[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR205.403]

[Page 405-406]
 
                          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. 205.403  On-site inspections.

    (a) On-site inspections. (1) A certifying agent must conduct an 
initial on-site inspection of each production unit, facility, and site 
that produces or handles organic products and that is included in an 
operation for which certification is requested. An on-site inspection 
shall be conducted annually thereafter for each certified operation that 
produces or handles organic products for the purpose of determining 
whether to approve the request for certification or whether the 
certification of the operation should continue.
    (2) (i) A certifying agent may conduct additional on-site 
inspections of applicants for certification and certified operations to 
determine compliance with

[[Page 406]]

the Act and the regulations in this part.
    (ii) The Administrator or State organic program's governing State 
official may require that additional inspections be performed by the 
certifying agent for the purpose of determining compliance with the Act 
and the regulations in this part.
    (iii) Additional inspections may be announced or unannounced at the 
discretion of the certifying agent or as required by the Administrator 
or State organic program's governing State official.
    (b) Scheduling. (1) The initial on-site inspection must be conducted 
within a reasonable time following a determination that the applicant 
appears to comply or may be able to comply with the requirements of 
subpart C of this part: Except, That, the initial inspection may be 
delayed for up to 6 months to comply with the requirement that the 
inspection be conducted when the land, facilities, and activities that 
demonstrate compliance or capacity to comply can be observed.
    (2) All on-site inspections must be conducted when an authorized 
representative of the operation who is knowledgeable about the operation 
is present and at a time when land, facilities, and activities that 
demonstrate the operation's compliance with or capability to comply with 
the applicable provisions of subpart C of this part can be observed, 
except that this requirement does not apply to unannounced on-site 
inspections.
    (c) Verification of information. The on-site inspection of an 
operation must verify:
    (1) The operation's compliance or capability to comply with the Act 
and the regulations in this part;
    (2) That the information, including the organic production or 
handling system plan, provided in accordance with Sec. Sec. 205.401, 
205.406, and 205.200, accurately reflects the practices used or to be 
used by the applicant for certification or by the certified operation;
    (3) That prohibited substances have not been and are not being 
applied to the operation through means which, at the discretion of the 
certifying agent, may include the collection and testing of soil; water; 
waste; seeds; plant tissue; and plant, animal, and processed products 
samples.
    (d) Exit interview. The inspector must conduct an exit interview 
with an authorized representative of the operation who is knowledgeable 
about the inspected operation to confirm the accuracy and completeness 
of inspection observations and information gathered during the on-site 
inspection. The inspector must also address the need for any additional 
information as well as any issues of concern.
    (e) Documents to the inspected operation. (1) At the time of the 
inspection, the inspector shall provide the operation's authorized 
representative with a receipt for any samples taken by the inspector. 
There shall be no charge to the inspector for the samples taken.
    (2) A copy of the on-site inspection report and any test results 
will be sent to the inspected operation by the certifying agent.