375 Ind. Admin. Code 1-2-6

Current through October 31, 2024
Section 375 IAC 1-2-6 - Denial, suspension, and revocation of accreditation and certification

Authority: IC 15-15-8-17

Affected: IC 4-21.5-3; IC 15-15-8

Sec. 6.

(a) The commissioner may take any of the following actions with respect to an applicant for accreditation or an accredited certifying agent on any of the grounds listed in subsection (c):
(1) Issue a letter of correction.
(2) Issue a probationary accreditation.
(3) Deny accreditation.
(4) Deny the renewal of accreditation.
(5) Suspend accreditation.
(6) Revoke accreditation.
(7) Issue a stop-sales on product suspected to be knowingly mislabeled "organic" and/or grown or handled in a manner not in compliance with this title.
(b) The certifying agent may take any of the following actions with respect to an applicant for organic certification or a certified organic producer or handler:
(1) Issue a letter of correction.
(2) Issue a probationary certification.
(3) Deny certification.
(4) Deny the renewal of certification.
(5) Suspend certification.
(6) Revoke certification.
(c) Following the procedures referenced in IC 4-21.5-3, the commissioner may take action under subsection (a) on any of the following grounds:
(1) Violation of IC 15-4-12[IC 15-4 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC 15-15-8.] or this title.
(2) The knowing provision of false information to the commissioner or panel.
(3) The false or negligent certification of any farming or handling operation that does not meet the terms and conditions of the Indiana organic standards.
(4) Violation of the Organic Foods Production Act of 1990, 7 U.S.C. 94, Section 6501, et seq.
(d) Following written notice and opportunity to respond, the certifying agent may take action on any of the following grounds:
(1) Violation of IC 15-4-12[IC 15-4 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC 15-15-8.] or this title.
(2) The knowing provision of false information to the certifying agent or inspector.
(3) The knowing provision of false information to the commissioner or panel.

375 IAC 1-2-6

Indiana State Department of Agriculture; 375 IAC 1-2-6; filed Jun 15, 2001, 11:46 a.m.: 24 IR 3632; readopted filed Nov 26, 2007, 2:49 p.m.: 20071226-IR-375070721RFA