US (United States) Code. Title 7. Chapter 94: Organic Certification

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

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publicidad

-CITE-

7 USC CHAPTER 94 - ORGANIC CERTIFICATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

.

-HEAD-

CHAPTER 94 - ORGANIC CERTIFICATION

-MISC1-

Sec.

6501. Purposes.

6502. Definitions.

6503. National organic production program.

(a) In general.

(b) State program.

(c) Consultation.

(d) Certification.

6504. National standards for organic production.

6505. Compliance requirements.

(a) Domestic products.

(b) Imported products.

(c) Exemptions for processed food.

(d) Small farmer exemption.

6506. General requirements.

(a) In general.

(b) Discretionary requirements.

(c) State program.

(d) Availability of fees.

6507. State organic certification program.

(a) In general.

(b) Additional requirements.

(c) Review and other determinations.

6508. Prohibited crop production practices and materials.

(a) Seed, seedlings and planting practices.

(b) Soil amendments.

(c) Crop management.

6509. Animal production practices and materials.

(a) In general.

(b) Breeder stock.

(c) Practices.

(d) Health care.

(e) Additional guidelines.

(f) Livestock identification.

(g) Notice and public comment.

6510. Handling.

(a) In general.

(b) Meat.

6511. Additional guidelines.

(a) In general.

(b) Preharvest testing.

(c) Compliance review.

(d) Recordkeeping requirements.

6512. Other production and handling practices.

6513. Organic plan.

(a) In general.

(b) Crop production farm plan.

(c) Livestock plan.

(d) Mixed crop livestock production.

(e) Handling plan.

(f) Management of wild crops.

(g) Limitation on content of plan.

6514. Accreditation program.

(a) In general.

(b) Requirements.

(c) Duration of designation.

6515. Requirements of certifying agents.

(a) Ability to implement requirements.

(b) Inspectors.

(c) Recordkeeping.

(d) Agreement.

(e) Private certifying agent agreement.

(f) Compliance with program.

(g) Confidentiality.

(h) Conflict of interest.

(i) Administrator.

(j) Loss of accreditation.

6516. Peer review of certifying agents.

(a) Peer review.

(b) Peer review panel.

6517. National List.

(a) In general.

(b) Content of list.

(c) Guidelines for prohibitions or exemptions.

(d) Procedure for establishing National List.

(e) Sunset provision.

6518. National Organic Standards Board.

(a) In general.

(b) Composition of Board.

(c) Appointment.

(d) Term.

(e) Meetings.

(f) Compensation and expenses.

(g) Chairperson.

(h) Quorum.

(i) Decisive votes.

(j) Other terms and conditions.

(k) Responsibilities of Board.

(l) Requirements.

(m) Evaluation.

(n) Petitions.

(o) Confidentiality.

6519. Violations of chapter.

(a) Misuse of label.

(b) False statement.

(c) Ineligibility.

(d) Reporting of violations.

(e) Violations by certifying agent.

(f) Effect of other laws.

6520. Administrative appeal.

(a) Expedited appeals procedure.

(b) Appeal of final decision.

6521. Administration.

(a) Regulations.

(b) Assistance to State.

6522. Authorization of appropriations.

6523. National organic certification cost-share program.

(a) In general.

(b) Federal share.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 6523 of this title.

-CITE-

7 USC Sec. 6501 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6501. Purposes

-STATUTE-

It is the purpose of this chapter -

(1) to establish national standards governing the marketing of

certain agricultural products as organically produced products;

(2) to assure consumers that organically produced products meet

a consistent standard; and

(3) to facilitate interstate commerce in fresh and processed

food that is organically produced.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2102, Nov. 28, 1990, 104 Stat.

3935.)

-MISC1-

SHORT TITLE

Section 2101 of title XXI of Pub. L. 101-624 provided that:

''This title (enacting this chapter) may be cited as the 'Organic

Foods Production Act of 1990'.''

-CITE-

7 USC Sec. 6502 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6502. Definitions

-STATUTE-

As used in this chapter:

(1) Agricultural product

The term ''agricultural product'' means any agricultural

commodity or product, whether raw or processed, including any

commodity or product derived from livestock that is marketed in

the United States for human or livestock consumption.

(2) Botanical pesticides

The term ''botanical pesticides'' means natural pesticides

derived from plants.

(3) Certifying agent

The term ''certifying agent'' means the chief executive officer

of a State or, in the case of a State that provides for the

Statewide election of an official to be responsible solely for

the administration of the agricultural operations of the State,

such official, and any person (including private entities) who is

accredited by the Secretary as a certifying agent for the purpose

of certifying a farm or handling operation as a certified organic

farm or handling operation in accordance with this chapter.

(4) Certified organic farm

The term ''certified organic farm'' means a farm, or portion of

a farm, or site where agricultural products or livestock are

produced, that is certified by the certifying agent under this

chapter as utilizing a system of organic farming as described by

this chapter.

(5) Certified organic handling operation

The term ''certified organic handling operation'' means any

operation, or portion of any handling operation, that is

certified by the certifying agent under this chapter as utilizing

a system of organic handling as described under this chapter.

(6) Crop year

The term ''crop year'' means the normal growing season for a

crop as determined by the Secretary.

(7) Governing State official

The term ''governing State official'' means the chief executive

official of a State or, in the case of a State that provides for

the Statewide election of an official to be responsible solely

for the administration of the agricultural operations of the

State, such official, who administers an organic certification

program under this chapter.

(8) Handle

The term ''handle'' means to sell, process or package

agricultural products.

(9) Handler

The term ''handler'' means any person engaged in the business

of handling agricultural products, except such term shall not

include final retailers of agricultural products that do not

process agricultural products.

(10) Handling operation

The term ''handling operation'' means any operation or portion

of an operation (except final retailers of agricultural products

that do not process agricultural products) that -

(A) receives or otherwise acquires agricultural products; and

(B) processes, packages, or stores such products.

(11) Livestock

The term ''livestock'' means any cattle, sheep, goats, swine,

poultry, equine animals used for food or in the production of

food, fish used for food, wild or domesticated game, or other

nonplant life.

(12) National List

The term ''National List'' means a list of approved and

prohibited substances as provided for in section 6517 of this

title.

