---
kind: "section"
citation: "7 C.F.R. § 205.405"
title: "7"
number: "205.405"
heading: "Denial of certification."
url: "https://uscodex.org/cfr/7/205.405"
---

# §205.405. Denial of certification.

- (a) When the certifying agent has reason to believe, based on a review of the information specified in [§ 205.402](/cfr/7/205.402.md) or [§ 205.404](/cfr/7/205.404.md), that an applicant for certification is not able to comply or is not in compliance with the requirements of this part, the certifying agent must provide a written notification of noncompliance to the applicant. When correction of a noncompliance is not possible, a notification of noncompliance and a notification of denial of certification may be combined in one notification. The notification of noncompliance shall provide:
  - (1) A description of each noncompliance;
  - (2) The facts upon which the notification of noncompliance is based; and
  - (3) The date by which the applicant must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.
- (b) **Upon receipt of such notification of noncompliance, the applicant may—**
  - (1) Correct noncompliances and submit a description of the corrective actions taken with supporting documentation to the certifying agent;
  - (2) **Correct noncompliances and submit a new application to another certifying agent—** Provided, That, the applicant must include a complete application, the notification of noncompliance received from the first certifying agent, and a description of the corrective actions taken with supporting documentation; or
  - (3) Submit written information to the issuing certifying agent to rebut the noncompliance described in the notification of noncompliance.
- (c) **After issuance of a notification of noncompliance, the certifying agent must—**
  - (1) Evaluate the applicant's corrective actions taken and supporting documentation submitted or the written rebuttal, conduct an on-site inspection if necessary, and
    - (i) When the corrective action or rebuttal is sufficient for the applicant to qualify for certification, issue the applicant an approval of certification pursuant to [§ 205.404](/cfr/7/205.404.md); or
    - (ii) When the corrective action or rebuttal is not sufficient for the applicant to qualify for certification, issue the applicant a written notice of denial of certification.
  - (2) Issue a written notice of denial of certification to an applicant who fails to respond to the notification of noncompliance.
- (d) A notice of denial of certification must state the reason(s) for denial and the applicant's right to:
  - (1) Reapply for certification pursuant to §§ [205.401](/cfr/7/205.401.md) and [205.405(e)](#e);
  - (2) Request mediation pursuant to [§ 205.663](/cfr/7/205.663.md) or, if applicable, pursuant to a State organic program; or
  - (3) File an appeal of the denial of certification pursuant to [§ 205.681](/cfr/7/205.681.md) or, if applicable, pursuant to a State organic program.
- (e) An applicant for certification who has received a written notification of noncompliance or a written notice of denial of certification may apply for certification again at any time with any certifying agent, in accordance with §§ [205.401](/cfr/7/205.401.md) and [205.405(e)](#e). When such applicant submits a new application to a certifying agent other than the agent who issued the notification of noncompliance or notice of denial of certification, the applicant for certification must include a copy of the notification of noncompliance or notice of denial of certification and a description of the actions taken, with supporting documentation, to correct the noncompliances noted in the notification of noncompliance.
- (f) A certifying agent who receives a new application for certification, which includes a notification of noncompliance or a notice of denial of certification, must treat the application as a new application and begin a new application process pursuant to [§ 205.402](/cfr/7/205.402.md).
- (g) Notwithstanding [paragraph (a)](#a) of this section, if a certifying agent has reason to believe that an applicant for certification has willfully made a false statement or otherwise purposefully misrepresented the applicant's operation or its compliance with the certification requirements pursuant to this part, the certifying agent may deny certification pursuant to [paragraph (c)(1)(ii)](#c-1-ii) of this section without first issuing a notification of noncompliance.

## Notes

### Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3624, Jan. 19, 2023]

### Authority

Authority: 7 U.S.C. 6501-6524.

### Source

Source: 65 FR 80637, Dec. 21, 2000, unless otherwise noted.

### Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3624, Jan. 19, 2023]