Getting a Notice of Noncompliance (NONC) or Minor Issue (MI) can feel a bit stressful, but honestly, they’re just a normal part of keeping your organic certification. Think of them as chances to get even better, not as a slap on the wrist. This article will break down what MIs and NONCs are all about, walk you through how to handle them, and give you some tips to keep them from popping up again.
What does it mean?
A Minor Issue (MI) is a problem that can usually be easily corrected, while a Noncompliance (NONC) requires more significant attention. Both indicate a violation of the National Organic Program (NOP) standards and result in notification from OneCert.
Receiving a NONC or MI does not always mean you’re in trouble. It simply means an issue has been identified that needs to be addressed. These are not “marks on your record”; they are simply issues that need to be fixed. This information is confidential between you and OneCert.
Remember, inspectors serve as the “eyes and ears” for the certifier and cannot make official compliance decisions. Even if you discuss a matter with an inspector, they must report their observations to OneCert for a final determination. The OneCert team reviews these facts and observations to decide if an issue requires correction. Therefore, an observation not specifically highlighted by an inspector as a major issue could be raised as a noncompliance by OneCert. Conversely, something an inspector flagged as a potential concern might be deemed a non-issue by the review team.
Common MI’s & NONC’s
Minor Issues:
- Use of an acceptable material not on the approved Input List. For example, use of an OMRI listed input.
- Use of a supplier not on the approved Supplier List, or failure to document supplier monitoring.
- Not having minor records available at inspection, such as equipment cleanout records or documentation that seed was untreated even though the seed was seen at inspection and verified to be untreated.
- Information that is not on file with OneCert and needs to be submitted.
While these situations may not put the organic integrity of your product at risk, they require a corrective action.
Noncompliances:
- Repeated violation of any of the above.
- Failed audits (traceability and/or mass balance) due to the lack of several key records.
- Failing to prevent contamination and commingling.
- Using a storage facility that is not part of the approved OSP.
- Producing a new product prior to approval by OneCert.
Violations resulting in a Notice of Noncompliance typically require both correction and a preventative action.
How to Respond
Upon receiving a MI or NONC letter, carefully read through the entire Notice. If you have any questions about the issue or regulations cited, contact OneCert for clarification. Keep in mind that while we can help you understand the problem, we cannot assist in finding ways to resolve or correct the issue. With every MI or NONC that is issued, OneCert also sends a document named Responding to Minor Issues and Noncompliances, which is a tool that OneCert has created to help you assemble your response.
What Makes a Good Response?
A good MI or NONC response is clear, comprehensive, and includes supporting documentation. It typically involves three essential components:
- Immediate Corrective Actions: Document what you have already done to address the issue. This could include reviewing recordkeeping practices, providing retraining, reorganizing records, or submitting missing information. Corrective Actions should be specific and directly address the root cause.
- Supporting Documentation: Provide proof that the Corrective Actions have been implemented. This includes photographs of corrected logs in use, records, labels, or repairs; training documentation with agendas, materials, and attendance lists; updated forms; and copies of revised policies or procedures.
- Preventive Measures: Implement systems to prevent recurrence. This might include regular audit procedures for required records, assigning staff to conduct routine checks of problem areas, or establishing systematic review processes. These measures should be specific, measurable, and sustainable. Note: Preventative measures are typically optional to include for Minor Issues but are mandatory for Noncompliance Issues.
Example Response Starter: “We have taken the following measures to correct these deficiencies: 1. Regarding [specific issue], we have…”
Key Success Factors
- Noncompliant Products: If products are involved, describe verifiable actions taken to control them, such as correcting labels, removing products from distribution, or implementing additional quality controls.
- Organization: Submit a complete package with clearly labeled documents. Include a summary for complex submissions.
- Preventive Plan: Unlike an MI response, a NONC response must include a preventive plan, even if brief, outlining how the issue will be handled going forward.
- Submission: When complete, all responses should be sent to info@onecert.com or mailed to the office.
- Meet Deadlines: Adhering to deadlines is crucial to prevent further action, such as denial, suspension or revocation.
- Completeness: Address all components of the MI or NONC letter thoroughly to avoid resubmission requests.
- Specificity: Provide concrete actions and documentation specific to the issue and your operation. Avoid generic responses.
- Understand the Regulations: Familiarize yourself with the USDA organic regulations found in 7 CFR Part 205, especially any sections cited within your Notice.
- Work with Onecert: We are your key partner in this process and must be kept informed.
- Implementation: After your response is accepted by OneCert, make sure you continue to implement your corrective actions, as they will be reviewed at your next inspection.
Effective compliance response requires systematic attention to immediate corrections, comprehensive documentation, and sustainable preventive measures. This approach reduces future issues and maintains a strong relationship with OneCert.
How to Avoid MI’s & NONC’s
The best way to avoid MI’s & NONC’s is to proactively update your Organic System Plan (OSP) any time you consider a change to your organic production. Submit the update to info@onecert.com for review before making any changes. This helps prevent MIs & NONCs and possible suspension of your certification.
Changes requiring OSP updates include:
- Change in management or authorized contacts
- Change in farm or livestock input materials
- Change or addition of processing aids
- Land parcel changes – addition, transfer, or withdrawal
- Updates to labels, including private labels and nonretail labels
- Change in how your crop will be handled post-harvest
- New organic products, including private labels
- Change to formulation of product or ingredient suppliers
- Facility relocation or change in equipment
- Change or addition of new equipment cleaners or facility pest control procedures
- Change in livestock inventory
- Change in livestock feed vendor or feed ration formulation
If you are unsure if a change will affect your OSP please reach out to OneCert to understand your next steps. Please remember to allow ample time for OneCert review. If you require a fast review, please ensure that you communicate your timeline to OneCert.
By actively managing your OSP and promptly addressing any issues, you can ensure a smooth certification process and uphold the integrity of your organic operation.