(a) Notification. When an inspection, review, or investigation
of a certified transitional operation or an operation in transitional
application status reveals any noncompliance with regulations in this
chapter, a written notification of noncompliance shall be sent to
the 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 an operation demonstrates that
each noncompliance has been resolved, the department shall send the
operation a written notification of noncompliance resolution.
(c) Denial of application for transitional certification.
When rebuttal is unsuccessful or correction of the noncompliance is
not completed within the prescribed time period, the department shall
send the applicant a written notification of denial of transitional
certification of the entire operation or a portion of the operation,
as applicable to the noncompliance.
(d) Suspension. If a certified transitional operation
fails to correct the noncompliance or to resolve the issue through
rebuttal, the department shall send the operation a written notification
of suspension.
(e) Eligibility. A certified operation or a person
responsibly connected with an operation whose transitional certification
was previously suspended will be eligible to apply for transitional
certification at any time but must provide documentation as evidence
that all areas of noncompliance with 7 CFR Part 205 and the rules
in this part have been resolved.
(f) Violations of this Chapter. Any operation that:
(1) knowingly sells or labels a product as being certified
organic or certified transitional by the department, except in accordance
with this chapter, shall be subject to a civil penalty not more than
the amount specified in §18.009 of the Texas Agriculture Code.
(2) makes a false statement under this chapter to a
certifying agent shall be subject to the provisions of the Texas Agriculture
Code, §18.008.
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