whose suppliers’ organic status has been verified. Erolcorp also 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 ingredient purchase records and a description of the operation’s practices and procedures.
5/28/2021: SureSource Commodities LLC – Petrolia, Ontario, Canada
SureSource Commodities LLC agrees to pay a civil penalty of $115,000, have residue testing performed by an accredited U.S. lab on all incoming shipments from each supplier during a prescribed period, and provide USDA with the results. Should a prohibited substance be detected, SureSource will move that product out of the organic supply chain and extend the testing period for that supplier. This agreement is in response to detections of prohibited substances on previously imported products represented as organic without the required TraceNet certificates to verify the organic status of the products.
5/19/2021: John Z. Stoltzfus – Orangeville, Pennsylvania
John Z. Stoltzfus withdraws his 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 a five-year planting history for all certified fields. Mr. Stoltzfus agrees to maintain readily auditable, written records fully documenting his operation’s transactions and activities. He also agrees to make sure all animals are fed at least 30 percent of dry matter intake from pasture; maintain records documenting the animals’ DMI intake documentation; and undergo an unannounced inspection within one year.
5/19/2021: Red and Blue Berries Ltda. – Curico, Chile
Red and Blue Berries Ltda. withdraws its appeal, waives further appeal rights in this matter, and agrees to submit a plan for maintaining valid documentation that allows for successful product traceback; implement corrective actions in response to noncompliances identified during the May 20, 2020 and September 11, 2020 inspections. The company 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 documentation for all transactions and quarterly Control Team reports. Red and Blue Berries also agrees undergo an unannounced inspection and to not sell, label, or represent any conventional products as organic.
5/18/2021: Union Beverage Packers LLC – Hillside, New Jersey
Union Beverage Packers withdraws its appeal, waives further appeal rights in this matter, and agrees to submit responses and documentation for noncompliances identified in its May 3, 2021 Corrective Action Report; submit new documentation for the revised Honest Tea product formulations, as identified in the July 15, 2020 Request for Additional Information; update its organic system plan; and notify its certifier when the company must get the requested documentation from a private label client. Union Beverage also 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 new information or revisions made by a private label client.
5/14/2021: Fifth Nutrisupply Inc. (Fifth) – Montclair, California
Fifth Nutrisupply withdraws its appeal, waives further appeal rights in this matter, and agrees to pay a civil penalty of $19,000 for noncompliances identified in its November 23, 2020 Notice of Civil Penalty. Fifth also agrees not to sell, label, represent or advertise its products as organic while its organic certification is suspended; that in order to seek future organic certification, the company must apply to a USDA-accredited certifier to reinstate its certification; and if certification is reinstated, Fifth will maintain documentation required to substantiate its products’ organic status.
5/6/2021: Bensvue Farms LLC – Lansing, New York
Bensvue Farms withdraws its appeal, waives further appeal rights in this matter, agrees not to purchase feed or other items from uncertified suppliers. Bensvue also agrees to obtain the current organic certificate for any prospective supplier before making purchases; contact its certifier or check the NOP Organic Integrity Database about questions on a supplier’s organic status; and update its Organic System Plan and Purchased Feed Log with feed suppliers and purchases.
5/3/2021: Bent Creek Organics – Ithaca, Michigan
Bent Creek Organics withdraws its appeal, waives further appeal rights in this matter, agrees not to use any input containing a prohibited substance. Bent Creek Organic also agrees to use only certifier-approved inputs, identify such inputs in its Organic System Plan, and conduct soil tests to determine specific input needs. The company further agrees not to represent, label or sell as organic any remaining soybeans harvested from the treated field; to prevent contamination of its organic crops with prohibited substances; submit a management plan on how it will prevent contamination from using the wind turbine located at the edge of its organic field; and undergo an unannounced inspection.
4/30/2021: Alpine Echo Farm – Holland Patent, New York
Alpine Echo Farm (Alpine) withdraws its appeal, waives further appeal rights in this matter, 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 annual renewal application and related fees. Alpine also agrees that its annual renewal date is now set for February 28 of each year.
4/26/2021: Jim TenDolle Farm LLC – Oostburg, Wisconsin
Jim TenDolle Farm agrees to pay a civil penalty of $500 and immediately stop selling, labeling, or representing its products as organic without certification.
4/9/2021: Robert Schmidt Seed Farm LLC – Columbus, Nebraska
Robert Schmidt See Farm withdraws its appeal, waives further appeal rights in this matter, agrees that its organic certification is suspended upon execution of the Agreement on April 9, 2021; that it may not to represent, label or sell its products as organic while not certified; and that in order to seek future organic certification, the company must correct all noncompliances and undergo the complete certification process.