(13) Organic plan

The term ''organic plan'' means a plan of management of an

organic farming or handling operation that has been agreed to by

the producer or handler and the certifying agent and that

includes written plans concerning all aspects of agricultural

production or handling described in this chapter including crop

rotation and other practices as required under this chapter.

(14) Organically produced

The term ''organically produced'' means an agricultural product

that is produced and handled in accordance with this chapter.

(15) Person

The term ''person'' means an individual, group of individuals,

corporation, association, organization, cooperative, or other

entity.

(16) Pesticide

The term ''pesticide'' means any substance which alone, in

chemical combination, or in any formulation with one or more

substances, is defined as a pesticide in the Federal Insecticide,

Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).

(17) Processing

The term ''processing'' means cooking, baking, heating, drying,

mixing, grinding, churning, separating, extracting, cutting,

fermenting, eviscerating, preserving, dehydrating, freezing, or

otherwise manufacturing, and includes the packaging, canning,

jarring, or otherwise enclosing food in a container.

(18) Producer

The term ''producer'' means a person who engages in the

business of growing or producing food or feed.

(19) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(20) State organic certification program

The term ''State organic certification program'' means a

program that meets the requirements of section 6506 of this

title, is approved by the Secretary, and that is designed to

ensure that a product that is sold or labeled as ''organically

produced'' under this chapter is produced and handled using

organic methods.

(21) Synthetic

The term ''synthetic'' means a substance that is formulated or

manufactured by a chemical process or by a process that

chemically changes a substance extracted from naturally occurring

plant, animal, or mineral sources, except that such term shall

not apply to substances created by naturally occurring biological

processes.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2103, Nov. 28, 1990, 104 Stat.

3935.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in par. (16), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is

classified generally to subchapter II (Sec. 136 et seq.) of chapter

6 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 136 of this title

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7401 of this title.

-CITE-

7 USC Sec. 6503 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6503. National organic production program

-STATUTE-

(a) In general

The Secretary shall establish an organic certification program

for producers and handlers of agricultural products that have been

produced using organic methods as provided for in this chapter.

(b) State program

In establishing the program under subsection (a) of this section,

the Secretary shall permit each State to implement a State organic

certification program for producers and handlers of agricultural

products that have been produced using organic methods as provided

for in this chapter.

(c) Consultation

In developing the program under subsection (a) of this section,

and the National List under section 6517 of this title, the

Secretary shall consult with the National Organic Standards Board

established under section 6518 of this title.

(d) Certification

The Secretary shall implement the program established under

subsection (a) of this section through certifying agents. Such

certifying agents may certify a farm or handling operation that

meets the requirements of this chapter and the requirements of the

organic certification program of the State (if applicable) as an

organically certified farm or handling operation.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2104, Nov. 28, 1990, 104 Stat.

3937.)

-CITE-

7 USC Sec. 6504 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6504. National standards for organic production

-STATUTE-

To be sold or labeled as an organically produced agricultural

product under this chapter, an agricultural product shall -

(1) have been produced and handled without the use of synthetic

chemicals, except as otherwise provided in this chapter;

(2) except as otherwise provided in this chapter and excluding

livestock, not be produced on land to which any prohibited

substances, including synthetic chemicals, have been applied

during the 3 years immediately preceding the harvest of the

agricultural products; and

(3) be produced and handled in compliance with an organic plan

agreed to by the producer and handler of such product and the

certifying agent.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2105, Nov. 28, 1990, 104 Stat.

3937; Pub. L. 102-237, title X, Sec. 1001(1), Dec. 13, 1991, 105

Stat. 1893.)

-MISC1-

AMENDMENTS

1991 - Par. (2). Pub. L. 102-237 substituted ''; and'' for period

at end.

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7 USC Sec. 6505 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6505. Compliance requirements

-STATUTE-

(a) Domestic products

(1) In general

On or after October 1, 1993 -

(A) a person may sell or label an agricultural product as

organically produced only if such product is produced and

handled in accordance with this chapter; and

(B) no person may affix a label to, or provide other market

information concerning, an agricultural product if such label

or information implies, directly or indirectly, that such

product is produced and handled using organic methods, except

in accordance with this chapter.

(2) USDA standards and seal

A label affixed, or other market information provided, in

accordance with paragraph (1) may indicate that the agricultural

product meets Department of Agriculture standards for organic

production and may incorporate the Department of Agriculture

seal.

(b) Imported products

Imported agricultural products may be sold or labeled as

organically produced if the Secretary determines that such products

have been produced and handled under an organic certification

program that provides safeguards and guidelines governing the

production and handling of such products that are at least

equivalent to the requirements of this chapter.

(c) Exemptions for processed food

Subsection (a) of this section shall not apply to agricultural

products that -

(1) contain at least 50 percent organically produced

ingredients by weight, excluding water and salt, to the extent

that the Secretary, in consultation with the National Organic

Standards Board and the Secretary of Health and Human Services,

has determined to permit the word ''organic'' to be used on the

principal display panel of such products only for the purpose of

describing the organically produced ingredients; or

(2) contain less than 50 percent organically produced

ingredients by weight, excluding water and salt, to the extent

that the Secretary, in consultation with the National Organic

Standards Board and the Secretary of Health and Human Services,

has determined to permit the word ''organic'' to appear on the

ingredient listing panel to describe those ingredients that are

organically produced in accordance with this chapter.

(d) Small farmer exemption

Subsection (a)(1) of this section shall not apply to persons who

sell no more than $5,000 annually in value of agricultural

products.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2106, Nov. 28, 1990, 104 Stat.

3937.)

