PURPOSE: This rule outlines the criteria that the program shall use to determine when to implement compliance enforcement actions, and the procedures to be followed for the compliance actions.

1. (1) When it has been determined that an organic entity certified by the program is knowingly selling, representing, or labeling as organic any products that have been exposed to or contain prohibited substances, or that have been produced using prohibited substances or excluded methods, the program shall send the certified organic entity a written notification of suspension of rights to sell such product as organic.

   1. (A) Such product is prohibited from further sale or movement, in accordance with National Organic Program (NOP) 7 CFR 205.6462(d). The department shall remove the suspension of rights to sell when the 2 CSR 70-16

organic entity becomes compliant to requirements of the NOP 7 CFR, Part 205.

1. (2) The department may initiate a compliance action against an applicant for certification or an organic entity certified by the program that is not in compliance with NOP 7 CFR, Part 205.

   1. (A) The department and applicants for certification shall follow procedures established in 7 CFR 205.405 in addressing noncompliance issues.
   2. (B) The department and certified organic entities shall follow procedure established in 7 CFR 205.662 in addressing noncompliance issues.
   3. (C) The department’s procedure for denying certification shall adhere to that established in 7 CFR 205.405.
   4. (D) Any notice of denial of certification or proposed suspension or revocation of certification shall state the organic entity’s right to an informal hearing as provided by 7 CFR 205.663, Mediation.

AUTHORITY: section 261.110, RSMo Supp. 2002.* Original rule filed Jan. 3, 2003, effective Aug. 30, 2003. *Original authority: 261.110, RSMo 2000, amended 2002.