In case of non-compliance/violation of organic farming rules, control bodies apply sanctions to the operator. The non-compliances leading to sanctions and the sanction categories are explained below with examples based on regulations.
According to Article 42-Responsibilities of the operator and applicable sanctions (6) of the Turkish Regulation on the Principles and Implementation of Organic Farming published in the Official Gazette No. 27676; the sanctions to be applied to the operator by the control body are implemented according to the following provisions.
a) The operator is obliged to keep all kinds of records related to the traceability of all organic farming activities and to present them to the control body during the inspection. In case the documents are kept irregularly or incorrectly, the control body notifies the operators of the deficiencies and irregularities in detail and in writing. The control body grants the operator one month to correct the deficiencies and irregularities. At the end of this period, it checks again. If the deficiency has not been remedied, the control body applies the sanctions specified in its own quality manual.
b) In case practices contrary to the provisions of this Regulation are detected during the production stage; if the areas, animals, bees and aquaculture products where organic farming activities are carried out are in the conversion period, the control body extends the period, if completed, puts them back into the conversion period and notifies the operator in writing. At the end of the extended period, if it is determined that the operator has repeated practices contrary to the provisions of this Regulation, the contract of the operator is terminated and reported to the Ministry. In case of appeal or complaint, the Ministry requests information and documents related to the issue and initiates an investigation. As a result of the investigation, if it is determined that the operator continues to deliberately engage in practices contrary to the provisions of this Regulation; the Ministry bans the operator from organic production activities for five years and informs all control bodies.
Regarding organic production and labeling of organic products, Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018, Article 3 Definitions, has explained the definition of ‘non-compliance’. Accordingly;
Non-compliance means failure to comply with basic legislation or failure to comply with (supplementing) Regulations and implementing Regulations adopted under a delegation of authority pursuant to basic legislation.
With regard to the procedures for the recognition of control authorities and control bodies authorized to carry out controls on organic certified operators and operator groups and on organic products in third countries, the rules on their supervision and the rules on controls and other activities to be carried out by these control authorities and control bodies, the Regulation (EU) 2021/1698 of 13 July 2021 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council, pursuant to Article 22; control bodies shall develop a catalog of measures (sanctions) to be taken in the event of a non-compliance affecting the integrity of organic or in-conversion products at any stage of production, preparation and distribution, and ensure that references to organic production do not appear on inappropriate products in labeling and advertising.
This catalog of measures is based on the elements set out in Annex IV to Regulation (EU) 2021/1698. In short;
In minor non-compliance, the integrity of the organic or in-conversion product is still not affected,
In major non-compliance, the integrity of the organic or in-conversion product is affected, but the affected product can still be identified in the supply chain within the traceability system,
In critical non-compliance, the integrity of the organic or in-conversion product is affected and the affected product cannot be identified in the supply chain within the traceability system.
According to Annex IV, Part B of Regulation (EU) 2021/1698; the list of non-compliance situations and related classifications that must be included in the catalog of measures is published. This list is as follows. For example, in the case of intentional use of GMOs, the control body cannot determine minor or major non-compliance category, according to this list it must definitely determine ‘critical’ non-compliance category.
| Non-compliance | Category |
|---|---|
| Significant deviation between input and output calculation (mass balance) | Major |
| Absence of records demonstrating compliance with Regulation (EU) 2018/848 together with financial records | Critical |
| Intentional omission of information leading to missing records | Critical |
| Falsification of documents related to the certification of organic products | Critical |
| Intentional re-labeling of downgraded products as organic | Critical |
| Intentional mixing of organic products with in-conversion or non-organic products | Critical |
| Intentional use of substances or products not allowed under Regulation (EU) 2018/848 | Critical |
| Intentional use of GMOs | Critical |
| The operator refuses access to inspected facilities or to accounting records including financial records, or does not allow the control authority or control body to take samples | Critical |
The United States Department of Agriculture (USDA) National Organic Program NOP (=National Organic Program) has developed the definition of non-compliance within the definition of ‘adverse action’.
Adverse action. A noncompliance decision that adversely affects certification, accreditation, or a person subject to the Act, including a proposed suspension or revocation; a denial of certification, accreditation, or reinstatement; a cease and desist notice; or a civil penalty.
In addition to the relevant Regulation provisions within the USDA NOP Regulation, adverse actions and the procedures to be followed are explained step by step in great detail, especially in the guidance documents.
NOP 4002 Enforcement of the USDA Organic Regulations: Penalty Matrix
NOP 2605 Reinstating Suspended Operations
In addition; according to NOP Regulation § 205.501 (a) (15); the control body must maintain current and accurate data in the Organic Integrity Database for each operation which it certifies. Denials of certification and notifications of noncompliance, noncompliance correction, proposed suspension or revocation, and suspension or revocation cases must be indicated by the control body in the NOP Organic Integrity Database within a short time.