UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

In re: 

Sol J. Stoltzfus, Jr. 

Certification #: 2215 

Parkesburg, PA 19365 

BEFORE THE ADMINISTRATOR 

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Administrator's Decision 

APL-002-17 

This Decision responds to an appeal (APL-002-17) of a Notice of Proposed Suspension 

of National Organic Program certification issued to Sol J. Stoltzfus, Jr., of Parkesburg, 

Pennsylvania by Ohio Ecological Food and Farm Association (OEFFA). 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 ce1iified 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. 

I 7 U.S.C. 6501-6522 2 7 C.F.R. Patt 205 

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FINDINGS OF FACT 

1. OEFFA is an accredited certifying agent under the USDA organic regulations. Sol J. 

Stoltzfus, Jr., of Parkesburg, Pennsylvania, is certified under USDA organic regulations 

for crops and livestock. 

2. On May 8, 2014, OEFFA issued Sol J. Stoltzfus, Jr., a Notice of Noncompliance 

regarding commingling (storage areas not identified/labeled) and recordkeeping issues 

(adequate organic seed search, equipment clean-out records, documentation that livestock 

bedding was not treated) found on an annual inspection performed on April 4, 2014. On 

May 20, 2014, OEFFA notified Sol J. Stoltzfus, Jr., that the noncompliances were 

resolved pending verification that the corrective practices were implemented at the next 

inspection. 

3. On June 2, 2014, following an inspection of additional land to be included in the 

producer's organic system plan, OEFFA issued an additional noncompliance to Sol J. 

Stoltzfus, Jr., for failure to comply with crop rotation practice standards on that land. 

4. On July 22, 2014, OEFFA issued Sol J. Stoltzfus, Jr. a revised organic certificate that 

covered the operation inspected on May 8, and the new land that was inspected on June 2. 

· The one noncompliance identified on June 2, was listed as resolved, pending inspector 

verification that crop rotation practices were implemented at the next inspection. 

5. On October 23, 2015, following the annual inspection performed on July 18, 2015, and 

August 30, 2015, OEFFA issued a Notice of Proposed Suspension to Sol J. Stoltzfus, Jr. 

The inspector reported that the recordkeeping noncompliance identified on May 8, 2014 

was not adequately addressed. The inspector also identified two new noncompliances 

regarding an inadequate search for organic seeds and use of a livestock supplement 

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containing prohibited substances. OEFF A issued a Proposed Settlement Agreement to 

Sol J. Stoltzfus, Jr., to mediate the issues. 

6. On November 19, 2015, Sol J. Stoltzfus, Jr., returned the signed settlement agreement 

and the items requested in it. The terms of the settlement agreement required that Sol J. 

Stoltzfus, Jr., provide a detailed plan to maintain and improve the following records: 

equipment cleaning, organic seed search, inputs, seed status, outdoor access/confinement 

of livestock. OEFF A provided template fonns for the operation to use to maintain the 

required records. 

7. On November 25, 2015 OEFFA issued a Notice of Noncompliance to Sol J. Stoltzfus, Jr., 

for the use of a livestock feed ingredient that contained a prohibited substance. 

8. On December 17, 20 I 5 OEFF A issued a letter to Sol J. Stoltzfus, Jr., describing the statns 

of all noncompliances. OEFF A stated that these were either resolved or resolution 

pending inspector verification of corrective actions and that te1ms of the settlement 

agreement were implemented. 

9. On September 21, 2016, following an annual inspection performed on August 16, 2016, 

OEFFA issued Sol J. Stoltzfus Jr., a Notice of Termination of Mediation and notified him 

of the right to file an appeal. OEFFA cited findings in the inspection report which 

indicated that the operation had not complied with the settlement agreement te1ms. Most 

notably, the operation did not have certain records (e.g., equipment cleaning, missing 

seed tags, seed statns) available during the inspection. On September 21, 2016, OEFFA 

also issued a separate Notice of Noncompliance citing eight new noncompliances: crop 

rotation, livestock living conditions, livestock feed (2), recordkeeping (2), livestock 

health care, and requirements for what portion of an operation has to be certified. 

