Even when organic producers, handlers and organic certifying agents are careful, mistakes may happen. On the flip side, sometimes a business owner fails to follow National Organic Program (NOP) policy simply because they're a rebel and they think they can get away with it. That's bad news for the entire industry and it can make all organic businesses, along with organic integrity in general, look extremely bad.
NOP Penalties for Violations
Depending on the violation, NOP imposes various strict penalties for businesses who break organic policy. For example, any operation that knowingly sells or labels a product as "organic" without following the NOP policy may have to pay a civil penalty of up to $10,000 per violation. In some cases a business may have their certification suspended or revoked and a business may becomes ineligible for recertification for up to five years.
In the case of true business mistakes, such as contamination of an organic crop or product the consequences are not as extreme. NOP understands when actual mistakes vs. blatant violations have occurred. In a case such as this, the mistake may mean you can't sell that specific crop as organic or a crop may have to be started again at the beginning of the 36-month transition period.
Who Investigates Claims?
The Compliance & Enforcement Division (C&E) is the body responsible for ensuring compliance with the Organic Foods Production Act (OFPA), and its implementing regulations at Title 7, Section 205 of the CFR. The C&E spcifically focuses on processing and investigating NOP violation allegations, while also helping to further NOP by participating in compliance and outreach activities.
The Compliance & Analysis Program (C&A) and the Audit, Review & Compliance Branch (ARC), both Agricultural Marketing Service (AMS) organizations, help with various investigations, appeals and reviews that support NOP compliance.
Should You Report Violations?
You shouldn't be afraid to submit a violation concern. Submitting a complaint doesn't mean you're against the organic industry. In fact, submitting a real violation speaks to your dedication. It means you're invested in keeping the organic industry viable and truthful.
If the business violation was obviously a mistake, the business and their organic certifying agent will have a chance to clear up the mistake. If the mistake was blatant, it's better for everyone if that business is out of the organic arena because it helps maintain organic integrity and keep organic profits where they belong - i.e. within real organic businesses.
Before Submitting a Concern
Obviously, before you submit a violation concern, you should be fairly certain that a violation has indeed occurred. Fake complaints waste everyone's time and money. Also be aware that once you do decide to submit a violation concern, you should be prepared to provide as much information as possible in the initial complaint, and you should also be ready to answer other questions if asked.
How to Submit a NOP Violation
The NOP has some simple guidelines in place for reporting organic violations and the entire process is easy to walk through. Note that anyone may file a complaint, so long as he or she believes a violation of the Organic Food Production Act or its implementing regulations has occurred or may occur.
When submitting a complaint, make sure you include as much information as possible, for example:
- Your name and contact information.
- Detailed information about the violation. NOP suggests a "Who?, What?, Where?, When?, Why?, How?" approach.
- Date and time of violation.
- Certifying agent's name.
- Name and address of the place where the violation occurred, for example, the name of a grocery store.
- Any relevant documentation, such as actual packaging or photographs of the violation.
- Product name, including brand.
- Lot numbers of product if applicable.
- Product manufacturer or distributor name.
Where to Submit a Complaint
A NOP violation complaint may be submitted by email, in writing, by phone or fax via one of the options below:
- Address: National Organic Program, NOP Compliance and Enforcement USDA, Agricultural Marketing Service 1400 Independence Ave., S.W., Mail Stop 0268 Washington, D.C. 20250
- Phone: (202) 720-3252
- Fax: (202) 205-7808
- E-Mail: NOPcompliance@ams.usda.gov
Note that some states have their own State Organic Programs. In this case you can still file a complaint with NOP as noted above or contact the state program directly, but states may use different complaint processing procedures.
What Happens Next?
The USDA reviews all complaints and if appropriate, refer specific complaints alleging violations of the NOP/SOP to the applicable SOP’s governing State official. State officials are allowed to turn over complaints to certifying agents. Complaints, once they end up with the appropriate party, will be further investigated.
As the individual who submitted the complaint, your job is done, unless you're contacted to give further information.
