Iowa Admin. Code r. 21-47.10

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 21-47.10 - Compliance

(1)Enforcement and investigations. The department and the attorney general shall enforce Iowa Code chapter 190C and this chapter pursuant to Iowa Code chapter 190C.

(2)Complaints. Any person may submit a written complaint to the department regarding a suspected violation of Iowa Code chapter 190C and this chapter pursuant to Iowa Code section 190C.22(2). Such signed complaints shall be submitted on the required form provided by the department upon request.

(3)Inspection and testing, reporting and exclusion from sale -unscheduled inspection. All parties making an organic claim may be subject to an unscheduled on-site inspection, review of records and sampling if deemed necessary by the department pursuant to Iowa Code sections 190C.22(3), 190C.22(4), and 190C.24(1) to verify compliance.

(4)Adverse action appeal process.

a.Appeals. Appeal procedures are established pursuant to Iowa Code section 190C.3(6) under 21-Chapter 2. The department may receive and process appeals regarding organic certification to the extent authorized by the national organic program. Procedures and restrictions concerning the hearing of appeals shall apply.

b.Written appeal. Except as specifically provided in the Iowa Code or elsewhere in the Iowa Administrative Code, a person who wishes to appeal an action or proposed action of the department which adversely affects the person shall file a written appeal with the department within 30 calendar days of the action or notice of the intended action. A written notice of appeal shall be considered filed on the date of the postmark if the notice is mailed. The failure to file timely shall be deemed a waiver of the right to appeal.

c.Records. Records of all appeals, complaints and disputes, and remedial actions relative to certification shall be maintained by the department for a minimum often years. Records shall include documentation of appropriate subsequent action taken and its effectiveness.

Iowa Admin. Code r. 21-47.10

Amended by IAB January 31, 2018/Volume XL, Number 16, effective 3/7/2018