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UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

BEFORE THE ADMINISTRATOR 

Inre: 

Richard Larid1igan, 

Bonnie Blue Ranch and Grove, 

Brandon, Florida 

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Administrator's Decision 

APL-018-17 

This Decision responds to an appeal (APL-018-17) of a combined Notice of 

Noncompliance and Proposed Paitial Suspension of National Organic Program certification 

issued to Richard Landrigan, Bo1lllie Blue Ranch, LLC, doing business as Bo1lllie Blue Ranch 

and Grove of Brandon, Flo1ida, by Quality Certification Services (QCS). The operation was 

deemed not in compliance with the Organic Foods Production Act of 1990 (Act) 1 and. the USDA 

organic regulations.2 

BACKGROUND 

The Act authorizes the Secretary to accredit agents to ce1tify crop, livestock, wild crop, 

and/or handling operations to the USDA organic regulations (7 CFR Part 205). Certifying agents 

also initiate compliance actions to enforce program requirements. Noncompliance prncedures ai·e 

described in §205.662, Noncompliance procedure for certified operations,. of the USDA organic 

regulations. Persons subject to the Act who believe that they are adversely affected by a 

noncompliance decision of a certifying agent may appeal such decision to the Administrator of 

the Agricultural Marketing Service (AMS), United States Department of Agricultme (USDA), 

'7 u.s.c. 6501-6522 2 7 C.F .R. Part 205 

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pursuant to §205.680, Adverse Action Appeals Process -General, and §205.681, Appeals, of the 

USDA organic regulations. 

li1NDINGS OF FACT 

1. QCS is an accredited certifying agent under the USDA organic regulations, first 

accredited on April 29, 2002. Richard Landrigan is the operator of Bonnie Blue Ranch, 

LLC, dba Bonnie Blue Ranch and Grove (Bonnie Blue) of Brandon, FL, which is 

certified under the USDA organic regulations for crop production. The physical location 

of the crop production operation is Wimauma, FL. 

2. On September 23, 2015, QCS issued Bonnie Blue a combined Notice ofNoncompliance 

and Proposed Partial Suspension for a portion of its operation, because QCS identified 

that a fertilizer containing substances prohibited for use in organic crop production had 

been applied to a portion of its organic blueberry crop. 

3. On December 3, 2015, the Administrator rendered a Decision denying the appeal filed by 

Bonnie Blue. Bonnie Blue subsequently requested a Heating before an Administrative 

Law Judge; this proceeding is pending. 

4. On Febrnaiy 22, 2016, QCS issued Bonnie Blue a combined Notice of Noncompliance 

and Proposed Partial Suspension for a portion of its operation including peach and citrus 

crops due to the application of a fe1tilizer that contained a prohibited substance. Bonnie 

Blue subsequently appealed this Notice. 

5. On September 8, 2016, the.Administrator rendered a Decision denying the appeal filed by 

Bonnie Blue, due to the application of a prohibited substance. Bonnie Blue subsequently 

requested a Heai'ing before an Administrative Law Judge; this proceeding is pending. 

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6. On March 9, 2016, Crop Prodl\ction Services, Mulberry, FL, delivered 

lfertilizer to Bonnie Blue. This fertilizer was included on the organic system plan which 

QCS had approved. 

7. Between March 14, 2016 and March 28, 2016, this fertilizer was applied to nearly all of 

the organic peach and organic blueberry fields at Bonnie Blue. According to Bo1mie 

Blue, after the rainsto1ms washed away the upper layer of chicken manure, the operator 

observed the presence of a granular fertilizer. 

8. On April 4, 2016, Bonnie Blue submitted samples of the unidentified fertilizer to a testing 

laboratory. The results, reported on April 21, 2016, showed the presence of urea in the 

samples. Urea nitrogen was not included in the guaranteed analysis for th~ 

-fertilizer. 