-CITE-

7 USC Sec. 6506 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6506. General requirements

-STATUTE-

(a) In general

A program established under this chapter shall -

(1) provide that an agricultural product to be sold or labeled

as organically produced must -

(A) be produced only on certified organic farms and handled

only through certified organic handling operations in

accordance with this chapter; and

(B) be produced and handled in accordance with such program;

(2) require that producers and handlers desiring to participate

under such program establish an organic plan under section 6513

of this title;

(3) provide for procedures that allow producers and handlers to

appeal an adverse administrative determination under this

chapter;

(4) require each certified organic farm or each certified

organic handling operation to certify to the Secretary, the

governing State official (if applicable), and the certifying

agent on an annual basis, that such farm or handler has not

produced or handled any agricultural product sold or labeled as

organically produced except in accordance with this chapter;

(5) provide for annual on-site inspection by the certifying

agent of each farm and handling operation that has been certified

under this chapter;

(6) require periodic residue testing by certifying agents of

agricultural products that have been produced on certified

organic farms and handled through certified organic handling

operations to determine whether such products contain any

pesticide or other nonorganic residue or natural toxicants and to

require certifying agents, to the extent that such agents are

aware of a violation of applicable laws relating to food safety,

to report such violation to the appropriate health agencies;

(7) provide for appropriate and adequate enforcement

procedures, as determined by the Secretary to be necessary and

consistent with this chapter;

(8) protect against conflict-of-interest as specified under

section 6515(h) of this title;

(9) provide for public access to certification documents and

laboratory analyses that pertain to certification;

(10) provide for the collection of reasonable fees from

producers, certifying agents and handlers who participate in such

program; and

(11) require such other terms and conditions as may be

determined by the Secretary to be necessary.

(b) Discretionary requirements

An organic certification program established under this chapter

may -

(1) provide for the certification of an entire farm or handling

operation or specific fields of a farm or parts of a handling

operation if -

(A) in the case of a farm or field, the area to be certified

has distinct, defined boundaries and buffer zones separating

the land being operated through the use of organic methods from

land that is not being operated through the use of such

methods;

(B) the operators of such farm or handling operation maintain

records of all organic operations separate from records

relating to other operations and make such records available at

all times for inspection by the Secretary, the certifying

agent, and the governing State official; and

(C) appropriate physical facilities, machinery, and

management practices are established to prevent the possibility

of a mixing of organic and nonorganic products or a penetration

of prohibited chemicals or other substances on the certified

area; and

(2) provide for reasonable exemptions from specific

requirements of this chapter (except the provisions of section

6511 of this title) with respect to agricultural products

produced on certified organic farms if such farms are subject to

a Federal or State emergency pest or disease treatment program.

(c) State program

A State organic certification program approved under this chapter

may contain additional guidelines governing the production or

handling of products sold or labeled as organically produced in

such State as required in section 6507 of this title.

(d) Availability of fees

(1) Account

Fees collected under subsection (a)(10) of this section

(including late payment penalties and interest earned from

investment of the fees) shall be credited to the account that

incurs the cost of the services provided under this chapter.

(2) Use

The collected fees shall be available to the Secretary, without

further appropriation or fiscal-year limitation, to pay the

expenses of the Secretary incurred in providing accreditation

services under this chapter.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2107, Nov. 28, 1990, 104 Stat.

3938; Pub. L. 105-185, title VI, Sec. 601(a), June 23, 1998, 112

Stat. 585.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-185 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6502, 6515 of this title.

-CITE-

7 USC Sec. 6507 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6507. State organic certification program

-STATUTE-

(a) In general

The governing State official may prepare and submit a plan for

the establishment of a State organic certification program to the

Secretary for approval. A State organic certification program must

meet the requirements of this chapter to be approved by the

Secretary.

(b) Additional requirements

(1) Authority

A State organic certification program established under

subsection (a) of this section may contain more restrictive

requirements governing the organic certification of farms and

handling operations and the production and handling of

agricultural products that are to be sold or labeled as

organically produced under this chapter than are contained in the

program established by the Secretary.

(2) Content

Any additional requirements established under paragraph (1)

shall -

(A) further the purposes of this chapter;

(B) not be inconsistent with this chapter;

(C) not be discriminatory towards agricultural commodities

organically produced in other States in accordance with this

chapter; and

(D) not become effective until approved by the Secretary.

(c) Review and other determinations

(1) Subsequent review

The Secretary shall review State organic certification programs

not less than once during each 5-year period following the date

of the approval of such programs.

(2) Changes in program

The governing State official, prior to implementing any

substantive change to programs approved under this subsection,

shall submit such change to the Secretary for approval.

(3) Time for determination

The Secretary shall make a determination concerning any plan,

proposed change to a program, or a review of a program not later

than 6 months after receipt of such plan, such proposed change,

or the initiation of such review.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2108, Nov. 28, 1990, 104 Stat.

3939.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6506 of this title.

-CITE-

7 USC Sec. 6508 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6508. Prohibited crop production practices and materials

-STATUTE-

(a) Seed, seedlings and planting practices

For a farm to be certified under this chapter, producers on such

farm shall not apply materials to, or engage in practices on, seeds

or seedlings that are contrary to, or inconsistent with, the

applicable organic certification program.

(b) Soil amendments

For a farm to be certified under this chapter, producers on such

farm shall not -

(1) use any fertilizers containing synthetic ingredients or any

commercially blended fertilizers containing materials prohibited

under this chapter or under the applicable State organic

certification program; or

(2) use as a source of nitrogen: phosphorous, lime, potash, or

any materials that are inconsistent with the applicable organic

certification program.

(c) Crop management

For a farm to be certified under this chapter, producers on such

farm shall not -

(1) use natural poisons such as arsenic or lead salts that have

long-term effects and persist in the environment, as determined

by the applicable governing State official or the Secretary;

(2) use plastic mulches, unless such mulches are removed at the

end of each growing or harvest season; or

(3) use transplants that are treated with any synthetic or

prohibited material.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2109, Nov. 28, 1990, 104 Stat.

3940.)

-CITE-

7 USC Sec. 6509 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6509. Animal production practices and materials

-STATUTE-

(a) In general

Any livestock that is to be slaughtered and sold or labeled as

organically produced shall be raised in accordance with this

chapter.

(b) Breeder stock

Breeder stock may be purchased from any source if such stock is

not in the last third of gestation.

(c) Practices

For a farm to be certified under this chapter as an organic farm

with respect to the livestock produced by such farm, producers on

such farm -

(1) shall feed such livestock organically produced feed that

meets the requirements of this chapter;

(2) shall not use the following feed -

(A) plastic pellets for roughage;

(B) manure refeeding; or

(C) feed formulas containing urea; and

(3) shall not use growth promoters and hormones on such

livestock, whether implanted, ingested, or injected, including

antibiotics and synthetic trace elements used to stimulate growth

or production of such livestock.

