United States Department of Agriculture 1400 Independence Avenue SW NOP 2605

Agricultural Marketing Service Room 2648-South Building Effective Date: March 20, 2024

National Organic Program Washington, DC 20250 Page 1 of 8

NOP 2605 Reinstating Suspended Organic Operations Rev11 Authorized Distribution: Public

Instruction

Reinstating Suspended Operations

1. Purpose and Scope

This instruction provides procedures for USDA-accredited certifying agents (certifiers) and 

suspended operations to request certification reinstatement. It also provides procedures and 

decision-making criteria for National Organic Program (NOP) officials when considering 

requests for reinstatement. These procedures apply to all certifiers as well as organic operations 

that are subject to the USDA organic regulations at 7 CFR Part 205.

2. Background 

7 CFR 205.662(f) describes how an operation or a person responsibly connected with an 

operation that has been suspended may request reinstatement of its certification. The NOP 

reviews such requests, and then approves or denies them, based on evidence that an operation 

has corrected all previously cited noncompliances and otherwise fully complies with the 

regulations.

3. Policy and Procedure

Once an operation’s certification has been suspended, only the NOP has the authority to approve 

its reinstatement. Certifiers may not approve or deny certification of a suspended operation 

without the NOP’s written approval. Suspended operations must complete a new application for 

certification with a certifier before requesting reinstatement in order to demonstrate compliance 

with the regulations. 

The suspended operation can request reinstatement of its organic certification either directly to 

the NOP, which acts on behalf of the Secretary of Agriculture, or to its certifier, who will 

forward the request to the NOP. To request reinstatement, a suspended operation must submit a 

written request for reinstatement as described in 7 CFR 205.662(f), and explained in section 3.3 

below. The reinstatement request must include evidence showing that all of the operation’s 

noncompliances have been corrected, and should include copies of the original Notices of 

Noncompliance, Proposed Suspension, and Suspension, as well as a copy of the full onsite 

inspection report of the operation, conducted within the three months preceding the reinstatement 

request. These steps are outlined further below.

If the operation submits the reinstatement request to the certifier, the certifier will send the 

request to the NOP along with evidence from the certification process. When forwarding a 

request for reinstatement, the certifier’s cover letter to the NOP must state whether the onsite 

inspection and review showed that the operation had corrected all previously cited 

noncompliances and was otherwise in full compliance with the regulations. If the operation’s 

reinstatement request includes documented evidence of full compliance, then the NOP will 
United States Department of Agriculture 1400 Independence Avenue SW NOP 2605

Agricultural Marketing Service Room 2648-South Building Effective Date: March 20, 2024

National Organic Program Washington, DC 20250 Page 2 of 8

NOP 2605 Reinstating Suspended Organic Operations Rev11 Authorized Distribution: Public

approve reinstatement. If not, then the NOP will deny the reinstatement request, and the 

suspension will remain in effect.

If the NOP approves the reinstatement, it will notify the operation and its certifier that the 

operation’s organic certification has been reinstated. The certifier will then issue a new organic 

certificate to the operation. The effective date of certification is the date the NOP reinstates the 

operation’s organic certification.

Suspended operations may not sell, label or represent products as “100% organic,” “organic,” or 

“made with organic (specified ingredients or food group(s)).” Agricultural products that are 

produced and/or handled prior to reinstatement may not be sold, labeled, or represented as 

“100% organic,” “organic,” or “made with organic (specified ingredients or food group(s)).”

This includes:

• crops harvested prior to reinstatement;

• stored crops from previous harvests;

• milk or eggs produced prior to reinstatement;

• animals slaughtered prior to reinstatement;

• products processed prior to reinstatement; and

• products packaged or labeled prior to reinstatement.

Any crops harvested, livestock products produced (e.g., eggs, milk, meat, fiber), and products 

processed or packaged after reinstatement may be sold, labeled, or represented as “100% 

organic,” “organic,” or “made with organic (specified ingredients or food group(s))” as stated on 

the organic certificate issued to the operation.

3.1. When does the NOP typically approve a reinstatement request?

As with applications for certification, a certifier must accept any reasonable request for 

reinstatement within its administrative capacity. The certifier must verify that the operation: 1) 

meets all the requirements for organic certification; and 2) is capable of remaining in compliance

with all the applicable regulatory requirements.

