[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: 7CFR205.504]

[Page 409-410]
 
                          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 F--Accreditation of Certifying Agents
 
Sec. 205.504  Evidence of expertise and ability.

    A private or governmental entity seeking accreditation as a 
certifying agent must submit the following documents and information to 
demonstrate its expertise in organic production or handling techniques; 
its ability to fully comply with and implement the organic certification 
program established in Secs. 205.100 and 205.101, Secs. 205.201 through 
205.203, Secs. 205.300 through 205.303, Secs. 205.400 through 205.406, 
and Secs. 205.661 and 205.662; and its ability to comply with the 
requirements for accreditation set forth in Sec. 205.501:
    (a) Personnel. (1) A copy of the applicant's policies and procedures 
for training, evaluating, and supervising personnel;

[[Page 410]]

    (2) The name and position description of all personnel to be used in 
the certification operation, including administrative staff, 
certification inspectors, members of any certification review and 
evaluation committees, contractors, and all parties responsibly 
connected to the certifying agent;
    (3) A description of the qualifications, including experience, 
training, and education in agriculture, organic production, and organic 
handling, for:
    (i) Each inspector to be used by the applicant and
    (ii) Each person to be designated by the applicant to review or 
evaluate applications for certification; and
    (4) A description of any training that the applicant has provided or 
intends to provide to personnel to ensure that they comply with and 
implement the requirements of the Act and the regulations in this part.
    (b) Administrative policies and procedures. (1) A copy of the 
procedures to be used to evaluate certification applicants, make 
certification decisions, and issue certification certificates;
    (2) A copy of the procedures to be used for reviewing and 
investigating certified operation compliance with the Act and the 
regulations in this part and the reporting of violations of the Act and 
the regulations in this part to the Administrator;
    (3) A copy of the procedures to be used for complying with the 
recordkeeping requirements set forth in Sec. 205.501(a)(9);
    (4) A copy of the procedures to be used for maintaining the 
confidentiality of any business-related information as set forth in 
Sec. 205.501(a)(10);
    (5) A copy of the procedures to be used, including any fees to be 
assessed, for making the following information available to any member 
of the public upon request:
    (i) Certification certificates issued during the current and 3 
preceding calender years;
    (ii) A list of producers and handlers whose operations it has 
certified, including for each the name of the operation, type(s) of 
operation, products produced, and the effective date of the 
certification, during the current and 3 preceding calender years;
    (iii) The results of laboratory analyses for residues of pesticides 
and other prohibited substances conducted during the current and 3 
preceding calender years; and
    (iv) Other business information as permitted in writing by the 
producer or handler; and
    (6) A copy of the procedures to be used for sampling and residue 
testing pursuant to Sec. 205.670.
    (c) Conflicts of interest. (1) A copy of procedures intended to be 
implemented to prevent the occurrence of conflicts of interest, as 
described in Sec. 205.501(a)(11).
    (2) For all persons who review applications for certification, 
perform on-site inspections, review certification documents, evaluate 
qualifications for certification, make recommendations concerning 
certification, or make certification decisions and all parties 
responsibly connected to the certifying agent, a conflict of interest 
disclosure report, identifying any food- or agriculture-related business 
interests, including business interests of immediate family members, 
that cause a conflict of interest.
    (d) Current certification activities. An applicant who currently 
certifies production or handling operations must submit: (1) A list of 
all production and handling operations currently certified by the 
applicant;
    (2) Copies of at least 3 different inspection reports and 
certification evaluation documents for production or handling operations 
certified by the applicant during the previous year for each area of 
operation for which accreditation is requested; and
    (3) The results of any accreditation process of the applicant's 
operation by an accrediting body during the previous year for the 
purpose of evaluating its certification activities.
    (e) Other information. Any other information the applicant believes 
may assist in the Administrator's evaluation of the applicant's 
expertise and ability.