9. Following the laboratory findings, Bonnie Blue initiated its own investigation and selfreported the incident to QCS via a letter dated December 2, 2016. The letter explains that 

Bonnie Blue understood that Crop Production Services would apply "organic" chicken 

manure and discovered after the application that the manure mistakenly contained a 

commercial fertilizer mix. The letter stated that the contaminated chicken manure was 

applied to all but 10 rows of organic peaches which had not been transplanted and 67 out 

of 70 rows of organic blueben'ies. 

10. On January 23, 2017, QCS issued a Notice of Noncompliance to Bonnie Blue. This 

notice stated that Bonnie Blue was not in compliance with § 205.400(f), because it did 

not inmtediately notify the certifying agent of the application of a prohibited substance. 

QCS stated that it was not notified that Bonnie Blue was aware of an application of a 

prohibited substance to its fields until eight (8) months later. 

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an ingredient in the fertilizer that Bonnie Blue had purchased. The record shows that the 

compliant fe1tilizer was mistakenly contaminated in the delivery trnck and that the contamination 

was not known until after the fettilizer was applied. 

The effect of a suspension for this incident means that no products from the suspended 

portion of the operation can be sold, labeled, or represented as organic. The suspended fields will 

be eligible for certification three (3) years after the date of prohibited substance application. 

In its appeal, Bonnie Blue does not deny that a prohibited substance was applied to a 

portion of its peach and bluebeny fields, but claims the contamination was accidental and 

beyond its control. Bonnie Blue does not explain why it did not innnediatel:v notify QCS that a 

prohibited substance was applied to its fields, but waited nearly eight months after confoming 

the application to do so. The USDA organic regulations in section 205 .202(b ), are clear 

regarding the use of prohibited substances on land from which harvested crops are intended to be 

sold, labeled or represented as organic. Any use of prohibited substance, regardless of the reason, 

source, 01· hardship endured, declassifies land of its "organic" status and requires a transition 

· period for three years preceding the harvest of a crop intending to be sold, labeled, or represented 

as "organic." Section 205 .105 of the USDA organic regulations requires that organic products 

must be produced and handled without the use of prolubited substances. In addition, section 

205.400(f)(l) of the USDA organic regulations requires that cetiified operations immediately 

notify the certifyiog agent of any application of a prohibited substance. The fact that the 

application of a prohibited substance is accidental does not relieve the certified operation of the 

obligation to immediately rep01t this to the cmtifying agent. 

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CONCLUSION 

.As a result of the application of a prohibited substance, a pottion of the Bonnie Blue 

operation, -acres of organic bluebeny fields and.acres of its organic peach fields, are not 

in full compliance with: §205.105, Allowed and prohibited substances, methods, and ingredients 

in organic production and handling; §205.202, Land requirements; and § 205.400, General 

requirements fol" certification. 

DECISION 

The appeal is denied and QCS' Notice of Noncompliance and Proposed Partial 

Suspension is upheld. The otganic certification for a portion of the Bonnie Blue operation, -

acres of its organic blueberry fields and .acres of its organic peach fields, is suspended for 

three (3) years from the date of substance application. Since the application of the contaminated 

furtilizer reportedly occUl1'ed between March 14, 2016 and March 28, 2016, the affected land 

. would be eligible for certification on March 28, 2019. 

Attached to this formal Administrator's Decision denying Bonnie Blue's appeal is a 

Request for Bearing foim. Bonnie Blue has thirty (30) days to request an administrative hearing 

before an Administrative Law Judge. 

If Bonnie Blue waives the hearing, the Agricultural Marketing Service will direct QCS to 

issue a Notice of Suspension. After the 3-year suspension period, the ·operation may, " ... submit 

a request to the Secretary for reinstatement of its certification. The request must be accompanied 

by evidence demonstrating co1rnction of each noncompliance and conective actions taken to 

comply with and remain in compliance with the Act and the regulations in this part." 

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Done at Washington, D.C., on this6\6'*' 

day of ApiLl l , 2017. -

Bruce 

~JZ Summers 

Acting Administrator