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10. On October 14, 2016, AMS received an appeal from Sol J. Stolzfus, Jr. 

DISCUSSION 

On October 23, 2015, OEFFA proposed a suspension of Sol J. Stoltzfus, Jr.'s organic 

ce1iification for a period of 3 0 days. The effect of suspension would prohibit all sale, labeling or 

representation of its products as organic. 

Between May 2014 and October 2016, Sol J. Stoltzfus, Jr., received five Notices of 

Noncompliance and one Notice of Proposed Suspension for failing to maintain full compliance 

with the USDA organic regulations. The record indicates that Mr. Stoltzfus has been cited 

repeatedly for the same noncompliances related to recordkeeping. Documents also show clear 

written communication to Mr. Stoltzfus about the noncompliances identified, and what 

conective actions he needed to take. The certifier made it clear that any corrective actions would 

need to be verifiable during the next annual inspection. Finally, the certifier attempted to work 

with the Mr. Stoltzfus via mediation. As pati of the October 2015 settlement agreement signed 

by OEFF A and the producer, OEFF A provided the producer with guidance and sample 

recordkeeping templates that could be used to comply with the recordkeeping requirement. 

However, despite multiple opportunities and resources to correct these noncompliances, Mr. 

Stoltzfus has not succeeded. Annual inspections also repeatedly found noncompliances in 

various new areas as well. 

In a very brief appeal letter, Mr. Stoltzfus states the proposed suspension due to the 

absence ofrecords is not warranted because "we had two different calendars marked for clean 

out documentation and the inspector missed the clean out documentation." The producer also 

stated that he does, in fact, have receipts for sudan grass, wheat, corn, alfalfa, alfamate mix, and 

crimson clover which state that the seeds are not GMO and are untreated. Other noncompliances 

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were not addressed. No further justification was provided for the repeated noncompliance issues, 

or additional reasoning given for why the proposed suspension is unjustified. 

CONCLUSION 

The operation of Sol J. Stoltzfus, Jr., has shown systemic and repeated noncompliance 

with the USDA organic regulations regarding recordkeeping practices. The USDA organic 

regulations require that producers maintain clear and thorough records concerning the 

production, harvesting, and handling of agricultural products. Records must be adequate to 

demonstrate compliance with the organic standards, and must be available during inspection. 

(§205.103). Under the National Organic Program, an operation's records are an essential 

component for verifying its compliance with the USDA organic regulations. In addition to 

repeated issues with recordkeeping, which are the basis for this decision, four consecutive 

inspections since 2014 have identified various other noncompliances related to crop rotation, 

prohibited substances, seeds and planting stock, and livestock production practices. Despite Mr. 

Stoltzfus consistently responding to certifier notices, as he did by submitting a timely appeal, the 

evidence shows that it is unlikely that another opportunity to implement corrective actions would 

bring the operation into compliance. The operation shows a clear pattern of noncompliance and 

inability to fulfill a settlement agreement to resolve this case. 

DECISION 

The appeal is denied and OEFFA's Notice of Proposed Suspension is upheld. Sol J. 

Stoltzfus, Jr., is to be suspended. 

Attached to this formal Administrator's Decision denying Sol J. Stoltzfus, Jr.'s appeal is 

a Request for Hearing form. Sol J. Stoltzfus, Jr., has thirty (30) days to request an administrative 

hearing before an Administrative Law Judge. 

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If Sol J. Stoltzfus, Jr., waives the hearing, the Agricultural Marketing Service will direct 

OEFF A to issue a Notice of Suspension. The suspension will be effective for 30 days from the 

date of the hearing waiver. After the 3 0-day suspension period, the operation may, " ... submit a 

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

by evidence demonstrating con-ection of each noncompliance and corrective actions taken to 

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

Done at Washington, D.C., on this R'fh 

dayof ,)1A1ng., ,2017.--

.. Bruce Summers 

Acting Administrator 

A?ricultural Marketing Service 

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