UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

BEFORE THE ADMINISTRATOR 

) 

Inre: ) 

Amos K. Stoltzfus ) Administrator's Decision 

Healthy Harvest ) APL-040-17 

) 

This Decision responds to an appeal (APL-040-17) of a Notice ofNoncompliance and 

Proposed Suspension ofNational Organic Program certification issued to Amos K. Stoltzfus dba 

Healthy Harvest ofParkesburg, Pennsylvania by Pro-Cert Organic Systems (Pro-Cert). The 

operation has been deemed not in compliance with the Organic Foods Production Act of 1990 

(Act)1 and the U.S; Department ofAgriculture (USDA) organic regulations.2 

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 C.F.R. Part 205). Certifying 

agents also initiate compliance actions to enforce program requirements, as described in section 

205.662, Noncompliance procedure for certified operations. Persons subject to the Act who 

believe they are adversely affected by a noncompliance decision of a certifying agent may appeal 

such decision to the USDA Agricultural Marketing Service (AMS) pursuant to §205.680 

Adverse Action Appeals Process-General, and §205.681, Appeals of the USDA organic 

regulations. 

1 7 u.s.c. 6501-6524 

2 7 C.F.R. Part 205 

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FINDINGS OF FACT 

I. Pro-Cert Organic Systems Ltd. (Pro-Cert) is an accredited certifying agent under the 

USDA organic regulations. Amos Stoltzfus, dba Healthy Harvest (Healthy Harvest), of 

Parkesburg, Pennsylvania, is certified under USDA organic regulations for crops and 

handling. 

2. On May 17, 2017, Pro-Cert issued a Notice ofNoncompliance and Proposed Suspension 

to Healthy Harvest for applying a prohibited substance to land intended for organic crops. 

Healthy Harvest requested mediation after receiving the Notice. 

3. On June 28, 2017, as part ofmediation, Pro-Cert offered a Settlement Agreement to 

Healthy Harvest that would limit the suspension to the areas where 

(b) (4)

was applied. 

The agreement required Healthy Harvest to remove the land in Tunnels #1 and 2 from 

organic certification for a period for three years. 

4. On August 2, 2017, the Appellant rejected the settlement agreement. 

5. On September 14, 2017, the Appellant submitted an appeal to AMS. 

DISCUSSION 

Healthy Harvest applied a slug and snail suppressant which contains 

, in two locations (Tunnels #1 and 2) in December 

2016. AMS confirmed that is prohibited in organic production. 

(b) (4)(b) (4)

(b) (4)

Upon the Healthy Harvest's request for mediation, Pro-Cert offered a settlement 

agreement to suspend only the areas where the 

(b) (4)

was applied. This would prohibit crops 

grown in these areas from being sold as organic for three years after the application ofl 

(b) (4)

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In the appeal, Healthy Harvest admitted to the use o~in

(b) (4)

Tunnels #1 and 2 in 

December of2016. Healthy Harvest acknowledged that using the product was a mistake and that 

the supplier informed Healthy Harvest that product was approved for use in organic production. 

Healthy Harvest requested to serve a reduced suspension of organic certification oftwo years or 

less. 

CONCLUSION 

As a result ofthe application of a prohibited substance, a portion ofHealthy Harvest, 

Tunnels #I and 2, 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 for certification. The USDA organic 

regulations require that any land which is intended to produce organic crops must have had no 

prohibited substances applied to it for 3 years immediately preceding the harvest ofthe crop(§ 

205.202(b)). 

DECISION 

The appeal is denied and a partial suspension is warranted. A portion ofHealthy Harvest, 

the area comprising Tunnels #1 and 2, is to be suspended for 3 years. Since - was 

reportedly applied on an unspecified date(s) in December of 2016, the affected land would be 

eligible for organic certification on December 31, 2019. 

Attached to this formal Administrator's Decision denying Healthy Harvest's appeal is a 

Request for Hearing form. Healthy Harvest has thirty (30) days to request an administrative 

hearing. 

If Healthy Harvest waives the hearing, the Agricultural Marketing Serviclwill direct 

Pro-Cert to issue a Notice ofPartial Suspension. After the 3-year suspension period, the 

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operation may, " ... submit a request to the Secretary for reinstatement ofits certification [ ofthe 

Tunnel #1 and 2 area]. The request must be accompanied by evidence demonstrating correction · 

of each noncompliance and corrective 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 this__!_!_ 

day of ::5..,__:> ,2018. 

Bruce Summers 

Acting Administrator 

Agricultural Marketing Service 

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