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Notes

7 C.F.R. §§ 205.503–205.505

3 sections in range

§205.503. Applicant information.

7 C.F.R. § 205.503

A private or governmental entity seeking accreditation as a certifying agent must submit the following information:
(a)
The business name, primary office location, mailing address, name of the person(s) responsible for the certifying agent's day-to-day operations, contact numbers (telephone, facsimile, and Internet address) of the applicant, and, for an applicant who is a private person, the entity's taxpayer identification number;
(b)
The name, office location, mailing address, and contact numbers (telephone, facsimile, and Internet address) for each of its organizational units, such as chapters or subsidiary offices, and the name of a contact person for each unit;
(c)
Each area of operation (crops, wild crops, livestock, or handling) for which accreditation is requested and the estimated number of each type of operation anticipated to be certified annually by the applicant along with a copy of the applicant's schedule of fees for all services to be provided under these regulations by the applicant;
(d)
The type of entity the applicant is (e.g., government agricultural office, for-profit business, not-for-profit membership association) and for:
(1)
A governmental entity, a copy of the official's authority to conduct certification activities under the Act and the regulations in this part,
(2)
A private entity, documentation showing the entity's status and organizational purpose, such as articles of incorporation and by-laws or ownership or membership provisions, and its date of establishment; and
(e)
A list of each State or foreign country in which the applicant currently certifies production and handling operations and a list of each State or foreign country in which the applicant intends to certify production or handling operations.
Notes, amendments, and revision history

Authority

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

Source

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

§205.504. Evidence of expertise and ability.

7 C.F.R. § 205.504

A private or governmental entity seeking accreditation as a certifying agent must submit the following documents and information to demonstrate its expertise in organic production or handling techniques; its ability to fully comply with and implement the organic certification program established in §§ 205.100 and 205.101, 205.201 through 205.203, 205.300 through 205.303, 205.400 through 205.406, and 205.661 through 205.663; and its ability to comply with the requirements for accreditation set forth in § 205.501:
(a)
Personnel.
(1)
A copy of the applicant's policies and procedures for training, evaluating, and supervising personnel;
(2)
The name and position description of all personnel to be used in the certification operation, including administrative staff, certification inspectors, members of any certification review and evaluation committees, contractors, and all parties responsibly connected to the certifying agent;
(3)
A description of the qualifications, including experience, training, and education in agriculture, organic production, and organic handling, for:
(i)
Each inspector to be used by the applicant and
(ii)
Each person to be designated by the applicant to review or evaluate applications for certification; and
(4)
A description of any training that the applicant has provided or intends to provide to personnel to ensure that they comply with and implement the requirements of the Act and the regulations in this part.
(b)
Administrative policies and procedures.
(1)
A copy of the procedures to be used to evaluate certification applicants, make certification decisions, and issue certification certificates;
(2)
A copy of the procedures to be used for reviewing and investigating certified operation compliance with the Act and the regulations in this part and the reporting of violations of the Act and the regulations in this part to the Administrator;
(3)
A copy of the procedures to be used for complying with the recordkeeping requirements set forth in § 205.501(a)(9);
(4)
A copy of the procedures to be used for sharing information with other certifying agents and for maintaining the confidentiality of any business-related information as set forth in § 205.501(a)(10);
(5)
A copy of the procedures to be used, including any fees to be assessed, for making the following information available to any member of the public upon request:
(i)
Certification certificates issued during the current and 3 preceding calendar years;
(ii)
A list of producers and handlers whose operations it has certified, including for each the name of the operation, type(s) of operation, products produced, and the effective date of the certification, during the current and 3 preceding calendar years;
(iii)
The results of laboratory analyses for residues of pesticides and other prohibited substances conducted during the current and 3 preceding calendar years; and
(iv)
Other business information as permitted in writing by the producer or handler; and
(6)
A copy of the procedures to be used for sampling and residue testing pursuant to § 205.670.
(7)
A copy of the criteria to identify high-risk operations and agricultural products for supply chain traceability audits; and procedures to conduct risk-based supply chain traceability audits, as required in § 205.501(a)(21); and procedures to report credible evidence of organic fraud to the Administrator.
(8)
A copy of reasonable decision criteria for acceptance of mediation, and a process for identifying personnel conducting mediation and setting up mediation.
(c)
Conflicts of interest.
(1)
A copy of procedures intended to be implemented to prevent the occurrence of conflicts of interest, as described in § 205.501(a)(11).
(2)
For all persons who review applications for certification, perform on-site inspections, review certification documents, evaluate qualifications for certification, make recommendations concerning certification, or make certification decisions and all parties responsibly connected to the certifying agent, a conflict of interest disclosure report, identifying any food- or agriculture-related business interests, including business interests of immediate family members, that cause a conflict of interest.
(d)
Current certification activities. An applicant who currently certifies production or handling operations must submit: (1) A list of all production and handling operations currently certified by the applicant;
(2)
Copies of at least 3 different inspection reports and certification evaluation documents for production or handling operations certified by the applicant during the previous year for each area of operation for which accreditation is requested; and
(3)
The results of any accreditation process of the applicant's operation by an accrediting body during the previous year for the purpose of evaluating its certification activities.
(e)
Other information. Any other information the applicant believes may assist in the Administrator's evaluation of the applicant's expertise and ability.
Notes, amendments, and revision history

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3625, 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 3625, Jan. 19, 2023]

§205.505. Statement of agreement.

7 C.F.R. § 205.505

(a)
A private or governmental entity seeking accreditation under this subpart must sign and return a statement of agreement prepared by the Administrator which affirms that, if granted accreditation as a certifying agent under this subpart, the applicant will carry out the provisions of the Act and the regulations in this part, including:
(1)
Accept the certification decisions made by another certifying agent accredited or accepted by USDA pursuant to § 205.500;
(2)
Refrain from making false or misleading claims about its accreditation status, the USDA accreditation program for certifying agents, or the nature or qualities of products labeled as organically produced;
(3)
Conduct an annual performance evaluation of all persons who review applications for certification, perform on-site inspections, review certification documents, evaluate qualifications for certification, make recommendations concerning certification, or make certification decisions and implement measures to correct any deficiencies in certification services;
(4)
Have an annual internal program review conducted of its certification activities by certifying agent staff, an outside auditor, or a consultant who has the expertise to conduct such reviews and implement measures to correct any noncompliances with the Act and the regulations in this part;
(5)
Pay and submit fees to AMS in accordance with § 205.640; and
(6)
Comply with, implement, and carry out any other terms and conditions determined by the Administrator to be necessary.
(b)
A private entity seeking accreditation as a certifying agent under this subpart must additionally agree to:
(1)
Hold the Secretary harmless for any failure on the part of the certifying agent to carry out the provisions of the Act and the regulations in this part;
(2)
Furnish reasonable security, in an amount and according to such terms as the Administrator may by regulation prescribe, for the purpose of protecting the rights of production and handling operations certified by such certifying agent under the Act and the regulations in this part; and
(3)
Transfer to the Administrator and make available to the applicable State organic program's governing State official all records or copies of records concerning the certifying agent's certification activities in the event that the certifying agent dissolves or loses its accreditation; Provided, That such transfer shall not apply to a merger, sale, or other transfer of ownership of a certifying agent.
Notes, amendments, and revision history

Authority

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

Source

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