The NOP will typically approve a reinstatement request that includes:

1. A written request for reinstatement from the suspended operation;

2. A statement of compliance with the regulations (see Exhibit B) from the operation’s 

certifier; and

3. Documented evidence from the operation’s certifier demonstrating compliance with all 

applicable USDA organic regulations, as described in section 3.4 below.

If the NOP approves the reinstatement, the certifier is to issue a new certificate to the operation.

3.2. When does the NOP typically deny a reinstatement request?

If the certifier’s documentation shows evidence of outstanding noncompliances, the NOP will 

deny the request for reinstatement, and the operation’s suspension will continue.
United States Department of Agriculture 1400 Independence Avenue SW NOP 2605

Agricultural Marketing Service Room 2648-South Building Effective Date: March 20, 2024

National Organic Program Washington, DC 20250 Page 3 of 8

NOP 2605 Reinstating Suspended Organic Operations Rev11 Authorized Distribution: Public

Some operations will not be able to demonstrate full compliance during the reinstatement 

process. If the certifier finds evidence that the suspended operation does not comply with the 

regulations, then it should issue a Notice of Noncompliance to the operation in accordance with 

7 CFR 205.662(a). The Notice of Noncompliance will usually give the operation 30 days to 

respond with its proposed corrective actions. If the operation fails to respond to the Notice, or it 

responds but the certifier finds its corrective actions are insufficient, then the certifier should 

describe the outstanding noncompliances in its cover letter to the NOP. This letter should 

describe why the certifier recommends denying reinstatement of certification. See part 3.4(e) 

below for detailed instructions regarding noncompliant operations. 

The certifier must forward all reinstatement requests to the NOP, even if it finds evidence that 

the operation does not comply with all of the regulations. The NOP will only approve requests 

supported by evidence from the certifier showing that the operation is in full compliance. If the 

certifier detects evidence of willful violations during the reinstatement process, it should send 

this information to the NOP Compliance and Enforcement Division for a complaint 

investigation, pursuant to NOP 4001 NOP Complaint Handling Procedure. This includes 

evidence that an operation sold product as organic while suspended. 

3.3. Steps for Requesting Reinstatement by Certified Operations 

The following steps are required for reinstatement consideration. The suspended operation must: 

a) Correct all noncompliances, including those that led to the suspension, as well as any 

outstanding noncompliances subsequently identified by the certifier. 

b) Ensure that its organic system plan (OSP) is complete, that the OSP complies with the 

regulations, and that the OSP is being implemented.

c) Contact a certifier and submit a new application for certification. If the new certifier is 

different from the certifier that issued the suspension, the operator must inform the new 

certifier of its suspended status and the reasons for the suspension. 

d) Pay all fees required by the certifier. 

e) Complete a full onsite inspection, during which the inspector will review all relevant 

aspects of the operation. The inspection is to be conducted pursuant to

7 CFR 205.403(a)(1). 

f) Prepare a letter addressed to the Secretary of Agriculture, care of the NOP, requesting 

certification reinstatement. See Exhibit A for a sample letter showing the information to 

be included. Send the letter either to the certifier, or directly to the NOP at 

AIAInBox@ams.usda.gov or at this address: 

USDA, AMS, National Organic Program 

c/o NOP Accreditation Division

1400 Independence Avenue, SW 

Room 2648, Stop 0268 

Washington, DC 20250 

 Shipping services that require a telephone number may use (202) 720-3252. 

g) Retain all documents related to the request for reinstatement for future audit by the 

certifier and the NOP.
United States Department of Agriculture 1400 Independence Avenue SW NOP 2605

Agricultural Marketing Service Room 2648-South Building Effective Date: March 20, 2024

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3.4. Steps for Evaluating Reinstatement Applications for Certifiers

Upon receipt of an operation’s request for reinstatement, the certifier will:

a) Conduct a compliance review of the certification application, including the OSP, to

ensure that all provisions of the regulations are met.

b) Notify the operation of any noncompliances according to 7 CFR 205.662(a). (Any

noncompliances discovered after suspension as well as any remaining noncompliances 

that led to the operation’s suspension must be addressed.)