(d) Health care

(1) Prohibited practices

For a farm to be certified under this chapter as an organic

farm with respect to the livestock produced by such farm,

producers on such farm shall not -

(A) use subtherapeutic doses of antibiotics;

(B) use synthetic internal parasiticides on a routine basis;

or

(C) administer medication, other than vaccinations, in the

absence of illness.

(2) Standards

The National Organic Standards Board shall recommend to the

Secretary standards in addition to those in paragraph (1) for the

care of livestock to ensure that such livestock is organically

produced.

(e) Additional guidelines

(1) Poultry

With the exception of day old poultry, all poultry from which

meat or eggs will be sold or labeled as organically produced

shall be raised and handled in accordance with this chapter prior

to and during the period in which such meat or eggs are sold.

(2) Dairy livestock

A dairy animal from which milk or milk products will be sold or

labeled as organically produced shall be raised and handled in

accordance with this chapter for not less than the 12-month

period immediately prior to the sale of such milk and milk

products.

(f) Livestock identification

(1) In general

For a farm to be certified under this chapter as an organic

farm with respect to the livestock produced by such farm,

producers on such farm shall keep adequate records and maintain a

detailed, verifiable audit trail so that each animal (or in the

case of poultry, each flock) can be traced back to such farm.

(2) Records

In order to carry out paragraph (1), each producer shall keep

accurate records on each animal (or in the case of poultry, each

flock) including -

(A) amounts and sources of all medications administered; and

(B) all feeds and feed supplements bought and fed.

(g) Notice and public comment

The Secretary shall hold public hearings and shall develop

detailed regulations, with notice and public comment, to guide the

implementation of the standards for livestock products provided

under this section.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2110, Nov. 28, 1990, 104 Stat.

3940; Pub. L. 102-237, title X, Sec. 1001(2), Dec. 13, 1991, 105

Stat. 1893.)

-MISC1-

AMENDMENTS

1991 - Subsec. (d)(1)(B). Pub. L. 102-237, Sec. 1001(2)(A),

substituted ''parasiticides'' for ''paraciticides''.

Subsecs. (g), (h). Pub. L. 102-237, Sec. 1001(2)(B), redesignated

subsec. (h) as (g).

-CITE-

7 USC Sec. 6510 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6510. Handling

-STATUTE-

(a) In general

For a handling operation to be certified under this chapter, each

person on such handling operation shall not, with respect to any

agricultural product covered by this chapter -

(1) add any synthetic ingredient during the processing or any

postharvest handling of the product;

(2) add any ingredient known to contain levels of nitrates,

heavy metals, or toxic residues in excess of those permitted by

the applicable organic certification program;

(3) add any sulfites, except in the production of wine,

nitrates, or nitrites;

(4) add any ingredients that are not organically produced in

accordance with this chapter and the applicable organic

certification program, unless such ingredients are included on

the National List and represent not more than 5 percent of the

weight of the total finished product (excluding salt and water);

(5) use any packaging materials, storage containers or bins

that contain synthetic fungicides, preservatives, or fumigants;

(6) use any bag or container that had previously been in

contact with any substance in such a manner as to compromise the

organic quality of such product; or

(7) use, in such product water that does not meet all Safe

Drinking Water Act (42 U.S.C. 300f et seq.) requirements.

(b) Meat

For a farm or handling operation to be organically certified

under this chapter, producers on such farm or persons on such

handling operation shall ensure that organically produced meat does

not come in contact with nonorganically produced meat.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2111, Nov. 28, 1990, 104 Stat.

3941; Pub. L. 102-237, title X, Sec. 1001(3), Dec. 13, 1991, 105

Stat. 1893; Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 748), Oct.

28, 2000, 114 Stat. 1549, 1549A-41.)

-REFTEXT-

REFERENCES IN TEXT

The Safe Drinking Water Act, referred to in subsec. (a)(7), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-387 inserted ''except in the

production of wine,'' after ''sulfites,''.

1991 - Subsec. (a)(1). Pub. L. 102-237 substituted

''postharvest'' for ''post harvest''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6506, 6518 of this title.

-CITE-

7 USC Sec. 6511 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6511. Additional guidelines

-STATUTE-

(a) In general

The Secretary, the applicable governing State official, and the

certifying agent shall utilize a system of residue testing to test

products sold or labeled as organically produced under this chapter

to assist in the enforcement of this chapter.

(b) Preharvest testing

The Secretary, the applicable governing State official, or the

certifying agent may require preharvest tissue testing of any crop

grown on soil suspected of harboring contaminants.

(c) Compliance review

(1) Inspection

If the Secretary, the applicable governing State official, or

the certifying agent determines that an agricultural product sold

or labeled as organically produced under this chapter contains

any detectable pesticide or other non-organic residue or

prohibited natural substance the Secretary, the applicable

governing State official, or the certifying agent shall conduct

an investigation to determine if the organic certification

program has been violated, and may require the producer or

handler of such product to prove that any prohibited substance

was not applied to such product.

(2) Removal of organic label

If, as determined by the Secretary, the applicable governing

State official, or the certifying agent, the investigation

conducted under paragraph (1) indicates that the residue is -

(A) the result of intentional application of a prohibited

substance; or

(B) present at levels that are greater than unavoidable

residual environmental contamination as prescribed by the

Secretary or the applicable governing State official in

consultation with the appropriate environmental regulatory

agencies;

such agricultural product shall not be sold or labeled as

organically produced under this chapter.

(d) Recordkeeping requirements

Producers who operate a certified organic farm or handling

operation under this chapter shall maintain records for 5 years

concerning the production or handling of agricultural products sold

or labeled as organically produced under this chapter, including -

(1) a detailed history of substances applied to fields or

agricultural products; and

(2) the names and addresses of persons who applied such

substances, the dates, the rate, and method of application of

such substances.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2112, Nov. 28, 1990, 104 Stat.

3942; Pub. L. 102-237, title X, Sec. 1001(4), Dec. 13, 1991, 105

Stat. 1893.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-237 substituted ''Preharvest''

for ''Pre-harvest'' in heading.

