5‑11 Secretary must be notified of criti5‑11 Secretary must be notified of critical non‑compliance

5‑11 Secretary must be notified of critical non‑compliance

(1) The holder of an approved arrangement must notify the Secretary immediately if any of the following persons becomes aware of a critical non‑compliance in carrying out organic goods certification operations in accordance with the approved arrangement: (a) the holder of the approved arrangement; (b) a person who manages or controls the operations; (c) a person who carries out the operations in accordance with the approved arrangement; (d) a person who conducts internal audits in relation to the operations as required by section 5‑10. (2) For the purposes of subsection (1), a critical non‑compliance is a failure (or a combination of failures): (a) to comply with a requirement for prescribed organic goods provided by the approved arrangement or the conditions of the approved arrangement; or (b) to meet applicable importing country requirements for prescribed organic goods; or (c) that prevents an accurate assessment being made as to whether the requirements referred to in paragraphs (a) and (b) are being complied with or met. (3) If the holder of an approved arrangement gives a notification under subsection (1) orally, the holder must, as soon as practicable after giving the notification, also give the notification in writing.