c) Schedule a full onsite inspection to verify the operation’s compliance with the 

regulations, provided that the OSP is deemed to comply. The inspection must include 

verification of whether (1) products were sold, labeled, or represented as organic during 

the suspension period, and (2) there is a system in place that will prevent comingling of 

noncompliant product produced or inventoried during the suspension period. Onsite 

inspections should occur within the 3-month period prior to the NOP receiving the 

reinstatement request. Deviations from this procedure are to be justified and approved by 

the NOP.

d) If the certifier finds evidence of a noncompliance during the application review or 

inspection process, then it should issue a Notice of Noncompliance to the operation. 

In order to be reinstated, the operation applying for reinstatement must demonstrate 

resolution of all noncompliances, including those that led to the suspension and any 

additional noncompliances identified during the reinstatement review and inspection.

e) Prepare a signed letter to the Secretary of Agriculture, care of the NOP. There are two 

types of letters: one if the operation requesting reinstatement has met all the requirements 

of the regulations; the other if it has not. 

If the certifier verifies that the operation is in full compliance, then the letter should 

affirmatively state that:

• The certifier has conducted an NOP compliance review of the operation’s OSP; 

• The review found that the OSP adequately addressed the noncompliance(s) that led to 

the suspension, and complies with the regulations; and 

• The certifier conducted an onsite inspection of the operation and found the operation 

to fully comply and/or be capable of remaining in compliance with the regulations. If 

the certifier issued a Notice of Noncompliance to the operation as a result of the 

onsite inspection, and the operation submitted sufficient corrective actions, then the 

certifier should state this as well. 

See Exhibit B for a sample letter showing the information to be included. 

If the certifier did not find the operation to be able to come into full compliance with the 

regulations during the application process, then the letter should state that:

• The certifier has conducted an NOP compliance review of the operation’s OSP; 

• The review found evidence of outstanding noncompliance(s) that led to the 

suspension, or new noncompliance(s) that prevent certification; 

• The certifier conducted an onsite inspection of the operation and found the operation 

unable to comply and/or not capable of remaining in compliance with the regulations. 
United States Department of Agriculture 1400 Independence Avenue SW NOP 2605

Agricultural Marketing Service Room 2648-South Building Effective Date: March 20, 2024

National Organic Program Washington, DC 20250 Page 5 of 8

NOP 2605 Reinstating Suspended Organic Operations Rev11 Authorized Distribution: Public

If the certifier issued a Notice of Noncompliance to the operation as a result of the 

onsite inspection, and the operation submitted insufficient corrective actions, then the 

certifier should state this as well.

Certifiers are not to issue Denials of Certification to suspended operations requesting 

reinstatement. Only the NOP has the authority to make reinstatement decisions.

f) Submit the letter (along with the operation’s request for reinstatement), as well as the

following:

• Initial Notice of Noncompliance, Notice of Proposed Suspension, Notice of 

Suspension;

• Copy of the inspection report, including the results of verification of whether (1) 

products were sold, labeled, or represented as organic during the suspension period,

and (2) there is a system in place that will prevent comingling of noncompliant 

product produced or inventoried during the suspension period; and

• Notice(s) of Noncompliance issued as result of the onsite inspection and documented 

objective evidence to demonstrate that the operation has corrected the 

noncompliance(s).

g) Retain all documents related to the request for reinstatement for future NOP audits.

3.5. Steps for Evaluating Reinstatement Requests for the NOP

Once the NOP receives a reinstatement request, it should complete the following steps within 

approximately 30 days, although reinstatement requests with evidence of noncompliance may 

take longer:

a) Review the request for reinstatement along with the supporting documentation and 

contact the certifier if questions remain regarding the request. If the operation was 

suspended for a specific period of time, then the NOP may deny the request for 

reinstatement without further review until the suspension period has ended. If the 

certifier recommends reinstatement before completion of the suspension period, the 

certifier should explain to the NOP the rationale for doing so.

b) Approve the request if:

• All required documents have been submitted;

