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In re: 

Jorge Rolando Gonzalez Garza Administrator’s Decision 

Zaragoza, Mexico APL-025-20 

 

 

UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

BEFORE THE ADMINISTRATOR 

This Decision responds to an appeal (APL-025-20) of a Notice of Denial of Certification 

of National Organic Program (NOP) certification issued to Jorge Rolando Gonzalez Garza 

(Garza) of Zaragoza, Mexico by BioAgriCert s.r.l. (BAC). 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 September 5, 2019, Garza applied for organic crop certification to BAC. 

2. On October 8, 2019, BAC conducted an inspection of Garza’s operation. 

3. On October 21, 2019, BAC issued a Notice of Noncompliance. 

4. On November 7, 2019, BAC issued a Notice of Denial of Certification. 

5. On November 23, 2019, Garza filed an Appeal. 

DISCUSSION 

The USDA organic regulations at 7 CFR §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...” 

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...” 

Certifier BAC issued a Notice of Denial of Certification to Garza after two tests of a 

pecan sample taken at the October 8, 2019 inspection both revealed 1-Naphthol (Carbaryl 

Metabolite), a prohibited substance, in a level exceeding the EPA tolerance level. 

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Garza states it never used the cited substance or any chemical on its crops, that the 

application equipment is only used on organic crops, and that a third test failed to detect the 

substance cited by BAC. 

On October 21, 2019, BAC issued a Notice of Noncompliance to Garza, stating that it 

had reviewed Garza’s application for certification and Organic System Plan; however, testing of 

a pecan sample taken at the October 8, 2019 inspection of Garza’s Rancho El Porvenir revealed 

the presence of 1-Naphthol (Carbaryl Metabolite) at 0.115 ppm (parts per million) which exceeds 

the EPA tolerance level. BAC presented the lab report from AgroLab of October 21, 2019, 

showing these results for Sample P-19-23136. On November 7, 2019, BAC issued a Notice of 

Denial of Certification stating that BAC’s rebuttal of the noncompliance notice was not 

sufficient to enable organic certification. BAC repeated the findings of the first test of the pecan 

sample as stated in the Notice of Noncompliance. BAC also stated that the second test of the 

sample taken on October 8, 2019 from Garza’s Rancho El Porvenir, again revealed the presence 

of 1-Naphthol (Carbaryl Metabolite). BAC submitted this second lab report from AgroLab, for 

Sample P-19-24767, dated November 5, 2019, which revealed the substance at 0.109 ppm, which 

BAC stated again exceeds the EPA tolerance level. The second test’s results weren’t issued until 

November 5, 2019, explaining why they weren’t included in the prior Notice of Noncompliance. 

BAC also explained that the sample taken at the inspection was divided into 4 aliquots with 1 

aliquot being used for the first test; a second aliquot being used for the second test; and a third 

aliquot being provided to Garza at the time of the sampling at the inspection. The inspector’s 

Sampling Report shows the sample, a bag of pecans weighing between half a kilogram and a 

kilogram, was divided into 4 parts. 

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Garza stated that at the October 8, 2019 inspection BAC took 3 samples, keeping 2 which 

it had tested, and giving 1 sample to Garza. BAC explained it was 1 sample divided into 4 parts. 

Garza stated he asked BAC for the identity of a lab which could test the sample portion given to 

Garza. It was submitted to Groen Agro Control of International Foods Control. Garza stated the 

test of the third portion/aliquot didn’t detect any of the cited substance and submitted the lab 

report of October 30, 2019, for the sample portion taken on October 8, 2019 from Rancho El 

Porvenir, which didn’t detect 1-Naphthol. This third lab report shows testing for carbaryl and 

not 1-Naphthol; however, research shows that 1-Naphthol is a metabolite of carbaryl and 

naphthalene and is used as a pesticide.

 Although, Garza’s submitted lab report for the testing of the third portion of the sample 

didn’t reveal the presence of 1-Naphthol, this doesn’t negate the fact that BAC presented 2 lab 

reports from AgroLab from 2 other portions of the same sample taken from Garza’s Rancho El 

Porvenir which revealed the presence of 1-Naphthol at 0.115 ppm and 0.109 ppm. The 

Environmental Protection Agency (EPA) has established tolerance levels for various chemicals, 

setting limits on the amount of the chemical allowed on an agricultural product. The EPA 

regulations at 40 CFR 180.169, “Carbaryl,” state that the tolerance level for “the insecticide 

carbaryl, 1-naphthyl N-methyl-carbonate for nuts in tree group 14, except walnuts, is 0.1 ppm...” 

The EPA regulations at 40 CFR 180.41, Crop group tables, contains the Tree Nuts Group 14 list 

which includes pecans. Calculating for use in organic products, the 5% allowed threshold for 

pecans is 0.005 ppm. BAC’s lab report for the first test found 1-Naphthol (Carbaryl Metabolite) 

at 0.115 ppm, and the lab report for the second test found the substance at 0.109 ppm, both 

exceeding the allowed threshold for organic products. 

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Garza states he never used the substance. However, although neither 1-Naphthol or the 

chemical name of Carbaryl Metabolite appear on his input list, Garza has been unable to rebut or 

offer any other reason for the presence of the substance on the two sample portions tested by 

BAC. Garza also claims that the substance isn’t used in his geographical region; however, he 

provided no evidence to substantiate that belief. Garza stated, “We believe that we do not need 

to propose any corrective action for this case, since we are sure that no error was incurred, since 

the application equipment is only used for this crop...” and the entire area is organically 

managed. 

CONCLUSION 

The USDA organic regulations assure consumers that products with the USDA organic 

seal meet consistent, uniform standards. Key to these standards is that products with the USDA 

organic seal are produced and handled in accordance with the organic regulations. The totality 

of the evidence substantiates that Garza violated the organic regulations at 7 CFR §205.202, 

which require that land from which harvested organic crops are sold, labeled, or represented as 

organic must not have had prohibited substances applied to it for a period of 3 years immediately 

preceding the harvest. Garza also violated the organic regulations at 7 CFR §205.105 which 

state that synthetic substances and ingredients may not be used in organic crop production unless 

they are allowed per the National List. The substance 1-Naphthol/Carbaryl is not provided for in 

7 CFR §205.601 and was found in levels exceeding 5% of the EPA threshold, which means the 

products must not be sold, labeled or represented as organic. Therefore, as cited by BAC, 

Garza’s certification application was properly denied pursuant to 7 CFR §205.405(c)(1)(ii) 

which states a certifier is to issue a denial of certification if an operation’s corrective actions or 

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_________________________________ 

SUMMERS 

rebuttal after issuance of a notice of noncompliance are not sufficient for the operation to qualify 

for certification. 

DECISION 

The appeal is denied and the denial of Garza’s application for organic crop certification is 

affirmed. Garza is denied certification, and his land and crops at Rancho El Porvenir are 

ineligible to be labeled as organic for 3 years. As the last date of application of the prohibited 

substance can’t be determined, the 3-year period commenced on October 8, 2019, the date the 

sample was taken, and terminates on October 7, 2022. Attached to this formal Administrator’s 

Decision denying Garza’s appeal is a Request for Hearing form. Garza has thirty (30) days to 

request an administrative hearing before an Administrative Law Judge. If Garza waives the 

hearing, the Agricultural Marketing Service will direct NOP to affirm this Administrator’s 

Decision which will become final. Garza remains uncertified through this period. 

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

 day of ________________, 2020. 

BRUCE Digitally signed by BRUCE 

SUMMERS Date: 2020.06.07 22:24:53 -04'00'

Bruce Summers 

Administrator 

Agricultural Marketing Service 

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