-CITE-

7 USC Sec. 6512 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6512. Other production and handling practices

-STATUTE-

If a production or handling practice is not prohibited or

otherwise restricted under this chapter, such practice shall be

permitted unless it is determined that such practice would be

inconsistent with the applicable organic certification program.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2113, Nov. 28, 1990, 104 Stat.

3943.)

-CITE-

7 USC Sec. 6513 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6513. Organic plan

-STATUTE-

(a) In general

A producer or handler seeking certification under this chapter

shall submit an organic plan to the certifying agent and the State

organic certification program (if applicable), and such plan shall

be reviewed by the certifying agent who shall determine if such

plan meets the requirements of the programs.

(b) Crop production farm plan

(1) Soil fertility

An organic plan shall contain provisions designed to foster

soil fertility, primarily through the management of the organic

content of the soil through proper tillage, crop rotation, and

manuring.

(2) Manuring

(A) Inclusion in organic plan

An organic plan shall contain terms and conditions that

regulate the application of manure to crops.

(B) Application of manure

Such organic plan may provide for the application of raw

manure only to -

(i) any green manure crop;

(ii) any perennial crop;

(iii) any crop not for human consumption; and

(iv) any crop for human consumption, if such crop is

harvested after a reasonable period of time determined by the

certifying agent to ensure the safety of such crop, after the

most recent application of raw manure, but in no event shall

such period be less than 60 days after such application.

(C) Contamination by manure

Such organic plan shall prohibit raw manure from being

applied to any crop in a way that significantly contributes to

water contamination by nitrates or bacteria.

(c) Livestock plan

An organic livestock plan shall contain provisions designed to

foster the organic production of livestock consistent with the

purposes of this chapter.

(d) Mixed crop livestock production

An organic plan may encompass both the crop production and

livestock production requirements in subsections (b) and (c) of

this section if both activities are conducted by the same producer.

(e) Handling plan

An organic handling plan shall contain provisions designed to

ensure that agricultural products that are sold or labeled as

organically produced are produced and handled in a manner that is

consistent with the purposes of this chapter.

(f) Management of wild crops

An organic plan for the harvesting of wild crops shall -

(1) designate the area from which the wild crop will be

gathered or harvested;

(2) include a 3 year history of the management of the area

showing that no prohibited substances have been applied;

(3) include a plan for the harvesting or gathering of the wild

crops assuring that such harvesting or gathering will not be

destructive to the environment and will sustain the growth and

production of the wild crop; and

(4) include provisions that no prohibited substances will be

applied by the producer.

(g) Limitation on content of plan

An organic plan shall not include any production or handling

practices that are inconsistent with this chapter.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2114, Nov. 28, 1990, 104 Stat.

3943.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6506 of this title.

-CITE-

7 USC Sec. 6514 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6514. Accreditation program

-STATUTE-

(a) In general

The Secretary shall establish and implement a program to accredit

a governing State official, and any private person, that meets the

requirements of this section as a certifying agent for the purpose

of certifying a farm or handling operation as a certified organic

farm or handling operation.

(b) Requirements

To be accredited as a certifying agent under this section, a

governing State official or private person shall -

(1) prepare and submit, to the Secretary, an application for

such accreditation;

(2) have sufficient expertise in organic farming and handling

techniques as determined by the Secretary; and

(3) comply with the requirements of this section and section

6515 of this title.

(c) Duration of designation

An accreditation made under this section shall be for a period of

not to exceed 5 years, as determined appropriate by the Secretary,

and may be renewed.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2115, Nov. 28, 1990, 104 Stat.

3944.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6515, 6516 of this title.

-CITE-

7 USC Sec. 6515 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6515. Requirements of certifying agents

-STATUTE-

(a) Ability to implement requirements

To be accredited as a certifying agent under section 6514 of this

title, a governing State official or a person shall be able to

fully implement the applicable organic certification program

established under this chapter.

(b) Inspectors

Any certifying agent shall employ a sufficient number of

inspectors to implement the applicable organic certification

program established under this chapter, as determined by the

Secretary.

(c) Recordkeeping

(1) Maintenance of records

Any certifying agent shall maintain all records concerning its

activities under this chapter for a period of not less than 10

years.

(2) Access for Secretary

Any certifying agent shall allow representatives of the

Secretary and the governing State official access to any and all

records concerning the certifying agent's activities under this

chapter.

(3) Transference of records

If any private person that was certified under this chapter is

dissolved or loses its accreditation, all records or copies of

records concerning such person's activities under this chapter

shall be transferred to the Secretary and made available to the

applicable governing State official.

(d) Agreement

Any certifying agent shall enter into an agreement with the

Secretary under which such agent shall -

(1) agree to carry out the provisions of this chapter; and

(2) agree to such other terms and conditions as the Secretary

determines appropriate.

(e) Private certifying agent agreement

Any certifying agent that is a private person shall, in addition

to the agreement required in subsection (d) of this section -

(1) agree to hold the Secretary harmless for any failure on the

part of the certifying agent to carry out the provisions of this

chapter; and

(2) furnish reasonable security, in an amount determined by the

Secretary, for the purpose of protecting the rights of

participants in the applicable organic certification program

established under this chapter.

(f) Compliance with program

Any certifying agent shall fully comply with the terms and

conditions of the applicable organic certification program

implemented under this chapter.

(g) Confidentiality

Except as provided in section 6506(a)(9) of this title, any

certifying agent shall maintain strict confidentiality with respect

to its clients under the applicable organic certification program

and may not disclose to third parties (with the exception of the

Secretary or the applicable governing State official) any business

related information concerning such client obtained while

implementing this chapter.

(h) Conflict of interest

Any certifying agent shall not -

(1) carry out any inspections of any operation in which such

certifying agent, or employee of such certifying agent has, or

has had, a commercial interest, including the provision of

consultancy services;

(2) accept payment, gifts, or favors of any kind from the

business inspected other than prescribed fees; or

(3) provide advice concerning organic practices or techniques

for a fee, other than fees established under such program.

(i) Administrator

A certifying agent that is a private person shall nominate the

individual who controls the day-to-day operation of the agent.

