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Administrator’s Decision 

APL-021-22 

 

 

UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

BEFORE THE ADMINISTRATOR 

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In re:

 

J.A.M. Organics LLC 

Lancaster, Kentucky 

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This Decision responds to an Appeal (APL-021-22) of a Notice of Noncompliance and 

Denial of Certification under the National Organic Program (NOP) issued to J.A.M. Organics 

LLC (JAM) of Lancaster, Kentucky by the Kentucky Department of Agriculture (KDA), a 

USDA accredited certifying agent. The operation has been deemed not in compliance with the 

Organic Foods Production Act of 1990 (Act)1

 and the U.S. Department of Agriculture (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 

1

 7 U.S.C. 6501-6522 

2

 7 C.F.R. Part 205 

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

regulations. 

FINDINGS OF FACT 

1. On March 16, 2021, JAM applied for crop certification to KDA. 

2. On November 10, 2021, KDA issued a Notice of Noncompliance and Denial of Certification. 

3. On December 10, 2021, JAM filed an Appeal. 

DISCUSSION 

The USDA organic regulations at 7 C.F.R. §205.105, Allowed and prohibited substances, 

methods, and ingredients in organic production and handling, state that, “To be sold or labeled as 

“100 percent organic,” “organic,” or “made with organic (specified ingredients or food 

group(s)),” the product must be produced and handled without the use of: (a) Synthetic 

substances and ingredients, except as provided in §205.601 or §205.603; (b) Nonsynthetic 

substances prohibited in §205.602 or §205.604 ...” 

The organic regulations at §205.202, Land requirements, state that, “Any field or farm 

parcel from which harvested crops are intended to be sold, labeled, or represented as “organic,” 

must: ... (b) Have had no prohibited substances, as listed in §205.105, applied to it for a period 

of 3 years immediately preceding harvest of the crop ...” The organic regulations at §205.203, 

Soil fertility and crop nutrient management practice standard, state that, “(e) The producer must 

not use: (1) Any fertilizer or composted plant and animal material that contains a synthetic 

substance not included on the National List of synthetic substances allowed for use in organic 

crop production; (2) Sewage sludge (biosolids) as defined in 40 CFR part 503 ...” 

The organic regulations at §205.400, General requirements for certification, state that, “A 

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person seeking to receive or maintain organic certification under the regulations in this part must: 

(a) Comply with the Act and applicable organic production and handling regulations in this part; 

(b) Establish, implement, and update annually an organic production or handling system plan ... 

(f) Immediately notify the certifying agent concerning any: (1) Application, including drift, of a 

prohibited substance to any field, production unit, site, facility, livestock, or product that is part 

of an operation ...” 

JAM applied to KDA on March 16, 2021 for organic crop certification of its 3 fields 

totaling (b) (4)acres, with Field 1 growing organic garlic, and Fields 2 and 3 being identified as cover 

crops. KDA conducted an inspection of JAM on June 19, 2021, and noted that JAM had just 

cultivated (b) (4

acres of garlic, with another

(b) (4)

 of cover crop to be “cultivated as they 

grow.” KDA subsequently stated in the Inspection Report that there are (b) (4) total acres which will 

be treated as organic, for future certification. However, only the delineated Fields 1, 2, and 3 

were being considered for certification at the time of the inspection. 

On the official Crop Inputs form, which is part of JAM’s application for certification, 

JAM stated it had used “Feni’s Fertilizer 5-2-0” but didn’t identify where the input had been 

used. However, a subsequent Crop Inputs List prepared and provided by JAM reported that 

“Feni’s Fertilizer 5-2-0,” manufactured by Louisville Green, was applied on May 1, 2020 to 

Field 1; on May 15, 2020 to Field 3; and September 1, 2020 to Fields 1 and 2. KDA’s “Crop 

First Review” document, dated May 15, 2021, prior to the inspection, noted the need to, “review 

Feni’s Organic 5-2-0 Fertilizer, not found in OMRI or PCO. ” This was reiterated under the 

Additional Information Needed section. 

At the inspection itself, KDA noted under Crop Inputs section of the Inspection Report 

that JAM had applied “Feni Fertilizer 5-2-0 Louisville Green” on September 1, 2020. The 

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Inspection Report did not specifically identify the fields to which it had been applied, thereby not 

refuting JAM’s Crop Input List prepared by JAM and submitted after its application. The 

inspector also obtained a copy of the product label which reads “Feni’s Organic Fertilizer 5-2-0.” 

The inspector also obtained a receipt for the fertilizer dated May 12, 2021 and showing the 

purchase of 8 units of “Feni Blend/Louisville Green Fertilizer 50 5-2-0.” This indicates that 

JAM purchased additional units of the product after September 1, 2020, when the application 

was first documented. KDA stated in its Exit Interview that the operation needed to provide 

additional information about the fertilizer it had used. Under the Fertility Management section, 

the inspector noted “FENI’s Organic fertilizer” but didn’t state whether the input was approved 

for organic crops. 

In doing its own research on the material, KDA found that the substance is not OMRIlisted. Based on JAM’s prepared Crop Inputs List showing the input was applied to Fields 1, 2, 

and 3; a lack of information on the input; and the findings at the inspection, KDA issued a Notice 

of Noncompliance and Denial of Certification to JAM on November 10, 2021, stating it had 

“been unable to verify this product as compliant.” 

