Spreadsheet: 0ce36d0b-7cd3-4562-973f-2c0db094533b
Sheet: Handling

 | General Standards | Summary of Provision | Minor Issues – Conditions for Continued Certification | Noncompliances – Notice of Noncompliance - Denial of Initial Certification | Major Noncompliances – Denial or Proposed  Suspension of Certification | Major Noncompliances – Denial or Proposed Revocation of Certification
 | 205.270 Organic handling requirements
 | 205.270(a) Mechanical & biological methods | Mechanical or biological methods may be used to process an organically produced agricultural product for the purpose of retarding spoilage or otherwise preparing the agricultural product for market. | Use of methods not clearly provided for in the regulations (i.e., synthetic processes). | Use of methods not specified in OSP. | Willful and repeated use of methods disapproved by certifying agent. One year suspension. | Willful and repeated labeling of products that were processed using other than mechanical or biological methods (i.e., synthetic processes).
 | 205.270(b) Non-agricultural and non-organic agricultural substances
 | 205.270(b)(1) Allowance for organic products | If not commercially available in organic form, non-agricultural substances allowed under §205.605 and nonorganically produced agricultural products allowed under §205.606 may be used in or on a processed agricultural product intended to be sold, labeled, or represented as “organic,” pursuant to §205.301(b). | Inadequate documentation of search for organic versions of ingredients listed in §205.606. | Use of non-organic materials listed in §205.606 that were found to be commercially available in organic form. | Willful or repeated use of non-organic materials listed in §205.606 that were found to be commercially available in organic form. One year suspension. | Falsification of documents to conceal willful use of non-organic materials listed in §205.606 that were found to be commercially available in organic form.
 | 205.270(b)(2) Allowance for "made with organic…" products | Non-agricultural substances allowed under §205.605 and nonorganically produced agricultural products allowed under §205.606 may be used in or on a processed agricultural product intended to be sold, labeled, or represented as “made with organic (specified ingredients or food group(s)),” pursuant to §205.301(c). | Inadequate documentation of use of substances allowed under §205.605 or §205.606. | Proposed use of a non-agricultural substance not allowed under §205.605. | Use of a non-agricultural substance not allowed under §205.605.One year suspension. | Fraduluent alteration of records to conceal use of a non-allowed preservative in a product labeled as "made with organic…".
 | 205.270(c)(1) Prohibited practices | Handler must not use any of the practices prohibited under §205.105(e) and (f) in or on agricultural products intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s)),” or in or on any ingredients labeled as organic. | Inadequate documentation to demonstrate that an ingredient in a product labeled as "made with organic…" is not a genetically modified organism (GMO). | Uninentional use of an ingredient later found to have GMO content. | Willful use of an ingredient later found to have GMO content. One year suspension. | Fradulent alteration of records to conceal deliberate use of a GMO ingredient in a product labeled as "made with organic…".
 | 205.270(c)(2) Volatile synthetic solvents & processing aids | Handler must not use a volatile synthetic solvent or other synthetic processing aid not allowed under §205.605, except with nonorganic ingredients in products labeled “made with organic (specified ingredients or food group(s)).” | Inadequate documentation to demonstrate compliance. | Unintentional use of a synthetic processing aid  not allowed under §205.605 on organic products or ingredients. | Willful and repeated use of a synthetic processing aid not allowed under §205.605 on organic products or ingredients. One year suspension. | Fraudulent alteration of willful and repeated use of a synthetic processing aid not allowed under §205.605 on organic products or ingredients.
 | 205.271 Facility pest management practice standard
 | 205.271(a)(1) - (3) Preventive pest management practices | [NAME] or handler must use management practices to prevent pests, including but not limited to:(1) removal of pest habitat, food sources, and breeding areas; (2) prevention of access to handling facilities; and (3) management of environmental factors, such as temperature, light, humidity, atmosphere, and air circulation, to prevent pest reproduction. | ● Inadequate documentation of use of preventive pest management practices.  ● Isolated instances in which physical or non-chemical methods could have been used. | Failure to use preventive pest management practices before using chemical pest controls. | Widespread instances of failure to use preventive pest management practices. One year suspension. | Ongoing, egregious failure to adopt preventive pest management practices.
