69-47-23 - Inspections of normal production, post-harvest, and sales activity; stop sale orders; filing of complaints; records of complaints, investigations, and remedial actions.
§ 69-47-23. Inspections of normal production, post-harvest, and sales activity; stop sale orders; filing of complaints; records of complaints, investigations, and remedial actions.
(1) The department shall perform inspections of certified producers, processors, retailers, distributors and applicants for certification at a time when normal production, post-harvest or sales activity can be observed.
(2) The department may issue a stop sale on products that falsely or erroneously claim to be organic. The stop sale may be lifted at such time as the seller can show:
(a) That the products were organically managed in compliance with this chapter and regulations or that of the state of origin; or
(b) That he agrees to drop any claim that the products were organically produced.
(3) The department may conduct unannounced inspections in cases of suspected violations of standards.
(4) Any person with cause to believe that any provision of this chapter has been violated may file a written or oral complaint with the department setting forth the facts of the alleged violation.
(5) The department shall maintain for three (3) years records of all complaints, investigations, and remedial actions. These records shall become part of the reviewing record of any proceeding involving a certified person or applicant for certification.
Sources: Laws, 2000, ch. 600, § 12, eff from and after July 1, 2000.