UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

BEFORE THE ADMINISTRATOR 

In re:

 

Moss Ranch LLC 

 

Bonanza, Oregon 

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Administrator’s Decision 

APL-077-22 

This Decision responds to an Appeal (APL-077-22) of a Notice of Denial of Certification 

under the National Organic Program (NOP) issued to Moss Ranch LLC (Moss) of Bonanza, 

Oregon by USDA accredited certifying agent Where Food Comes From (WFCF). Moss 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 

INTRODUCTION 

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 or NOP 

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

1

 7 U.S.C. 6501-6522 

2

 7 C.F.R. Part 205 

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

organic regulations. 

FINDINGS OF FACT 

1. On February 19, 2019, Moss was certified for crops and livestock. 

2. On December 18, 2020, Moss’ former certifier International Certification Services (ICS) 

notified Moss that it was surrendering its accreditation. 

3. On January 6, 2022, Moss applied to WFCF for certification. 

4. On April 29, 2022, Moss’ former certifier ICS surrendered accreditation. 

5. On June 15, 2022, WFCF issued a Notice of Noncompliance to Moss citing to 

noncompliances found at the April 9, 2022 inspection. 

6. On August 8, 2022, WFCF issued a Notice of Denial of Certification. 

7. On September 1, 2022, Moss filed an Appeal. 

REGULATORY CITATIONS 

The USDA organic regulations at 7 C.F.R. §205.201, Organic production and handling 

system plan, states, “(a) The producer or handler of a production or handling operation ... 

intending to sell, label, or represent agricultural products as “100 percent organic,” “organic,” or 

“made with organic (specified ingredients or food group(s))” must develop an organic production 

or handling system plan that is agreed to by the producer or handler and an accredited certifying 

agent ... An organic production or handling system plan must include: (1) A description of 

practices and procedures to be performed and maintained, including the frequency with which 

they will be performed; ... (3) A description of the monitoring practices and procedures to be 

performed and maintained, including the frequency with which they will be performed, to verify 

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that the plan is effectively implemented; ... (6) Additional information deemed necessary by the 

certifying agent to evaluation compliance with the regulations...” 

The regulations at §205.205, Crop rotation practice standard, states, “The producer must 

implement a crop rotation including but not limited to sod, cover crops, green manure crops, and 

catch crops that provide the following functions that are applicable to the operation: (a) Maintain 

or improve soil organic matter content ...” 

The regulations at §205.236, Origin of livestock, states, “(a) Livestock products that are 

to be sold, labeled, or represented as organic must be from livestock under continuous organic 

management from the last third of gestation or hatching ... (c) The producer of an organic 

livestock operation must maintain records sufficient to preserve the identity of all organically 

managed animals, including whether they are transitioned animals, and edible and nonedible 

animal products produced on the operation.” 

The regulations at §205.237, Livestock feed, states, “(a) The producer of an organic 

livestock operation must provide livestock with a total feed ration composed of agricultural 

products, including pasture and forage, that are organically produced and handled by operations 

certified to the NOP ... (d) Ruminant livestock producers shall: (1) Describe the total feed ration 

for each type and class of animal ... (2) Document the amount of each type of feed actually fed 

to each type and class of animal ...” 

The 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 of this part; (b) 

Establish, implement, and update annually an organic production or handling system plan that is 

submitted to an accredited certifying agent ... (c) Permit on-site inspections with complete 

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access to the production or handling operation, including noncertified production and handling 

areas, structures, and offices by the certifying agent ... (d) Maintain all records applicable to the 

organic operation for not less than 5 years beyond their creation and allow ... the certifying agent 

access to such records during normal business hours for review and copying to determine 

compliance with the Act and the regulations in this part ...” 

DISCUSSION 

Moss was certified organic for crops and livestock on February 19, 2019 by former 

accredited certifying agent ICS. After being notified of ICS’ impending surrender of 

accreditation, Moss applied for certification to WFCF on January 6, 2022. WFCF conducted an 

inspection of Moss’ operation on April 9, 2022, where numerous noncompliances were found. 

WFCF issued Moss a Notice of Noncompliance on June 15, 2022, setting forth the numerous 

noncompliances involving several provisions of the organic regulations. These included 

insufficient recordkeeping, an incomplete Organic System Plan (OSP), and incomplete 

information on determining if livestock feed is sufficient, animal healthcare practices, grazing 

practices, as well as incomplete herd lists, missing breeder stock management records, and 

missing livestock sales records. WFCF also noted that records on non-grazing feed rations were 

missing, as well as grazing records that demonstrate which animals or groups of animals were 

grazed on which pastures during the grazing season; daily feeding records showing amounts and 

types of feeding for each cattle type; and transport records showing the movement of animals or 

groups of animals between Oregon and California locations. Lastly, WFCF stated that Moss 

failed to explain how its practices for Bonanza Field 11 and other identified Bonanza fields meet 

crop rotation standards. 

