[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR205.402]

[Page 403]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 205--NATIONAL ORGANIC PROGRAM--Table of Contents
 
                        Subpart E--Certification
 
Sec. 205.402  Review of application.

    (a) Upon acceptance of an application for certification, a 
certifying agent must:
    (1) Review the application to ensure completeness pursuant to 
Sec. 205.401;
    (2) Determine by a review of the application materials whether the 
applicant appears to comply or may be able to comply with the applicable 
requirements of subpart C of this part;
    (3) Verify that an applicant who previously applied to another 
certifying agent and received a notification of noncompliance or denial 
of certification, pursuant to Sec. 205.405, has submitted documentation 
to support the correction of any noncompliances identified in the 
notification of noncompliance or denial of certification, as required in 
Sec. 205.405(e); and
    (4) Schedule an on-site inspection of the operation to determine 
whether the applicant qualifies for certification if the review of 
application materials reveals that the production or handling operation 
may be in compliance with the applicable requirements of subpart C of 
this part.
    (b) The certifying agent shall within a reasonable time:
    (1) Review the application materials received and communicate its 
findings to the applicant;
    (2) Provide the applicant with a copy of the on-site inspection 
report, as approved by the certifying agent, for any on-site inspection 
performed; and
    (3) Provide the applicant with a copy of the test results for any 
samples taken by an inspector.
    (c) The applicant may withdraw its application at any time. An 
applicant who withdraws its application shall be liable for the costs of 
services provided up to the time of withdrawal of its application. An 
applicant that voluntarily withdrew its application prior to the 
issuance of a notice of noncompliance will not be issued a notice of 
noncompliance. Similarly, an applicant that voluntarily withdrew its 
application prior to the issuance of a notice of certification denial 
will not be issued a notice of certification denial.