( 

UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

BEFORE THE ADMINISTRATOR 

Inre: 

Devan Green 

Green's Organics 

Conrad, Iowa 

) 

) 

) 

) 

Administrator's Decision 

APL-004-17 

This Decision responds to an appeal (APL-004~ 17) of a Notice of Propos.ed Suspension 

of National Organic Program certification issued to Devan Green, doing business as Green's 

Organics of Conrad, Iowa, by the Iowa Department of Agriculture and Land Stewardship (IDALS). 

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). Ce1tifying 

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 

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

regulations. · 

1 7 u.s.c. 6501-6522 

2 7 C.F.R. Part 205 

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FINDINGS OF FACT 

1. IDALS is an accredited certifying agent under the USDA organic regulations. Devan Green 

is the operator of Green's Organics of Conrad, Iowa, which is certified under USDA organic 

regulations for crops and livestock. 

2. On August 31, 2016, IDALS issued Green's Organics a Notice ofNoncompliance, citing a 

violation of §205.239(a) (Livestock living conditions). Because of the nature of the violations 

(a lack of drinking water for animals), IDALS set a response deadline of September 9, 2016. 

3. On September 14, 2016, IDALS sent a Notice of Proposed Suspension with a proposed 

effective date of October 1, 2016, as it had received no response from Green's Organics. 

4. On October 10, 2016, AMS received an appeal from Green's Organics, which it 

acknowledged on October 11, 2016. 

DISCUSSION 

IDALS has proposed suspending Green's Organics organic certification. The effect of 

suspension would prohibit all sale, labeling, or representation of its products as organic. On 

August 26, 2016, IDALS conducted an unannounced inspection of Green's Organics; the 

inspection was initiated because of a third-party complaint expressing concern about livestock 

living conditions and animal welfare at the operation. The IDALS inspection findings noted: 

"The primary concern ... was that none of the pigs on the frum had access to 

water. Operator reported that the trough hadn't been filled for 2-3 days. Operator 

. tinned on the water hydrant to fill the water trough without cleaning out the 

existing2-3 inch layer of mud/manure inside. The inspector reported that every 

pig in the pen ran to the trough, fighting to get water. Some pigs even jumped 

inside of the trough to get a drink. Itwas evident that these pigs hadn't had water 

for quite some time. Several photos were taken to document these observations 

as well." 

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Based on the inspection findings, on August 31, 2016, IDALS sent Green's Organics a 

Notice of Noncompliance requiring immediate resolution, which was to include verification of 

repairs to waterers, photos that ensured that livestock had continuous access to water, and a 

written plan. The deadline for a response was set as September 9, 2016. IDALS did not receive a 

response to this Notice of Noncompliance, so on September 14, 2016, IDALS sent the Operator a 

Notice of Proposed Suspension, with a proposed effective date of October 17, 2016. Green's 

Organics appealed this Notice. 

In its appeal, Green's Organics disputes the Notice of Noncompliance, stating that the 

inspector was dressed improperly (i.e. did not have a biosecurity suit or disposable boot covers) 

and that the inspector did not see the automatic waterer in the north sow paddock. The appellant 

offered an Action Plan related to the Market Hog Pen, the Breeding Pen, and the North Sow Lot. 

No photographs or other verifying documentation was provided, 

There are two issues involved in this appeal. The first issue relates to the initial 

noncompliance related to livestock living conditions. The second issue relates to the Green's 

Organics lack ofresponsiveness to its certifier. 

For the first issue, despite the explanation provided in its appeal response, Green's 

Organics has not fully complied with the requirements included in the August 31, 2016 Notice of 

Noncompliance: it has not provided verification or evidence that the waterers were repaired, and 

it has not provided the photographic evidence that livestock have continuous access to water. 

While the appeal did include a description of steps that Green's Organics was implementing, it 

did not argue most the findings in the Notice. 

For the second issue, Green's Organics never responded to the August 31, 2016 Notice of 

Noncompliance, and IDALS has not heard from Green's Organics since issuing that Notice. In 

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March 2017, with the NOP's support, IDALS sent Green's Organics a proposed settlement 

agreement to resolve the Notice of Proposed Suspension, if there was clear evidence that the 

violations related to livestock living conditions were corrected. IDALS also sent Green's 

Organics its certification renewal package for 2017. On April 20, 2017, all mailed 

correspondence was returned undelivered and unopened with a written record of delivery 

attempts by the post office. As of June 23, 2017, IDALS had still received no response from 

Green's Organics. 

CONCLUSION 

The evidence indicates that the September 14, 2016, Notice of Proposed Suspension to 

Green's Organics was appropriate due to the nature of the violation and the lack ofresponse to 

the Notice of Noncompliance. 

DECISION 

The appeal is denied and IDALS Notice of Proposed Suspension is upheld. Green's 

Organics full organic certification, including both crops and livestock, is to be suspended. 

Attached to this formal Administrator's Decision denying Green's Organics' appeal is a Request 

for Hearing form. Green's Organics has thirty (30) days to request an administrative hearing 

before an Administrative Law Judge. 

If Green's Organics waives the hearing, the Agricultural Marketing Service will direct 

IDALS to issue a Notice of Suspension of the entire operation. The operation may, " ... submit a 

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

by evidence demonstrating correction of each noncompliance and corrective actions taken to 

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

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Done at Washington, D.C., on this 11"" 

day of -S~\ y , 2017. 

Bruce Summers 

Acting Administrator 

Agricultural Marketing Service 

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