Aim :

To decide correct sanction for the detected non-conformities.

Background :

When an irregularity is committed by the operator in terms of Section-3 of NPOP, the entire lot or production affected by irregularity will be removed from the production site / chain and sanctions shall be imposed on the operator.

Normative framework :

NPOP:

14.1: Instances of non-compliance and the active measures taken by internal inspection body with special reference to sanctions shall be assessed from the documentation.

14.3: on detection of non-compliance by the group or its individual operators and failure of the internal control system, shall invoke sanctions on the group. The sanction shall also include provisions for withdrawal of certification of the whole group.

5.10.3: If the ICS sanction farmer/s, the operator must provide list of farmers who have been issued sanctions with the reason and the duration of the sanction (if relevant).

5. 11: In case of severe non-compliance, the results will be reported immediately to the IQS manager and all measures will be taken according to the internal sanction procedures.

NOP AND COS:

§ 205.662 Noncompliance procedure for certified operations.

Notification:  When an inspection, review, or investigation of a certified operation by a certifying agent or a State organic program‘s governing State official reveals any noncompliance with the Act or regulations in this part, a written notification of noncompliance shall be sent to the certified operation. 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 certified operation must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.

(b) Resolution:  When a certified operation demonstrates that each noncompliance has been resolved, the certifying agent or the State organic program‘s governing State official, as applicable, shall send the certified operation a written notification of noncompliance resolution.

(c) Proposed suspension or revocation:  When rebuttal is unsuccessful or correction of the noncompliance is not completed within the prescribed time period, the certifying agent or State organic program‘s governing State official shall send the certified operation a written notification of proposed suspension or revocation of certification of the entire operation or a portion of the operation, as applicable to the noncompliance. When correction of a noncompliance is not possible, the notification of noncompliance and the proposed suspension or revocation of certification may be combined in one notification. The notification of proposed suspension or revocation of certification shall state:

1. The reasons for the proposed suspension or revocation;
2. The proposed effective date of such suspension or revocation;
3. The impact of a suspension or revocation on future eligibility for certification; and
4. The right to request mediation pursuant to § 205.663 or to file an appeal pursuant to

Terms, Clarifications, Cations, abbreviations :

Non-conformity: Deviation or irregularity from the NPOP, COS or NOP USDA Standards.

Sanction: The penalty for non compliance.

Policy :

Type of non conformity:

Severe non-conformities or infringements: Whenever the inspector detects a severe non-conformity, he/she should report to the certifier immediately and the certifier will take appropriate action (partial suspension or withdrawal of certificate). If the certifier finds it different to take a decision, Managing Director will be involved.

Major or sever deficiencies: All the major non conformities will be communicated to the operator during debriefing the inspection finding and the operator has to give the correction action/s and the time taken to implement the same. Certification decision will not be taken unless all the major nonconformities were closed (correction actions implemented).

Minor deficiencies/minor non-conformities: The inspector will debrief the minor conformities or observation during end of the inspection and the operator has to give the correction action and the deadline for the implementation. Certification decision will be taken even if there is a minor non-conformity in the project.

The certification Manager is the final authority to categorise the detected non-conformity before certification decision has been taken. The operator will be communicated if the certification committee make the changes against inspector/s categorisation of the non-conformities, which is mentioned in the concerned Organic Management Plan signed the legal Representative of the Operator/Company and the inspector/s.