CCOF Certification Program Manual- DISINTEGRATED

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Food Inspection Agency is notified of Cancellations orSuspensions of certification to the Canadian Organic Regimestandards.NoncompliancesWhen an inspection, review, or investigation of a client byCCOF CS reveals that a client is not in compliance with thestandards, CCOF CS will issue a written Notice ofNoncompliance. The Notice of Noncompliance will include:A) A description of each Noncompliance;B) The facts upon which the Notice of Noncompliance isbased; andC) The date by which the client must rebut or correcteach Noncompliance when correction is possible.Noncompliances may be issued for administrative issues,such as failure to pay invoices, failure to return theContinuation of Certification Contract, etc. Noncomplianceswill be issued for activities that are a threat to the organicintegrity of the organic product. All Noncompliances must beresolved and closed before an applicant will be grantedcertification or a client will be notified of continuingcertification. Noncompliances that are not adequatelyresolved will result in additional adverse action.Resolution of NoncomplianceA client who has been issued a Notice of Noncompliance mayresolve the Noncompliance by:A) Correcting the Noncompliance(s) as described in theNotice of Noncompliance. CCOF CS must be providedwith a description of the corrective actions takenand supporting documentation to demonstrate theeffectiveness of the corrective actions.B) Rebutting the Noncompliance(s) by submitting awritten rebuttal to CCOF CS.CCOF CS will review the information submitted documentingthe correction or rebuttal of the Noncompliance(s) todetermine if the information submitted is sufficient toresolve the issues. If necessary, CCOF CS will conduct an onsiteinspection to verify corrective actions or informationprovided in the rebuttal.If CCOF CS verifies that the correction or rebuttal is sufficientto resolve the Noncompliance(s), CCOF CS will notify theclient that the Noncompliance(s) has been resolved and thatthe operation continues certification.If CCOF CS determines that the correction or rebuttal is onlypartial or incomplete, CCOF CS will notify the operation ofthe Noncompliance issues that remain open and the date bywhich they must be addressed.If the corrective actions or rebuttal is not sufficient to resolvethe Noncompliance(s), or the client fails to respond to theNotice of Noncompliance, CCOF CS will escalate the adverseaction by either denying certification to a new applicant orproposing suspension or revocation of existing certification.An operation that has been issued a Noncompliance by CCOFCS may surrender their certification, correct theNoncompliance(s), and submit a new application to CCOF CSor another certification agency, provided that the newapplication includes a complete application, the Notice ofNoncompliance, and a description of the corrective actionstaken with supporting documentation.Denial of Certification (New Applicants)When a new applicant for certification has been issued aNotice of Noncompliance and the corrective action orrebuttal is not sufficient for the applicant to qualify forcertification, CCOF CS will provide a written Notice of Denialof Certification. If correction of a Noncompliance is notpossible, the Notice of Noncompliance and the Notice ofDenial of Certification will be combined into one notice.The Notice of Denial of Certification will state the reason(s)for denial and the applicant’s right to:A) Reapply for certification;B) Request mediation;C) File an appeal.Proposed Suspension and Proposed Revocation (Clients)When client is issued a Notice of Noncompliance andcorrection or rebuttal is unsuccessful or not completed bythe specified due date, CCOF CS will send the client a writtenNotice of Proposed Suspension or Notice of ProposedRevocation. The Proposed Suspension or Revocation may beof the entire operation or of a portion of the operation.When correction of a Noncompliance is not possible, aNotice of Noncompliance and Notice of Proposed Suspensionor Notice of Proposed Revocation may be combined in onenotification. The Notice of Proposed Suspension or Notice ofProposed Revocation will state:A) The reasons for the proposed suspension orrevocation;B) The proposed effective date of such suspension orrevocation;C) The impact of a suspension or revocation on futureeligibility for certification;D) The right to request mediation;CCOF Certification Services Program Manual Page 20 of 27