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Moss responded to the noncompliance notice and resolved some of the cited 

noncompliances. Therefore, on July 29, 2022, WFCF sent Moss a revised Notice of 

Noncompliance, showing the resolved noncompliances and those still unresolved. WFCF stated 

that it discussed the noncompliances with Moss throughout this period. Subsequently, WFCF 

issued a Notice of Denial of Certification on August 8, 2022, after Moss failed to resolve the 

remaining noncompliances. Specifically, WFCF stated that Moss resolved the noncompliances 

regarding management practices for animals that are managed as breeder stock; verified how 

feed ration is sufficient to meet nutritional requirements; and partially resolved the 

noncompliance regarding grazing practices. However, Moss didn’t submit a thorough description 

for verifying treatment administered by a veterinarian. Moss submitted planting and harvest logs 

for Bonanza Field 11, but didn’t explain its rotation plan nor were rotation plans practiced in 

other Bonanza Fields. Moss supplied herd lists for 2020 – 2022, including cows and calves, as 

well as sales records for calves sold in 2021, but didn’t provide documentation tracing cattle lists 

to kill sheets. WFCF found that Moss resolved noncompliances regarding non-grazing feed 

rations, the dates and locations of animals grazed by herd sizes, feeding records showing 

amounts and types of feeding for each cattle type, and transport documents for cows and steers in 

2021. However, as with the Notice of Noncompliance, WFCF found that Moss’ registration with 

the California Department of Food and Agriculture (CDFA) had expired on January 1, 2020, and 

Moss hadn’t provided an updated registration. 

Moss submitted an Appeal, stating that it has resolved some of the noncompliances and 

has attempted to resolve the others, but WFCF hasn’t been willing to work with Moss. Moss 

stated the only livestock supplement its uses is plain salt, and that it gave the label to the 

inspector, and also sent it to ICS on two subsequent occasions. Moss stated it hasn’t needed to 

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call a veterinarian in the last two years, and that it would sell come cattle to reduce the pressure 

on the pasture and/or purchase organic hay. Moss stated it has started using new numbers for its 

livestock in November 2022; that kill sheets weren’t maintained until June 23, 2022; and there 

were no kills before the April 9, 2022 inspection. As to crop rotation, Moss stated that the 

Bonanza Fields identified have no water and are farmed dry land, with planting in the Fall and 

cutting in mid-June. Then cattle are grazed, after which the stubble and cow manure are turned 

over. Moss stated everything is organic, but they’re limited in what they can plant when they dry 

farm. Moss also questioned the abilities of the inspector, who alleged told Moss that it was his 

first inspection. 

It is noted that the Inspection Report stated that Moss’ recordkeeping had improved in 

detail; the organic livestock were fed organic pasture or hay; there were no medications used to 

treat the livestock except approved vaccinations; and while 2021 calving dates were missing, 

they were maintained for 2022. The inspector noted in the Exit Interview that Moss was to keep 

up on tagging calves with corresponding cow tags and maintain sales invoices for the sale of 

livestock. 

Regarding the CDFA registration, Moss had stated in the Appeal that its registration was 

current through January 1, 2023, and submitted the registration certificate. NOP contacted 

CDFA to determine if the registration has since been renewed. CDFA stated that Moss hasn’t 

renewed its registration. CDFA sent Moss a Notice of Expiration of Organic Registration on 

February 21, 2023; and on April 12, 2023 issued a Final Notice of Expiration of Organic 

Registration. Therefore, even though Moss remains certified organic by NOP, as Moss has not 

surrendered or been suspended or revoked, it can’t sell any product as organic in California. 

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As Moss had resolved numerous of the noncompliances cited in the initial Notice of 

Noncompliance, and the inspector noted improved recordkeeping during the inspection, NOP 

offered Moss a Settlement Agreement. Per the agreement, Moss would be given one year in 

which to successfully resolve its noncompliances and complete the certification application 

process with WFCF or any other certifier of its choosing. The Settlement Agreement required 

Moss to maintain numerous records that had been identified by WFCF as being incomplete or 

missing. Though the agreement wasn’t a guarantee of certification, it would allow Moss’ 

certification to continue during the process of transitioning its certification to a new certifier. 

However, Moss didn’t respond to the April 24, 2023 settlement offer, or the reminders sent to 

Moss on May 3, 2023; May 9, 2023; May 15, 2023; and May 17, 2023. Therefore, Moss is 

deemed to have rejected the settlement offer. 

CONCLUSION 

Evidence substantiates that Moss has violated the organic regulations at 7 C.F.R. 

§205.201, Organic production and handling system plan; 7 C.F.R. §205.205, Crop rotation 

practice standard; 7 C.F.R. §205.236, Origin of livestock; 7 C.F.R. §205.237, Livestock feed; 

and 7 C.F.R. §205.400, General requirements for certification. Specifically, Moss failed to fully 

describe grazing practices as there was no explanation of adjustments that would be made to the 

grazing season if drought or other circumstances arose. Further, although Moss claims it hasn’t 

had to contact a veterinarian in two years, it didn’t provide a description of how it would verify 

treatment of livestock if it would need to contact a veterinarian. Although Moss stated that there 

were no kills prior to the April 9, 2022 inspection, which could explain why kill records weren’t 

maintained until June 23, 2022, the cow lists were missing required elements to show 

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_________________________________ 

traceability. Moss also didn’t adequately explain its rotation plan for Bonanza Field 11 and 

didn’t appear to rotate other fields as required. The failure to address these last outstanding 

noncompliances, which are violations of the organic regulations, resulted in a denial of 

certification by WFCF. 

DECISION 

Moss’ Appeal of September 1, 2022 is denied. The August 8, 2022 Notice of Denial of 

Certification is affirmed. Moss is denied organic certification. However, pursuant to the organic 

regulations at 7 C.F.R. §205.405(e), Moss may apply again for certification at any time and with 

any certifier, though such an application must resolve the noncompliances which were the basis 

for the current denial of certification. 

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

Request for Hearing form. Should Moss wish to further appeal this decision, Moss has thirty 

(30) days to request an administrative hearing before an Administrative Law Judge. 

25th Done at Washington, D.C., on this _____ 

day of ________________, 2023. May 

Digitally signed by BRUCE BRUCE SUMMERS 

Date: 2023.05.26 13:43:30 SUMMERS -04'00' Bruce Summers 

Administrator 

Agricultural Marketing Service 

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