SECTION 18.662. Noncompliance Procedure for Transitional Operations

(a) Notification. When an inspection, review, or investigation of a certified transitional operation or an operation in transitional application status reveals any noncompliance with regulations in this chapter, a written notification of noncompliance shall be sent to the operation. Such notification shall provide:

(1) a description of each noncompliance;

(2) the facts upon which the notification of noncompliance is based; and

(3) the date by which the certified operation must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.

(b) Resolution. When an operation demonstrates that each noncompliance has been resolved, the department shall send the operation a written notification of noncompliance resolution.

(c) Denial of application for transitional certification. When rebuttal is unsuccessful or correction of the noncompliance is not completed within the prescribed time period, the department shall send the applicant a written notification of denial of transitional certification of the entire operation or a portion of the operation, as applicable to the noncompliance.

(d) Suspension. If a certified transitional operation fails to correct the noncompliance or to resolve the issue through rebuttal, the department shall send the operation a written notification of suspension.

(e) Eligibility. A certified operation or a person responsibly connected with an operation whose transitional certification was previously suspended will be eligible to apply for transitional certification at any time but must provide documentation as evidence that all areas of noncompliance with 7 CFR Part 205 and the rules in this part have been resolved.

(f) Violations of this Chapter. Any operation that:

(1) knowingly sells or labels a product as being certified organic or certified transitional by the department, except in accordance with this chapter, shall be subject to a civil penalty not more than the amount specified in §18.009 of the Texas Agriculture Code.

(2) makes a false statement under this chapter to a certifying agent shall be subject to the provisions of the Texas Agriculture Code, §18.008.

Source Note: The provisions of this §18.662 adopted to be effective December 7, 2017, 42 TexReg 6789