Letter from USDA

MullersLaneFarm · #1 01/15/08, 08:15 AM

Don't think the USDA crawls the web looking for small producers?? We received a letter from the USDA in the mail yesterday. It says:

Quote:

Dear Sirs:

We have received a complaint that Muller's lane Farm is marketing produce and herbs as organically produced and process without being certified by an accredited National Organic Program (NOP) agent. A copy of the evidence presented to us in support of this allegation is included and enclosed for your information. Any highlighting on these documents was made by the complainant in support of their allegation.

The Organic Foods Production Act of 1990 (7 U.S.C. 6501-6522) was enacted to establish national standards governing the marketing of certain agricultural products as organically produced and to assure customers that organically produced products meet consistent standard.

The rules and regulations implementing the Act state in 7 C.F.R. Section 205.100 that except for operations exempt or excluded, each production or handling operation that produces or handles crops, livestock, livestock products, or other agricultural products that are intended to be sold, labeled or represented as "100 percent organic," "organic," or "made with organic" product must be certified by an accredited agent.

We are requesting that within 20 days of receipt of this letter, you provide us a written response to the allegation that you are selling product as organic without being certified. Should you not currently be in compliance with the NOP regarding organic production and labeling please include the remedial actions you have initiated to become compliant with the Act.

The National Organic Program has a website located at www.ams.usda.gov/nop. Information listed at the website provides all the pertinent information you should need to review your organic status and to prepare a response. Additionally, you will find the act and regulations at this website.

Please send your response to:

NOP Compliance
Agricultural Marketing Service
United States Department of Agriculture
2202 Monterey St. Suite 102-D
Fresno, CA 93721

Should you have any questions regarding the preparation of your response, you may contact me or Compliance Officer William H. Bent at 559-487-5948. Thanking you in advance for your cooperation and prompt reply.

Sincerely,

Ashley DeFranco
United States Department of Agriculture
Agricultural Marketing Service
Compliance, Safety, and Security Division
Compliance Branch

Enclosure

cc: Mark Bradley
NOP-528-08

We fall well within the exempt status so a quick letter back should take care of this matter.

Just a warning to all of you that Big Brother is watching.

LamiPub · #2 01/15/08, 08:23 AM

Interesting. I am curious did they tell you "who" filed the complaint?

Marilyn · #3 01/15/08, 08:29 AM

I'm curious. What are the parameters for exempt status?

**ladycat** · #4 01/15/08, 08:33 AM

Quote:

Originally Posted by Marilyn

I'm curious. What are the parameters for exempt status?

I believe you're exempt if you sell less than $5000 worth a year.

veme · #5 01/15/08, 08:43 AM

Big Brother is watching alright

USDA needs to be dissolved along with quite a few other federal government agencies.

USDA & the FDA are Corporate America's favorite wh**res and little more than front men for special interest & big agr biz.
A total waste of our tax dollars!!!!!!!!!

**ladycat** · #6 01/15/08, 08:50 AM

Quote:

Originally Posted by veme

USDA & the FDA are Corporate America's favorite wh**res and little more than front men for special interest & big agr biz.
A total waste of our tax dollars!!!!!!!!!

Ain't that the truth!!

sammyd · #7 01/15/08, 09:41 AM

Maybe you p@ssed someone off so they turned you in.

texican · #8 01/15/08, 09:52 AM

Agree with sammyd... you might have rubbed a competitor along the way the wrong way...

IF, the USDA is monitoring websites, and the internet... I want that JOB!!! (as I fall into a swoon...

) get to work each day, sit back in my comfy lazyboy recliner, and start clicking the mouse, lookin for lawbreakers... Oops, coffee break... hmmmm... what to do, as surfing is what I'd normally do during a coffee break...

Sorry about your letter...

a lot better a letter from USDA instead of the IRS... got one of those last week! and thank goodness it was a paperwork snafu... when I first read it I almost had heebie jeebie attack.

palani · #9 01/15/08, 10:03 AM

If you don't have a contract with them (and even if you do) I don't think I would send them a signature without at least a statement reserving all rights without prejudice. Why enter into another contract when you don't need to?