3/31/2021: Tatiana Elizabeth Romero Villamagua – Machala, El Oro, Ecuador
Tatiana Elizabeth Romero Villamagua withdraws her appeal, waives further appeal rights in this matter, and agrees that the grower group crops certification for bananas is suspended, while the crops certification for cacao and the handling certification are unaffected and remain valid. Ms. Villamagua agrees she may not handle bananas from the previous grower group members and may only represent, label or sell cacao as organic under her crop certification. She also agrees not to add grower group members to the crops certification without certifier approval or to represent, label or sell member products until they are added to the crop certification. Ms. Villamagua agrees to maintain buffer zones around the cacao crops, to make real-time updates to the Organic System Plan (OSP) and not to use inputs on the cacao crops unless they are certifier approved and listed in the OSP. Ms. Villagua also 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 will undergo an unannounced inspection within 18 months.
3/25/2021: Alfredo Torres – Mosca, Colorado
Alfredo Torres withdraws his appeals, 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 a list of inputs used on his organic and conventional land, invoices for those inputs, field history forms and an updated Organic System Plan.
3/17/2021: Fraga Farmstead Creamery LLC – Gales Creek, Oregon
Fraga Farmstead Creamery (Fraga) withdraws its appeals, waives further appeal rights in this matter and agrees to surrender its organic certification for all scopes and provide any required documentation to its certifier. Fraga agrees that only the specific products identified in the agreement are considered in the stream of commerce; and if any of the identified products are not sold in their entirety by June 1, 2021, the remaining product may not be sold as organic; it will not label, sell or represent any products as organic while the company remains uncertified; and from the date of the agreement, it will not produce additional products to be represented, labeled or sold as organic.
3/15/2021: Sunrise Family Farms, Inc. – Norwich, New York
Sunrise Family Farms, Inc. agrees to pay a civil penalty of $15,000 and immediately stop selling, labeling, or representing its products as organic without certification.
2/26/2021: APAX USA, Inc. – Castle Rock, Colorado
APAX USA withdraws its appeals, waives further appeal rights in this matter and agrees to surrender its organic certification and notify its certifier. APAX agrees not to manufacture, label, sell or represent its products as organic while the company remains uncertified. The company also agrees it may resell finished organic products sourced, manufactured and labeled by a third party, can only state on organic product labels that products are being distributed by APAX, and that in order to seek future organic certification, the company must correct all noncompliances and undergo the complete certification process.
2/24/2021: Conscious Coconut, LLC – Tampa, Florida
Conscious Coconut withdraws its appeal, waives further appeal rights in this matter and agrees to pay a civil penalty of $2,000 for continuing to label, sell or represent its products as organic while suspended. Conscious Coconut also agrees that future organic certification will require the company to undergo the complete certification process, including application, inspection, payment of certification fees and the proper identification of co-packers or other operations handling its products.
2/23/2021: Joel Gierach – Mayville, Wisconsin
Mr. Gierach withdraws his appeal, waives further appeal rights in this matter and agrees to pay the adjusted organic certification fees for 2020 and 2021. Mr. Gierach also agrees to submit his 2021 and 2022 certification renewal applications on time and to fully comply with and provide on-time responses to all certifier requests for information, documentation and other recordkeeping required to maintain its organic certification.
2/8/2021: Organic Teas United LLC – Tacoma, Washington
Organic Teas United withdraws its appeal, waives further appeal rights in this matter, confirms that it surrendered its organic certification and agrees the surrender is final and in force. Organic Teas Unlimited agrees not to label, sell or represent its products and those packaged for other companies, as organic unless those other companies are certified. Organic Teas Unlimited also agrees to remove the USDA organic seal and any organic claims from its products; discontinue use of its name on the principal panel of conventional product labels; and pay its certifier any outstanding balance. The company agrees that future organic certification will require it to undergo the complete certification process, including application, inspection, payment of certification fees and correction of all previously cited noncompliances.
2/2/2021: Black Squirrel, LLC dba King Creek Queen’s Greens, dba Queen’s Greens – Amherst, Massachusetts
Queen’s Greens withdraws its appeal, waives further appeal rights in this matter, agrees that its crops certification is suspended for two years, commencing on May 1, 2021, and agrees that until May 1, 2021 it may complete the harvest, labeling and sale of its winter greenhouse products as organic. Queen’s Greens also agrees not to label, sell, represent or make online claims about its products as organic.
1/27/2021: Bennett Dairy Inc. – Kokomo, Mississippi
Bennett Dairy withdraws its appeal, waives further appeal rights in this matter, confirms that its certifier will accept the surrender of its organic certification for crops and livestock and agrees not to label, sell or represent its products as organic. Bennett also agrees future organic certification will require the company to undergo the complete certification process, including application, inspection and payment of certification fees.