[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: 7CFR205.406]

[Page 408]
 
                          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. 205.406  Continuation of certification.

    (a) To continue certification, a certified operation must annually 
pay the certification fees and submit the following information, as 
applicable, to the certifying agent:
    (1) An updated organic production or handling system plan which 
includes:
    (i) A summary statement, supported by documentation, detailing any 
deviations from, changes to, modifications to, or other amendments made 
to the previous year's organic system plan during the previous year; and
    (ii) Any additions or deletions to the previous year's organic 
system plan, intended to be undertaken in the coming year, detailed 
pursuant to Sec. 205.200;
    (2) Any additions to or deletions from the information required 
pursuant to Sec. 205.401(b);
    (3) An update on the correction of minor noncompliances previously 
identified by the certifying agent as requiring correction for continued 
certification; and
    (4) Other information as deemed necessary by the certifying agent to 
determine compliance with the Act and the regulations in this part.
    (b) Following the receipt of the information specified in paragraph 
(a) of this section, the certifying agent shall within a reasonable time 
arrange and conduct an on-site inspection of the certified operation 
pursuant to Sec. 205.403: Except, That, when it is impossible for the 
certifying agent to conduct the annual on-site inspection following 
receipt of the certified operation's annual update of information, the 
certifying agent may allow continuation of certification and issue an 
updated certificate of organic operation on the basis of the information 
submitted and the most recent on-site inspection conducted during the 
previous 12 months: Provided, That, the annual on-site inspection, 
required pursuant to Sec. 205.403, is conducted within the first 6 
months following the certified operation's scheduled date of annual 
update.
    (c) If the certifying agent has reason to believe, based on the on-
site inspection and a review of the information specified in Sec. 
205.404, that a certified operation is not complying with the 
requirements of the Act and the regulations in this part, the certifying 
agent shall provide a written notification of noncompliance to the 
operation in accordance with Sec. 205.662.
    (d) If the certifying agent determines that the certified operation 
is complying with the Act and the regulations in this part and that any 
of the information specified on the certificate of organic operation has 
changed, the certifying agent must issue an updated certificate of 
organic operation pursuant to Sec. 205.404(b).