[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: 7CFR205.507]

[Page 414]
 
                          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. 205.507  Denial of accreditation.

    (a) If the Program Manager has reason to believe, based on a review 
of the information specified in Sec. Sec. 205.503 through 205.505 or 
after a site evaluation as specified in Sec. 205.508, that an applicant 
for accreditation is not able to comply or is not in compliance with the 
requirements of the Act and the regulations in this part, the Program 
Manager shall provide a written notification of noncompliance to the 
applicant. Such notification shall provide:
    (1) A description of each noncompliance;
    (2) The facts upon which the notification of noncompliance is based; 
and
    (3) The date by which the applicant must rebut or correct each 
noncompliance and submit supporting documentation of each such 
correction when correction is possible.
    (b) When each noncompliance has been resolved, the Program Manager 
will send the applicant a written notification of noncompliance 
resolution and proceed with further processing of the application.
    (c) If an applicant fails to correct the noncompliances, fails to 
report the corrections by the date specified in the notification of 
noncompliance, fails to file a rebuttal of the notification of 
noncompliance by the date specified, or is unsuccessful in its rebuttal, 
the Program Manager will provide the applicant with written notification 
of accreditation denial. An applicant who has received written 
notification of accreditation denial may apply for accreditation again 
at any time in accordance with Sec. 205.502, or appeal the denial of 
accreditation in accordance with Sec. 205.681 by the date specified in 
the notification of accreditation denial.
    (d) If the certifying agent was accredited prior to the site 
evaluation and the certifying agent fails to correct the noncompliances, 
fails to report the corrections by the date specified in the 
notification of noncompliance, or fails to file a rebuttal of the 
notification of noncompliance by the date specified, the Administrator 
will begin proceedings to suspend or revoke the certifying agent's 
accreditation. A certifying agent who has had its accreditation 
suspended may at any time, unless otherwise stated in the notification 
of suspension, submit a request to the Secretary for reinstatement of 
its accreditation. The request must be accompanied by evidence 
demonstrating correction of each noncompliance and corrective actions 
taken to comply with and remain in compliance with the Act and the 
regulations in this part. A certifying agent whose accreditation is 
revoked will be ineligible for accreditation for a period of not less 
than 3 years following the date of such determination.