(j) Loss of accreditation

(1) Noncompliance

If the Secretary or the governing State official (if

applicable) determines that a certifying agent is not properly

adhering to the provisions of this chapter, the Secretary or such

governing State official may suspend such certifying agent's

accreditation.

(2) Effect on certified operations

If the accreditation of a certifying agent is suspended under

paragraph (1), the Secretary or the governing State official (if

applicable) shall promptly determine whether farming or handling

operations certified by such certifying agent may retain their

organic certification.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2116, Nov. 28, 1990, 104 Stat.

3944; Pub. L. 102-237, title X, Sec. 1001(5), Dec. 13, 1991, 105

Stat. 1893.)

-MISC1-

AMENDMENTS

1991 - Subsec. (j)(2). Pub. L. 102-237 substituted ''such

certifying'' for ''certifying such''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6506, 6514, 6518 of this

title.

-CITE-

7 USC Sec. 6516 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6516. Peer review of certifying agents

-STATUTE-

(a) Peer review

In determining whether to approve an application for

accreditation submitted under section 6514 of this title, the

Secretary shall consider a report concerning such applicant that

shall be prepared by a peer review panel established under

subsection (b) of this section.

(b) Peer review panel

To assist the Secretary in evaluating applications under section

6514 of this title, the Secretary may establish a panel of not less

than three persons who have expertise in organic farming and

handling methods, to evaluate the State governing official or

private person that is seeking accreditation as a certifying agent

under such section. Not less than two members of such panel shall

be persons who are not employees of the Department of Agriculture

or of the applicable State government.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2117, Nov. 28, 1990, 104 Stat.

3945.)

-CITE-

7 USC Sec. 6517 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6517. National List

-STATUTE-

(a) In general

The Secretary shall establish a National List of approved and

prohibited substances that shall be included in the standards for

organic production and handling established under this chapter in

order for such products to be sold or labeled as organically

produced under this chapter.

(b) Content of list

The list established under subsection (a) of this section shall

contain an itemization, by specific use or application, of each

synthetic substance permitted under subsection (c)(1) of this

section or each natural substance prohibited under subsection

(c)(2) of this section.

(c) Guidelines for prohibitions or exemptions

(1) Exemption for prohibited substances

The National List may provide for the use of substances in an

organic farming or handling operation that are otherwise

prohibited under this chapter only if -

(A) the Secretary determines, in consultation with the

Secretary of Health and Human Services and the Administrator of

the Environmental Protection Agency, that the use of such

substances -

(i) would not be harmful to human health or the

environment;

(ii) is necessary to the production or handling of the

agricultural product because of the unavailability of wholly

natural substitute products; and

(iii) is consistent with organic farming and handling;

(B) the substance -

(i) is used in production and contains an active synthetic

ingredient in the following categories: copper and sulfur

compounds; toxins derived from bacteria; pheromones, soaps,

horticultural oils, fish emulsions, treated seed, vitamins

and minerals; livestock parasiticides and medicines and

production aids including netting, tree wraps and seals,

insect traps, sticky barriers, row covers, and equipment

cleansers;

(ii) is used in production and contains synthetic inert

ingredients that are not classified by the Administrator of

the Environmental Protection Agency as inerts of

toxicological concern; or

(iii) is used in handling and is non-synthetic but is not

organically produced; and

(C) the specific exemption is developed using the procedures

described in subsection (d) of this section.

(2) Prohibition on the use of specific natural substances

The National List may prohibit the use of specific natural

substances in an organic farming or handling operation that are

otherwise allowed under this chapter only if -

(A) the Secretary determines, in consultation with the

Secretary of Health and Human Services and the Administrator of

the Environmental Protection Agency, that the use of such

substances -

(i) would be harmful to human health or the environment;

and

(ii) is inconsistent with organic farming or handling, and

the purposes of this chapter; and

(B) the specific prohibition is developed using the

procedures specified in subsection (d) of this section.

(d) Procedure for establishing National List

(1) In general

The National List established by the Secretary shall be based

upon a proposed national list or proposed amendments to the

National List developed by the National Organic Standards Board.

(2) No additions

The Secretary may not include exemptions for the use of

specific synthetic substances in the National List other than

those exemptions contained in the Proposed National List or

Proposed Amendments to the National List.

(3) Prohibited substances

In no instance shall the National List include any substance,

the presence of which in food has been prohibited by Federal

regulatory action.

(4) Notice and comment

Before establishing the National List or before making any

amendments to the National List, the Secretary shall publish the

Proposed National List or any Proposed Amendments to the National

List in the Federal Register and seek public comment on such

proposals. The Secretary shall include in such Notice any

changes to such proposed list or amendments recommended by the

Secretary.

(5) Publication of National List

After evaluating all comments received concerning the Proposed

National List or Proposed Amendments to the National List, the

Secretary shall publish the final National List in the Federal

Register, along with a discussion of comments received.

(e) Sunset provision

No exemption or prohibition contained in the National List shall

be valid unless the National Organic Standards Board has reviewed

such exemption or prohibition as provided in this section within 5

years of such exemption or prohibition being adopted or reviewed

and the Secretary has renewed such exemption or prohibition.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2118, Nov. 28, 1990, 104 Stat.

3946; Pub. L. 102-237, title X, Sec. 1001(6), Dec. 13, 1991, 105

Stat. 1893.)

-MISC1-

AMENDMENTS

1991 - Subsec. (c)(1)(B)(i). Pub. L. 102-237 substituted

''parasiticides'' for ''paraciticides''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6502, 6503, 6518 of this

title.

-CITE-

7 USC Sec. 6518 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6518. National Organic Standards Board

-STATUTE-

(a) In general

The Secretary shall establish a National Organic Standards Board

(in accordance with the Federal Advisory Committee Act) (hereafter

referred to in this section as the ''Board'') to assist in the

development of standards for substances to be used in organic

production and to advise the Secretary on any other aspects of the

implementation of this chapter.

