DECISION
The appeal is denied and QCS’ combined Notice of Noncompliance and Proposed Partial
Suspension is upheld. Bonnie Blue Ranch and Grove’s organic certification is partially
suspended for forty-nine (49) rows, 9.92 acres, of its blueberry block for three (3) years from the
date of substance application.
Attached to this formal Administrator’s Decision denying Bonnie Blue Ranch and
Grove’s appeal is a Request for Hearing form. Bonnie Blue Ranch and Grove has thirty (30)

days to request an administrative hearing before an Administrative Law Judge.

Done at Washington, D.C., on this 4?
day of. PkeEMMP RL 2015,

jae A Benn
Rex A. Barnes
Associate Administrator



Bonnie Blue’s appeal also requests that the three year suspension proposed be reduced to
one year, based on §205.204(a)(4) in the USDA organic regulations, Seeds and planting stock,
which allows crop from non-organic planting stock to be sold as organic after one year of
organic management. Bonnie Blue states the prohibited substance that was added to the
blueberry plants in the ground is a typical fertilizer used in nursery planting stock. Bonnie Blue
contends it should be able to organically manage the affected rows of blueberry plants for one
year only, rather than a three year suspension.

In Bonnie Blue’s case, the fertilizer with prohibited substances was found to be applied to
organic blueberry plants in the ground; therefore, the land itself was treated with a prohibited
substance. Because of this, the rule allowance of organic management of non-organic planting
stock for one year before sale as “organic” does not apply.

The USDA organic regulations are clear regarding the use of prohibited substances on
crop land. Any use of prohibited substance, regardless of the reason, source, or 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.”

CON CLUSION
Though Bonnie Blue submitted documentation to support its appeal, the noncompliance
leading to the combined Notice of Noncompliance and Proposed Partial Suspension remains
unresolved. As a result of applying a fertilizer product that contains substances prohibited for use
in organic crop production, forty-nine (49) rows of its blueberry crop, 9.92 acres, is not yet in
full compliance with §205.105, Allowed and prohibited substances..., and, therefore,

§205.202(b), Land requirements,



UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL MARKETING SERVICE

BEFORE THE ADMINISTRATOR
In re: ) Administrator’s Decision
Bonnie Blue Ranch and Grove ) APL-001-16

This Decision is in response to an appeal (APL-001-16) of a combined Notice of
Noncompliance and Proposed Pattial Suspension issued to a certified crop operation, Bonnie
Blue Ranch and Grove (Bonnie Blue), by its U.S. Department of Agriculture (USDA) accredited
certifying agent Quality Certification Services (QCS). The operation was deemed not in
compliance with the Organic Foods Production Act of 1990 (Act)' and the USDA organic

regulations.”

BACKGROUND
The Act authorizes the Secretary to accredit agents to certify 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 procedures are
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 Agriculture (USDA),

17 U.S.C. 6501-6522
27 CER. Part 205



pursuant to §205.680, Adverse Action Appeals Process — General, and §205.681, Appeals, of the
USDA organic regulations.
FINDINGS OF FACT

1, QCS is an accredited certifying agent under the USDA organic regulations, first
accredited on April 29, 2002.

2. On September 23, 2015, QCS issued Bonnie Blue a combined Notice of Noncompliance
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 forty-nine (49) out of 6D) (4) Te of its organic blueberry crop.
QCS calculated the area of the forty-nine (49) rows to be 9.92 acres.

3. On October 22, 2015, AMS received an appeal from Bonnie Blue, which was accepted as

timely.

DISCUSSION

QCS has issued a combined Notice of Noncompliance and Proposed Partial Suspension
to Bonnie Blue for forty-nine (49) rows, or 9.92 acres, of its organic blueberry block, due to an
application of a fertilizer product to blueberry plants in the ground; the product contains
substances prohibited for use in organic crop production. The prohibited substance application
was identified at Bonnie Blue’s annual on-site inspection. ‘The effect of a suspension for this
action 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 a fertilizer that contains substances prohibited
for use in organic crop production was applied to forty-nine (49) rows of its organic blueberry
plant crop. Bonnie Blue was unaware the fertilizer had been applied until it was discovered at its
on-site inspection. Based on the product applied, the last date of application for that product on
its farm, and eo) (4) Blue concluded that the product
must have been mistakenly applied by an employee no longer working at the farm. Bonnic Blue
further concluded this was an error because the fertilizer with prohibited substances is used only
for nursery plants, not in-ground. Bonnie Blue offered to remove the fertilizer from the in-
ground plants, but was informed by QCS that correction of the noncompliance was not possible
because the fertilizer had already been applied to the land.

Bonnie Blue argues that the acreage for the affected portion of its organic blueberry crop
is not 9.92 acres, as QCS cited in its combined Notice of Noncompliance and Proposed Partial
Suspension. Rather, Bonnie Blue contends the size of the affected portion is 6.8 acres, based on
satellite photo data.

Tn an email to the National Organic Program, QCS explained how it calculated the
acreage of forty-nine (49) rows of blueberry plants: “The acreage that the prohibited substance
was applicd to was [sic] determined by the conditions that 49 contaminated rows werefvide
and ong. Our Certification Coordinator multiplied 49 [rows] by row width] to obtain

| [total width]. Bota width] was multiplied vy: row length] to obtain a sq.
ft. [total area} SE sa. ft. [total area] divided py oumber of sq. ft. in an acre] results
in 9.92 acres.” QCS stated that the area of individual rows, EEE, was confirmed by the
inspector. AMS concurs that the 9.92 acreage indicated in QCS’ combined Notice of

Noncompliance and Proposed Partial Suspension is appropriate.