MELOC · #10 01/15/08, 10:29 AM

i am curious as to the evidence gleened that implies you were in violation. i can only assume you are making the organic claims and still operating within the $5000 cap. in that case, the USDA would have no way of actually knowing how much you make unless they have tax info. i agree that there is a possibility that someone snitched you out hoping for trouble. then again, i am sure there are bots that crawl all through the web looking for folks like you.

good luck!

greenhaven · #11 01/15/08, 10:32 AM

Don't these people have better things to do with their time? Grr!!! I am curious, too; what was their "proof?"

Sorry, Cyndi....

greenhaven · #12 01/15/08, 10:36 AM

From the NOP website:
http://www.ams.usda.gov/nop/FactShee...kgrounder.html

"Farms and handling operations that sell less than $5,000 a year in organic agricultural products are exempt from certification. They may label their products organic if they abide by the standards, but they cannot display the USDA Organic Seal. Retail operations, such as grocery stores and restaurants, do not have to be certified. "

Jim S. · #13 01/15/08, 10:40 AM

Yes, and I am GLAD the government is watching this. The federal organic standards are not what I would like to see, but even these laxer standards are being abused by folks who say they are organic without actually falling under them. I'm happy the government is taking seriously its enforcement role, even if I think the standards they adopted are too lenient.

rambler · #14 01/15/08, 10:44 AM

The USDA is really into information, they rarely go after anyone unless there is a complaint.

Someone is on your case & turned you in.

It just wouldn't fit that USDA is out looking for trouble on their own. They don't operate that way.

If they get a complaint they have to follow up on it.

Someone wants to make trouble for you, not the USDA itself. imho

--->Paul

**ladycat** · #15 01/15/08, 10:48 AM

Quote:

Originally Posted by rambler

The USDA is really into information, they rarely go after anyone unless there is a complaint.

Someone is on your case & turned you in.

It just wouldn't fit that USDA is out looking for trouble on their own. They don't operate that way.

If they get a complaint they have to follow up on it.

Someone wants to make trouble for you, not the USDA itself. imho

--->Paul

I agree.

**ladycat** · #16 01/15/08, 10:50 AM

Quote:

Originally Posted by Jim S.

Yes, and I am GLAD the government is watching this. The federal organic standards are not what I would like to see, but even these laxer standards are being abused by folks who say they are organic without actually falling under them. I'm happy the government is taking seriously its enforcement role, even if I think the standards they adopted are too lenient.

I agree with that too. Some standards are better than none. Even though in general USDA organic standards are a joke.

BTO · #17 01/15/08, 11:11 AM

For what it's worth BTO stands for "better than organic". If anyone asks it allows me to give them my "sales pitch" about free range, no cages etc without being hassled by big brother.

BlueHeronFarm · #18 01/15/08, 11:18 AM

Quote:

Originally Posted by rambler

The USDA is really into information, they rarely go after anyone unless there is a complaint.

It just wouldn't fit that USDA is out looking for trouble on their own. They don't operate that way.

Someone wants to make trouble for you, not the USDA itself. imho

--->Paul

Ever read "Mad Sheep"?

rambler · #19 01/15/08, 11:19 AM

Quote:

Originally Posted by BTO

For what it's worth BTO stands for "better than organic". If anyone asks it allows me to give them my "sales pitch" about free range, no cages etc without being hassled by big brother.

Your message timing is a hoot, I just wrote about 'BTO' in a different thread here.

In mainstream farming, BTO stands for 'Big Time Operator' and is a derogitory term, meaning the bully guy in the county who wants to be bigger & operate more than anyone else, more interested in boasting & controling more acres than in doing a good job of farming. Reputation as a jerk.

You might want to be careful about introducing yourself as the best 'BTO' in the county.

Thanks for the chuckle, didn't mean to highjack the thread.

--->Paul

RosewoodfarmVA · #20 01/15/08, 11:44 AM

Judging by the numerous spelling and other errors in the letter, I would question if it even came from USDA. Probably there are scammers out there looking for small farms that they could hassle to get private info from. Don't send a letter with any personal info, but instead ask them to come visit you to discuss things personally. That way you know they are genuine. If it really is USDA, they wouldn't mind doing a visit. In this day of scammers everywhere, that letter sounds suspicious to me!