(b) Composition of Board

The Board shall be composed of 15 members, of which -

(1) four shall be individuals who own or operate an organic

farming operation;

(2) two shall be individuals who own or operate an organic

handling operation;

(3) one shall be an individual who owns or operates a retail

establishment with significant trade in organic products;

(4) three shall be individuals with expertise in areas of

environmental protection and resource conservation;

(5) three shall be individuals who represent public interest or

consumer interest groups;

(6) one shall be an individual with expertise in the fields of

toxicology, ecology, or biochemistry; and

(7) one shall be an individual who is a certifying agent as

identified under section 6515 of this title.

(c) Appointment

Not later than 180 days after November 28, 1990, the Secretary

shall appoint the members of the Board under paragraph (1) through

(6) of subsection (b) of this section (and under subsection (b)(7)

of this section at an appropriate date after the certification of

individuals as certifying agents under section 6515 of this title)

from nominations received from organic certifying organizations,

States, and other interested persons and organizations.

(d) Term

A member of the Board shall serve for a term of 5 years, except

that the Secretary shall appoint the original members of the Board

for staggered terms. A member cannot serve consecutive terms

unless such member served an original term that was less than 5

years.

(e) Meetings

The Secretary shall convene a meeting of the Board not later than

60 days after the appointment of its members and shall convene

subsequent meetings on a periodic basis.

(f) Compensation and expenses

A member of the Board shall serve without compensation. While

away from their homes or regular places of business on the business

of the Board, members of the Board may be allowed travel expenses,

including per diem in lieu of subsistence, as is authorized under

section 5703 of title 5 for persons employed intermittently in the

Government service.

(g) Chairperson

The Board shall select a Chairperson for the Board.

(h) Quorum

A majority of the members of the Board shall constitute a quorum

for the purpose of conducting business.

(i) Decisive votes

Two-thirds of the votes cast at a meeting of the Board at which a

quorum is present shall be decisive of any motion.

(j) Other terms and conditions

The Secretary shall authorize the Board to hire a staff director

and shall detail staff of the Department of Agriculture or allow

for the hiring of staff and may, subject to necessary

appropriations, pay necessary expenses incurred by such Board in

carrying out the provisions of this chapter, as determined

appropriate by the Secretary.

(k) Responsibilities of Board

(1) In general

The Board shall provide recommendations to the Secretary

regarding the implementation of this chapter.

(2) National List

The Board shall develop the proposed National List or proposed

amendments to the National List for submission to the Secretary

in accordance with section 6517 of this title.

(3) Technical advisory panels

The Board shall convene technical advisory panels to provide

scientific evaluation of the materials considered for inclusion

in the National List. Such panels may include experts in

agronomy, entomology, health sciences and other relevant

disciplines.

(4) Special review of botanical pesticides

The Board shall, prior to the establishment of the National

List, review all botanical pesticides used in agricultural

production and consider whether any such botanical pesticide

should be included in the list of prohibited natural substances.

(5) Product residue testing

The Board shall advise the Secretary concerning the testing of

organically produced agricultural products for residues caused by

unavoidable residual environmental contamination.

(6) Emergency spray programs

The Board shall advise the Secretary concerning rules for

exemptions from specific requirements of this chapter (except the

provisions of section 6511 of this title) with respect to

agricultural products produced on certified organic farms if such

farms are subject to a Federal or State emergency pest or disease

treatment program.

(l) Requirements

In establishing the proposed National List or proposed amendments

to the National List, the Board shall -

(1) review available information from the Environmental

Protection Agency, the National Institute of Environmental Health

Studies, and such other sources as appropriate, concerning the

potential for adverse human and environmental effects of

substances considered for inclusion in the proposed National

List;

(2) work with manufacturers of substances considered for

inclusion in the proposed National List to obtain a complete list

of ingredients and determine whether such substances contain

inert materials that are synthetically produced; and

(3) submit to the Secretary, along with the proposed National

List or any proposed amendments to such list, the results of the

Board's evaluation and the evaluation of the technical advisory

panel of all substances considered for inclusion in the National

List.

(m) Evaluation

In evaluating substances considered for inclusion in the proposed

National List or proposed amendment to the National List, the Board

shall consider -

(1) the potential of such substances for detrimental chemical

interactions with other materials used in organic farming

systems;

(2) the toxicity and mode of action of the substance and of its

breakdown products or any contaminants, and their persistence and

areas of concentration in the environment;

(3) the probability of environmental contamination during

manufacture, use, misuse or disposal of such substance;

(4) the effect of the substance on human health;

(5) the effects of the substance on biological and chemical

interactions in the agroecosystem, including the physiological

effects of the substance on soil organisms (including the salt

index and solubility of the soil), crops and livestock;

(6) the alternatives to using the substance in terms of

practices or other available materials; and

(7) its compatibility with a system of sustainable agriculture.

(n) Petitions

The Board shall establish procedures under which persons may

petition the Board for the purpose of evaluating substances for

inclusion on the National List.

(o) Confidentiality

Any confidential business information obtained by the Board in

carrying out this section shall not be released to the public.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2119, Nov. 28, 1990, 104 Stat.

3947; Pub. L. 102-237, title X, Sec. 1001(7), Dec. 13, 1991, 105

Stat. 1893.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (a),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-237 substituted ''to assist'' for

''(to assist''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6503 of this title.

-CITE-

7 USC Sec. 6519 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6519. Violations of chapter

-STATUTE-

(a) Misuse of label

Any person who knowingly sells or labels a product as organic,

except in accordance with this chapter, shall be subject to a civil

penalty of not more than $10,000.

(b) False statement

Any person who makes a false statement under this chapter to the

Secretary, a governing State official, or a certifying agent shall

be subject to the provisions of section 1001 of title 18.

(c) Ineligibility

(1) In general

Except as provided in paragraph (2), any person who -

(A) makes a false statement;

(B) attempts to have a label indicating that an agricultural

product is organically produced affixed to such product that

such person knows, or should have reason to know, to have been

produced or handled in a manner that is not in accordance with

this chapter; or

(C) otherwise violates the purposes of the applicable organic

certification program as determined by the Secretary;

after notice and an opportunity to be heard, shall not be

eligible, for a period of 5 years from the date of such

occurrence, to receive certification under this chapter with

respect to any farm or handling operation in which such person

has an interest.