E) The right to file an appeal.Suspension and Revocation (Clients)If a client has been issued a Notice of Proposed Suspensionor Proposed Revocation and the client fails to resolve theissue through correction, rebuttal, filing of an appeal, orrequesting mediation, CCOF CS will send the client a writtenNotice of Suspension or Notice of Revocation.If a client properly requests mediation or files an appeal,CCOF CS will not issue a Notice of Suspension or Notice ofRevocation while final resolution of the appeal or mediationis pending.A client whose USDA NOP certification has been suspendedunder this section may submit a request to the USDASecretary for reinstatement of its certification. The requestmust be accompanied by evidence demonstrating correctionof each Noncompliance and Corrective Actions taken tocomply with and remain in compliance with the organicregulations and standards. The Secretary will require thatCCOF CS provide a letter of support of the reinstatementrequest, which can only be done after CCOF CS performs aninspection and review of the operation to ensure that theclient is compliant and capable of ongoing compliance. If theUSDA provides a decision to reinstate the client, then CCOFCS will reinstate certification. Clients wishing to requestreinstatement should contact CCOF CS to requestinformation about the reinstatement process and pay anyapplicable review and processing fees.A client or a person responsibly connected with an operationwhose USDA NOP certification has been revoked will beineligible to receive certification for a period of five yearsfollowing the date of such revocation, except, that, the USDASecretary may reduce or eliminate the period of ineligibility.CancellationOperations in Canada certified to the Canadian OrganicRegime will have their certification cancelled by CCOF CSrather than suspended or revoked.Willful ViolationsIf CCOF CS has reason to believe that a client has willfullyviolated any standards, CCOF CS will take the appropriateadverse action. This may include issuing a Notice of ProposedSuspension or Notice of Proposed Revocation or a combinedNotice of Noncompliance and Proposed Suspension orRevocation/ Denial.If CCOF CS suspects an operation is engaged in fraudulent orillegal activity, CCOF CS is obligated to notify the CaliforniaState Organic Program for operations located or productssold in California. The CDFA has the ability to levy fines andprosecute cases under the California Organic Foods Act andother state regulations. CCOF CS will notify the USDAAdministrator of all willful violations under that standard, towhich the following applies:MEDIATIONFalse Labeling and Misrepresentation of OrganicStatusAny operation that knowingly sells or labels aproduct as organic in the United States, except inaccordance with the organic regulations, shall besubject to a civil penalty of not more than $11,000per violation. In addition to the above penalty, CCOFCS is entitled to attorney’s fees and costs incurred inbringing any civil action, arbitration or mediation toenforce any false labeling from certified ornoncertified parties incurred using the CCOF name ormarks.False Statement(s)Any operation that makes a false statement to theUSDA NOP Secretary or a State Organic Program'sGoverning State Official shall be subject to theprovisions of section 1001 of title 18, United StatesCode.An operation may request mediation concerning a Notice ofDenial of Certification, Notice of Proposed Suspension orNotice of Proposed Revocation directly to CCOF CS in writing.CCOF CS may accept or deny the request for mediation andwill communicate the decision to accept or deny in writing. Ifthe request for mediation is denied, CCOF CS will notify theoperation of the right to request an appeal within 30 days ofthe date of the written notification of rejection of therequest for mediation.If the request for mediation is accepted by CCOF CS, suchmediation may be conducted by the appropriate stateorganic agency or other qualified mediator mutually agreedupon by the parties to the mediation. In the state ofCalifornia, mediations may be handled by the CDFA StateOrganic Program Administrator, and in accordance toprocedures established by the CDFA State Organic Program.The parties to the mediation shall have no more than 30days to reach an agreement following a mediation session. Ifmediation is unsuccessful, the operation has 30 days fromtermination of mediation to appeal the CCOF CS decision.Any agreement reached during or as a result of theCCOF Certification Services Program Manual Page 21 of 27
Page 5 and 6: SECTION TWO: THE CERTIFICATION PROC
Page 7 and 8: • The inspector reviews the opera
Page 9 and 10: fee for each Notice of Noncomplianc
Page 11 and 12: If an operation wants to add new ac
Page 13 and 14: FEES THAT APPLY TO ALL CLIENTSAppli
Page 15 and 16: “organic” may be exempt from fe
Page 17 and 18: described in Section Two for an add
Page 19: depends on the consumers’ confide
Page 23 and 24: comply with the regulations set for
Page 25 and 26: certification agency. All costs ass
Page 27: presented to the public or buyers o

CCOF Certification Program Manual- DISINTEGRATED

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