Section 1391.6 - Mediation of Denial, Suspension or Revocation of Organic Certification(a) If a certification agent proposes the denial, suspension or revocation of the organic certification of an agricultural production or handling operation, pursuant to 1391.5(a), they may voluntarily participate in mediation prior to the filing of a formal administrative proceeding by the Secretary. If they enter into mediation after the filing of an appeal with the Secretary, but before the commencement of a formal administrative proceeding, pursuant to 1391.5(c), they shall inform the Secretary of their decision to do so. Upon the conclusion of a mediation session, they have 30 days to reach a settlement agreement. Mediation process must be consistent with Title 7, Code of Federal Regulations, Section 205.663. (1) Any settlement agreement shall be in compliance with the requirements of the State Organic Program.(2) The parties shall submit any proposed settlement agreement to the Secretary for review.(3) Upon receipt, the Secretary shall review proposed settlements for conformity with the requirements of the State Organic Program, and reject any agreement or provision that does not comply with the requirements of the Program. If the Secretary rejects a provision or provisions of the proposed settlement, the parties must affirmatively agree to accept the settlement in the form as approved by the Secretary.(b) The Secretary may establish a list of qualified mediators, but the certification agent and the certified operation or applicant for certification may voluntarily agree upon the choice of a mediator that is not on the list.(c) Compensation of the mediator, if other than the County Agricultural Commissioners or Secretary, and any other associated costs shall be the responsibility of the certification agent and the certified operation or applicant for certification. The mediator, the certification agent and the certified operation or applicant for certification shall enter into a written agreement regarding compensation and costs before the commencement of mediation. County Agricultural Commissioners may be reimbursed for expenses incurred in conducting mediation by the Secretary as agreed to within the organic program contract or memorandum of understanding.(d) Formal administrative proceedings shall be conducted in accordance with the provisions of Government Code, Section 11500 et seq.Cal. Code Regs. Tit. 3, § 1391.6
1. Renumbering and amendment of former section 1391.1 to new section 1391.6 filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41). Note: Authority cited: Sections 407, 46000, 46001 and 46002, Food and Agricultural Code. Reference: Sections 401 and 46016.5, Food and Agricultural Code.
1. Renumbering and amendment of former section 1391.1 to new section 1391.6 filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41).