JAM stated in its December 10, 2021 Appeal that clerical errors resulted in its prepared 

Crop Inputs List incorrectly stating that Feni’s Fertilizer 5-2-0 had been applied to Fields 2 and 

3. In the appeal, JAM stated the fertilizer was only applied to Field 1 – the garlic field, but not 

the Fields with only cover crops – Fields 2 and 3 – as there was no need to use a fertilizer on 

those fields. Field 2 had winter wheat and clover, while Field 3 had soybeans, winter wheat, and 

clover. JAM submitted a revised Crop Inputs List showing the fertilizer being applied to Field 1 

on May 1, 2020; September 1, 2020; and November 9, 2021. JAM stated that, “We accept the 

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fact that we purchased USDA Certified Garlic from a producer in Washington State and used a 

noncompliant fertilizer to grow it.” 

KDA stated it doesn’t believe there was a clerical error regarding which fields are 

affected; however, also stated that it doesn’t believe that JAM knew the fertilizer wasn’t allowed. 

AMS also notes that while this “clerical error” was raised in the appeal, there was no apparent 

mention of it at the inspection itself when the inspector was verifying material use. 

As to the substance itself, KDA was unable to verify that the fertilizer was organiccompliant and found that it isn’t OMRI-listed. Both JAM’s prepared Crop Input List, submitted 

after its application, and the receipt for the Feni’s Organic Fertilizer 5-2-0 collected at the 

inspection refer to Louisville Green. Louisville Green is a Louisville, Kentucky based product 

sold as fertilizer, and is made from sewage sludge. The Louisville and Jefferson County 

Metropolitan Sewer District (MSD) website states that, “MSD produces an organic-based soil 

amendment called Louisville Green. It is created from the biosolids removed from wastewater 

as it undergoes treatment in our five Wastewater Quality Treatment Centers before we return it 

to local waterways.” The brochure for the Louisville Green products attached to their website 

specifically states, “Not approved for organic farming.” As such, the best evidence shows that 

the Louisville Green was included in the manufacturing of the Feni’s Organic Fertilizer, and that 

KDA’s determination that is not allowed in organic crop production was correct. 

The evidence substantiates that while there are some discrepancies on which acres the 

material was used, JAM used a non-compliant, unapproved input on its land. Further, the lack of 

consistency across the records raises concerns about JAM’s ability to maintain a compliant 

recordkeeping system. JAM’s Application for certification included the Crop Inputs List which 

identifies the Feni’s Organic Fertilizer 5-2-0 as an input, but doesn’t specify where it was used. 

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JAM’s Organic System Plan (OSP) noted that ‘fertilizer’ was applied to Field 1 in 2020 and 

planned for 2021; however, doesn’t identify any inputs used on Fields 2 and 3 for 2020 or 

planned for 2021. A subsequently submitted Crop Inputs List prepared by JAM, however, lists 

that Feni’s Fertilizer 5-2-0 was used on all three fields. While this may have been an error that 

was later corrected, given that the error was not raised at the inspection, and only during the 

appeal, this raises concerns about JAM’s recordkeeping practices. 

CONCLUSION 

Evidence substantiates that JAM violated the organic regulations at 7 C.F.R. §205.105, 

Allowed and prohibited substances, methods, and ingredients in organic production and 

handling; 7 C.F.R. §205.202, Land requirements; 7 C.F.R. §205.203, Soil fertility and crop 

nutrient management practice standard; and 7 C.F.R. §205.400, General requirements for 

certification. Certified organic operations are required to carefully evaluate materials, to ensure 

that any products used on fields are allowed in organic production. Further, accurate 

recordkeeping and communication with the inspector and certifier are essential for demonstrating 

compliance with the USDA organic regulations. Records are a key component of an operation’s 

organic control system. JAM did not accurately evaluate the organic status of a fertilizer used on 

its land, and acknowledged in its appeal that its records were not accurate. 

JAM may reapply for organic certification once it has improved its ability to evaluate 

materials and has implemented a compliant recordkeeping system. However, JAM applied an 

unapproved non-compliant fertilizer to at least one of its fields, making that field ineligible for 

organic certification. JAM may apply for certification of its Fields 2 and 3 pursuant to 7 C.F.R. 

§205.405(e), but given JAM’s own records to the contrary, must definitively demonstrate that no 

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y 

_______________ SUMMERS 

prohibited substances have been applied to those fields within the past 3 years for those specific 

fields to be certified. 

DECISION 

JAM’s December 10, 2021 Appeal of the November 10, 2021 Notice of Noncompliance 

and Denial of Certification is denied. JAM’s Field 1 is ineligible for organic certification until 

November 8, 2024, which is 3 years after the last application of the prohibited fertilizer. 

However, JAM may reapply for certification of its Fields 2 and 3 at any time pursuant to 7 

C.F.R. §205.405(e), but given JAM’s own records to the contrary, must definitively demonstrate 

that no prohibited substances have been applied to those fields within the past 3 years. 

Additionally, attached to this formal Administrator’s Decision denying JAM’s Appeal is 

a Request for Hearing form. JAM has thirty (30) days to request an administrative hearing 

before an Administrative Law Judge. 

Done at Washington, D.C., on this _____ 5th

Septembe r day of ________________, 2022. 

Digitally signed by BRUCE

BRUCE SUMMERS _________________ Date: 2022.09.05 19:37:16 -04'00' 

Bruce Summers 

Administrator 

Agricultural Marketing Service 

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