(2) Waiver

Notwithstanding paragraph (1), the Secretary may reduce or

eliminate the period of ineligibility referred to in such

paragraph if the Secretary determines that such modification or

waiver is in the best interests of the applicable organic

certification program established under this chapter.

(d) Reporting of violations

A certifying agent shall immediately report any violations of

this chapter to the Secretary or the governing State official (if

applicable).

(e) Violations by certifying agent

A certifying agent that is a private person that violates the

provisions of this chapter or that falsely or negligently certifies

any farming or handling operation that does not meet the terms and

conditions of the applicable organic certification program as an

organic operation, as determined by the Secretary or the governing

State official (if applicable) shall, after notice and an

opportunity to be heard -

(1) lose its accreditation as a certifying agent under this

chapter; and

(2) be ineligible to be accredited as a certifying agent under

this chapter for a period of not less than 3 years subsequent to

the date of such determination.

(f) Effect of other laws

Nothing in this chapter shall alter the authority of the

Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 et

seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.),

and the Egg Products Inspection Act (21 U.S.C. 1031 et seq.)

concerning meat, poultry and egg products, nor any of the

authorities of the Secretary of Health and Human Services under the

Federal Food, Drug (FOOTNOTE 1) and Cosmetic Act (21 U.S.C. 301 et

seq.), nor the authority of the Administrator of the Environmental

Protection Agency under the Federal Insecticide, Fungicide

(FOOTNOTE 1) and Rodenticide Act (7 U.S.C. 136 et seq.).

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2120, Nov. 28, 1990, 104 Stat.

3949; Pub. L. 102-237, title X, Sec. 1001(8), Dec. 13, 1991, 105

Stat. 1893.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Meat Inspection Act, referred to in subsec. (f), is

titles I to IV of act Mar. 4, 1907, ch. 2907, as added Dec. 15,

1967, Pub. L. 90-201, 81 Stat. 584, and amended, which are

classified generally to subchapters I to IV (Sec. 601 et seq.) of

chapter 12 of Title 21, Food and Drugs. For complete classification

of this Act to the Code, see Short Title note set out under section

601 of Title 21 and Tables.

The Poultry Products Inspection Act, referred to in subsec. (f),

is Pub. L. 85-172, Aug. 28, 1957, 71 Stat. 441, as amended, which

is classified generally to chapter 10 (Sec. 451 et seq.) of Title

21. For complete classification of this Act to the Code, see Short

Title note set out under section 451 of Title 21 and Tables.

The Egg Products Inspection Act, referred to in subsec. (f), is

Pub. L. 91-597, Dec. 29, 1970, 84 Stat. 1620, as amended, which is

classified generally to chapter 15 (Sec. 1031 et seq.) of Title 21.

For complete classification of this Act to the Code, see Short

Title note set out under section 1031 of Title 21 and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(f), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21. For complete classification of this Act to the Code, see

section 301 of Title 21 and Tables.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (f), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is

classified generally to subchapter II (Sec. 136 et seq.) of chapter

6 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 136 of this title

and Tables.

-MISC2-

AMENDMENTS

1991 - Subsec. (f). Pub. L. 102-237 inserted comma after ''601 et

seq.)''.

-CITE-

7 USC Sec. 6520 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6520. Administrative appeal

-STATUTE-

(a) Expedited appeals procedure

The Secretary shall establish an expedited administrative appeals

procedure under which persons may appeal an action of the

Secretary, the applicable governing State official, or a certifying

agent under this chapter that -

(1) adversely affects such person; or

(2) is inconsistent with the organic certification program

established under this chapter.

(b) Appeal of final decision

A final decision of the Secretary under subsection (a) of this

section may be appealed to the United States district court for the

district in which such person is located.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2121, Nov. 28, 1990, 104 Stat.

3950; Pub. L. 102-237, title X, Sec. 1001(9), Dec. 13, 1991, 105

Stat. 1894.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-237 substituted ''district court

for the district'' for ''District Court for the District''.

-CITE-

7 USC Sec. 6521 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6521. Administration

-STATUTE-

(a) Regulations

Not later than 540 days after November 28, 1990, the Secretary

shall issue proposed regulations to carry out this chapter.

(b) Assistance to State

(1) Technical and other assistance

The Secretary shall provide technical, administrative, and

Extension Service assistance to assist States in the

implementation of an organic certification program under this

chapter.

(2) Financial assistance

The Secretary may provide financial assistance to any State

that implements an organic certification program under this

chapter.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2122, Nov. 28, 1990, 104 Stat.

3951.)

-CITE-

7 USC Sec. 6522 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6522. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for each fiscal year such

sums as may be necessary to carry out this chapter.

-SOURCE-

(Pub. L. 101-624, title XXI, Sec. 2123, Nov. 28, 1990, 104 Stat.

3951.)

-CITE-

7 USC Sec. 6523 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-

Sec. 6523. National organic certification cost-share program

-STATUTE-

(a) In general

Of funds of the Commodity Credit Corporation, the Secretary of

Agriculture (acting through the Agricultural Marketing Service)

shall use $5,000,000 for fiscal year 2002, to remain available

until expended, to establish a national organic certification

cost-share program to assist producers and handlers of agricultural

products in obtaining certification under the national organic

production program established under the Organic Foods Production

Act of 1990 (7 U.S.C. 6501 et seq.).

(b) Federal share

(1) In general

Subject to paragraph (2), the Secretary shall pay under this

section not more than 75 percent of the costs incurred by a

producer or handler in obtaining certification under the national

organic production program, as certified to and approved by the

Secretary.

(2) Maximum amount

The maximum amount of a payment made to a producer or handler

under this section shall be $500.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10606, May 13, 2002, 116 Stat.

514.)

-REFTEXT-

REFERENCES IN TEXT

The Organic Foods Production Act of 1990, referred to in subsec.

(a), is title XXI of Pub. L. 101-624, Nov. 28, 1990, 104 Stat.

3935, as amended, which is classified generally to this chapter.

For complete classification of this Act to the Code, see Short

Title note set out under section 6501 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Farm Security and Rural

Investment Act of 2002, and not as part of the Organic Foods

Production Act of 1990 which comprises this chapter.

-CITE-