 | 205.271(b)(1) - (2) Non-chemical pest controls | Producer or handler may control pests through: (1) mechanical or physical controls including but not limited to traps, light, or sound; or (2) lures and repellents using nonsynthetic or synthetic substances consistent with the National List. | ● Inadequate documentation of use of non-chemical pest controls.  ● Isolated instances in which physical or non-chemical methods could have been used. | Using a chemical pest control without first trying non-chemical pest controls. | ● Failure to correct practices after notice of noncompliance.  ● Use of a chemical pest control resulting in possible contamination of product.   ● Use of materials not approved by certifying agent. One year suspension. | Fraduluent alteration of records to conceal use of prohibited pest control substances.
 | 205.271(c) National List pest control substances | If the practices provided for in paragraphs (a) and (b) of this section are not effective to prevent or control pests, a producer or handler may apply a nonsynthetic or synthetic substance consistent with the National List. | ● Inadequate documentation of use of non-chemical pest controls.   ● Isolated instances in which physical or non-chemical methods could have been used. | Using a chemical pest control not on the National List without first trying non-chemical pest controls. | Willful use of a chemical pest control not on the National List without first trying non-chemical pest controls. One year suspension. | Fraudulent concealment of willful use of a chemical pest control not on the National List without first trying non-chemical pest controls.
 | 205.271(d) Non-listed pest control materials | If the practices provided for in paragraphs (a), (b), and (c) of this section are not effective to prevent or control facility pests, a handler may apply a synthetic substance not on the National List, provided that the handler and certifying agent agree on the substance, method of application, and measures to be taken to prevent contact of the organically produced products or ingredients with the substance used. | Inadequate documentation of materials used. | ● Use of a pest control material later found to be reformulated and no longer in compliance.  ● Proper use of an allowed synthetic material without approval of certifying agent. | Willful use of a non-listed pest control material without first trying non-chemical pest controls or pest control substances on the National List. One year suspension. | Fraduluent alteration of pesticide use reports to conceal use of prohibited substances.
 | 205.271(e) Updated handling plan provisions | A handler who applies a nonsynthetic or synthetic substance to prevent or control pests must update the operation's organic handling plan to reflect the use of such substances and methods of application. The updated organic plan must include a list of all measures taken to prevent contact of the organically produced products or ingredients with the substance used. | Submitting late reports to the certifying agent. | Minor omissions from organic system plan of use of a synthetic substance to control pests. | Repeated failure to submit an updated organic handling plan (i.e., no response to notice of noncompliance). One year suspension. | Submitting a false or misleading organic handling plan.
 | 205.271(f) Compliance with laws & regulations | Notwithstanding the practices provided for in paragraphs (a), (b), (c), and (d), a handler may otherwise use substances to prevent or control pests as required by Federal, State, or local laws and regulations, provided that measures are taken to prevent contact of the organically produced products or ingredients with the substance used. | Inadequate documentation of measures taken to prevent contact of organically produced products with pest control substances. | Unintentional failure to take measures to prevent contact of organically produced products with pest control substances. | Willful use of a pest control substance that had been denied for use by the certifier. One year suspension. | Fraduluent alteration of records to conceal use of a synthetic pest control substance that had been denied for use by the certifier.
 | 205.272 Commingling and contact with prohibited substance prevention practice standard
 | 205.272(a) Commingling / contact with prohibited substances | Handler must implement measures necessary to prevent the commingling of organic and nonorganic products and protect organic products from contact with prohibited substances. | Inadequate documentation of measures in place to prevent commingling of organic and nonorganic products or contact with prohibited substances. | Unintentional commingling of organic and conventional products. | Willful and repeated commingling of organic and nonorganic products or animal feed. One year suspension. | Fraduluent alteration of records to conceal willful commingling of organic and nonorganic products.
 | 205.272(b)(1) Prohibited packaging & storage materials | Handler must not use packaging materials, storage containers, or bins that contain a synthetic fungicide, preservative, or fumigant. | Inadequate search for information to ensure compliance. | Unintentional use of packaging materials containing a synthetic fungicide. | Willful use of packaging materials containing a synthetic fungicide. One year suspension. | Fraduluent alteration of records to conceal use of packaging material containing a prohibited substance.
 | 205.272(b)(2) Reusable containers | Handler must not use or reuse 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. | Inadequate documentation of having taken necessary steps to ensure that packaging materials were free of prohibited substances. | Failure to check that reused containers did not contain prohibited substances. | Repeated reuse of containers without checking to ensure they did not contain prohibited substances. One year suspension. | Falsification of records to conceal repeated violations of the regulations.