• The documentation clearly demonstrates the operation has corrected previously 

cited noncompliances, is in compliance with the regulations and is capable of 

remaining in compliance; and

• The review of the documentation does not find that the operation has an ongoing 

history of noncompliance indicating an inability or unwillingness to remain in 

compliance.

c) If the request is approved, the NOP will remove the operation from the public list of 

suspended operations. The NOP will issue a letter to the operation, with a copy to the 

certifier, stating that the NOP reinstates the organic certification of the operation, and all

documents related to the reinstatement must be retained for future audit by the NOP.

d) If the request is denied, the NOP will issue a letter to the operation, with a copy to the 

certifier, stating the reasons for denying reinstatement.
United States Department of Agriculture 1400 Independence Avenue SW NOP 2605

Agricultural Marketing Service Room 2648-South Building Effective Date: March 20, 2024

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NOP 2605 Reinstating Suspended Organic Operations Rev11 Authorized Distribution: Public

e) Review all documentation related to the reinstatement at the certifier’s next onsite audit. 

4. References 

USDA Organic Regulations (7 CFR Part 205) 

7 CFR 205.403 On-site inspections. 

7 CFR 205.662 Noncompliance procedure for certified operations. 

Original Issue Date: June 2, 2005 
United States Department of Agriculture 1400 Independence Avenue SW NOP 2605

Agricultural Marketing Service Room 2648-South Building Effective Date: March 20, 2024

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NOP 2605 Reinstating Suspended Organic Operations Rev11 Authorized Distribution: Public

Exhibit A: Sample Letter from Suspended Operation Requesting Reinstatement

[Date]

Secretary of Agriculture

c/o USDA, AMS, National Organic Program 

1400 Independence Avenue SW 

Room 2648, Stop 0268 

Washington, DC 20250 

Dear Secretary Vilsack: 

We formally request reinstatement of organic certification of our [organic farm or handling 

facility] pursuant to § 205.662(f)(1) of the USDA organic regulations. 

On [date of suspension], [name of certifier] suspended our certification for [briefly state 

reason(s) for suspension]. Those noncompliances have been corrected, and on [date of 

inspection], [name of current or new certifier] conducted a full onsite inspection to verify our 

compliance with the regulations. 

We have asked [name of certifier] to provide you with the necessary supporting documentation. 

We would appreciate your prompt consideration of this request for reinstatement.

Sincerely,

/Signature/ 

[Name of person responsible for program]

[Title]

[Name of company, if any] 
United States Department of Agriculture 1400 Independence Avenue SW NOP 2605

Agricultural Marketing Service Room 2648-South Building Effective Date: March 20, 2024

National Organic Program Washington, DC 20250 Page 8 of 8

NOP 2605 Reinstating Suspended Organic Operations Rev11 Authorized Distribution: Public

Exhibit B: Sample Letter from Certifier 

Requesting Reinstatement of Suspended Operation

[Date]

Secretary of Agriculture

c/o USDA, AMS, National Organic Program 

1400 Independence Avenue SW 

Room 2648, Stop 0268 

Washington, DC 20250 

Dear Secretary Vilsack: 

This letter provides the necessary statements of compliance to support a reinstatement request 

from [name of organic operation] to reinstate its USDA organic certification pursuant to 

§ 205.662(f)(1) of the USDA organic regulations. Enclosed is a letter from our client requesting 

reinstatement.

On [date of suspension], [name of certifier] suspended [name of operation] for [briefly state 

reason(s) for suspension]. Since that time, [name of operation] has corrected the noncompliances 

identified in the notice of suspension and has requested reinstatement. In order to verify our 

[client’s or applicant’s] eligibility for certification, we have:

1. Reviewed the [client’s or applicant’s] proposed corrective actions and found that all 

identified noncompliances have been fully addressed;

2. Conducted a complete review of their organic system plan (OSP) and found it to be in 

compliance with the regulations; and

3. Conducted a full onsite inspection of the operation on [date of inspection] and determined 

that [name of operation] has fully implemented their OSP and is capable of remaining in 

compliance with the regulations.

If you have questions or other concerns regarding their eligibility for reinstatement, please 

contact [name of certifier contact] at [phone number] or by email at [email address].

Sincerely,

/Signature/ 

[Name of certifier representative]

[Title]

[Name of certifier] 

Enclosure