Iowa Code r. 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 of ten years.
Records shall include documentation of appropriate subsequent action taken and
its effectiveness.
Notes
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