UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

BEFORE THE ADMINISTRATOR 

) 

In re: )

 ) 

Asili Natural Oils Ltd. ) Administrator’s Decision

 ) APL-063-23 

Kigali, Rwanda ) 

) 

This Decision responds to an Appeal (APL-063-23) of a Notice of Denial of Certification 

under the National Organic Program (NOP) issued to Asili Natural Oils Ltd. (Asili) of Kigali, 

Rwanda by Control Union Certifications (CUC), 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 or about January 17, 2023, Asili applied to certifier CUC for crop certification of 513 

farms within the grower group as well as handling/processing certification. 

2. On March 31 – April 5, 2023, CUC conducted an inspection of Asili, including the four 

production units among which the 513 farms are distributed and the handling/processing facility. 

3. On May 16, 2023, CUC issued a Notice of Noncompliance to Asili citing to the finding 

of prohibited substances on crop and processed product samples. 

4. On August 16, 2023, CUC issued a Notice of Denial of Certification to Asili, stating that 

it failed to ensure that its products are free of prohibited substances. 

5. On September 14, 2023, Asili filed an Appeal. 

REGULATORY CITATIONS 

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,” 

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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 §205.272, Commingling and contact with prohibited substance 

prevention practice standard, state that, “(a) The handler of an organic handling operation must 

implement measures necessary to prevent the commingling of organic and nonorganic products 

and protect organic products from contact with prohibited substances. (b) The following are 

prohibited for use in the handling of any organically produced agricultural product or ingredient 

labeled in accordance with subpart D of this part: (1) Packaging materials, and storage 

containers, or bins that contain a synthetic fungicide preservative or fumigant; (2) The use or 

reuse of any bag or container that has been in contact with any substance in such a manner as to 

compromise the organic integrity of any organically produced product or ingredient placed in 

those containers, unless such reusable bag or container has been thoroughly cleaned and poses no 

risk of contact of the organically produced product or ingredient with the substance used.” 

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

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 ...” 

DISCUSSION 

Asili is a grower group of 513 farms/farmers, distributed over 4 production units in 

Kigali, Rwanda, which grow moringa plants, from which moringa seeds are obtained. The 

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Kayonza and Kirehe production units are comprised of 386 farms/farmers with 99.907 hectares, 

and whose harvest period is October – March. The Bugesera and Kamonyi production units are 

comprised of 127 farms/farmers with 66.219 hectares, and whose harvest period is November – 

February. Additionally, Asili maintains the Ndera handling/processing facility which processes 

moringa seeds into moringa oil year-round. Asili has both organic and conventional production 

and processing. 

CUC conducted an inspection from March 31, 2023 through April 5, 2023, covering all 

four production units, collecting moringa seed samples from each unit, and collecting a sample 

of processed moringa oil at the processing facility. The testing of the combined moringa seed 

samples from the Kayonza and Kirehe production units revealed the presence of Chlorpyrifos at 

0.011 mg/kg and Diazinon at 0.04 mg/kg on the moringa seeds, as seen on the TLR Laboratory 

report of April 17, 2023. The sampling form shows the samples were taken from OMVO 

KH0132; OMVO KH0001; and OMVO KH0031 units, which correspond to the laboratory 

report and the identification of the Kayonza and Kirehe production units in the Inspection 

Report; Non-Conformity Report; Incident Report; and Production Organic System Plan. The 

tested sample of processed moringa oil from the Ndera processing unit revealed the presence of 

Pirimiphos-methyl at 0.21 mg/kg as seen on the TLR Laboratory analysis report of April 18, 

2023, which notes the sample from Lot M031053323 and Batch 1443. The Lot and Batch 

numbers also correspond with those on the Inspection Report and other documents noted above 

as well as the Handling Organic System Plan. Chlorpyrifos, Diazinon, and Pirimiphos do not 

have an EPA (Environmental Protection Agency) tolerance level, and therefore, can’t be used in 

organic production or processing/handling. 

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Based on these findings, CUC issued a Notice of Noncompliance to Asili on May 16, 

2023; the Notice also states that it must implement measures to prevent the commingling of the 

operation’s organic and non-organic products and protect organic products from contact with 

prohibited substances. CUC subsequently issued a Notice of Denial of Certification stating that 

Asili had failed to ensure its products were free from prohibited substances, citing to the findings 

of prohibited substances on moringa seeds and processed moringa oil. 

Asili filed an Appeal on September 14, 2023, stating that after being informed of the 

findings of prohibited substances, it conducted an internal investigation of all production units, 

harvest packaging, the processing/handling facility, storage, and transportation of harvested 

moringa seeds and the processed moringa oil. Asili presented its Non-Compliance Investigation 

and Corrective Action report stating that its investigation found that some of the growers/farmers 

were using harvesting and postharvest equipment, including bags into which the harvested 

moringa seeds were placed and stored, when the equipment and bags had been used for nonorganic crops. Asili acknowledged this could cause cross contamination of organic products 

with prohibited substances. Asili stated that it had decided to sell the lot of contaminated 

moringa oil as conventional, and the remaining oil from which the affected lot was taken would 

also be used for conventional product. Asili also stated that its internal inspectors as well as the 

individual farmers/growers were receiving intensive training on organic farming and internal 

controls, submitting pictures of farmers/growers at said training. 

Asili stated that CUC didn’t consider its corrective actions; didn’t follow proper audit 

procedures, though a second audit was conducted; didn’t consider that the tested samples from 

the Bugesera and Kamonyi productions units were negative for prohibited substances; and that 

CUC didn’t inform Asili of the results of second samples of moringa seeds taken of the 

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production units in question and processed moringa oil. However, CUC acknowledged that 

testing of samples of moringa seed from the Bugesera and Kamonyi production units didn’t 

reveal any prohibited substances; and submitted the TLR Laboratory report for the combined 

sample. 

Further, CUC stated that Asili representatives visited the CUC office in Rwanda, bringing 

documentation, so that CUC could complete the mass balance and traceability exercises. 

However, contrary to Asili’s assertions, CUC didn’t conduct a second inspection or take a 

second set of samplings, the results of which Asili had alleged were withheld. CUC also 

submitted to NOP various documents from Asili, including the Internal Control Systems Manual, 

a Flow Chart, an Input Attestation, information on the Ndera processing unit, and an Internal 

Inspection Checklist. As CUC submitted these documents, it would appear that CUC had 

considered them when making the determination not to grant organic certification to Asili. 

Further, the Incident Report sent to Asili on May 9, 2023 shows other noncompliances 

beyond the finding of prohibited substances on moringa seed and moringa oil. CUC cited to post 

harvest cross contamination from conventional product, and also stated that individual 

growers/farmers had been storing harvested moringa seed at their homes, and as acknowledged 

by Asili, individual growers/farmers weren’t using the organic-specific bags provided by CUC 

for harvesting, and instead were using bags as well as equipment used for conventional product. 

CUC stated that Asili must distribute new harvest bags to the individual growers/farmers and 

ensure that moringa seed be delivered to the collection center immediately after being harvested. 

Finally, Asili’s Processing OSP states that equipment isn’t ‘purged’ prior to being used for 

organic production and processing; this also reflects a violation of the standards. 

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CONCLUSION 

Evidence substantiates that Asili has 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. §205.272, Commingling and 

contact with prohibited substance prevention practice standard; and 7 C.F.R. §205.400, General 

requirements for certification. Prohibited substances were found in sampled moringa seed from 

the Kirehe and Kayonza production units, as well as processed moringa oil. An inspection by 

CUC also revealed that some farmers/growers in the grower group were using equipment and 

bags for harvested moringa seed that had previously been used for conventional product. Some 

farmers/growers were also found to be storing harvested moringa seed in their homes. It is 

acknowledged that no prohibited substances were found on samples taken from the Bugesera and 

Kamonyi production units; and Asili has stated that it is taking corrective actions, including 

providing new bags to farmers/growers for organic moringa seed, and transporting harvested 

moringa seed immediately to the collection center. However, the cited findings constitute 

violations of the organic regulations, and show that training of growers/farmers on the organic 

regulations is needed to ensure that all growers/farmers are compliant with the regulations. 

Although Asili has taken corrective actions, the full implementation of those actions and 

compliance of all growers/farmers must be substantiated by CUC. Therefore, Asili may not be 

certified organic under NOP standards at this time. 

DECISION 

Asili’s September 14, 2023 Appeal of the August 16, 2023 Notice of Denial of 

Certification is denied. Asili is denied organic certification. However, pursuant to 7 C.F.R. 

§205.405(e), Asili may apply for certification again at any time with any certifying agent, though 

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_________________________________ 

the new application must substantiate that Asili has corrected all the cited noncompliances. This 

requires that Asili demonstrate that the moringa seeds and processed moringa oil are free of 

prohibited substances, with the certifier conducting additional sampling and testing of the 

moringa seeds and processed moringa oil. As Asili is a grower group of 513 growers/farmers, 

with 386 growers/farmers being within the Kayonza and Kirehe production units, Asili should be 

able to determine the actual source of prohibited substances beyond just pointing to two 

production units with 386 growers/farmers. 

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

a Request for Hearing form. Should it wish to further appeal this decision, Asili has thirty (30) 

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

Done at Washington, D.C., on this _____ 30th 

day of ________________, 2023. November 

Digitally signed by BRUCE BRUCE SUMMERS 

Date: 2023.11.30 21:20:27 SUMMERS -05'00' 

Bruce Summers 

Administrator 

Agricultural Marketing Service 

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