-CITE-
    7 USC CHAPTER 94 - ORGANIC CERTIFICATION                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 94 - ORGANIC CERTIFICATION

-HEAD-
                    CHAPTER 94 - ORGANIC CERTIFICATION                

-MISC1-
    Sec.                                                     
    6501.       Purposes.                                             
    6502.       Definitions.                                          
    6503.       National organic production program.                  
    6504.       National standards for organic production.            
    6505.       Compliance requirements.                              
    6506.       General requirements.                                 
    6507.       State organic certification program.                  
    6508.       Prohibited crop production practices and materials.   
    6509.       Animal production practices and materials.            
    6510.       Handling.                                             
    6511.       Additional guidelines.                                
    6512.       Other production and handling practices.              
    6513.       Organic plan.                                         
    6514.       Accreditation program.                                
    6515.       Requirements of certifying agents.                    
    6516.       Peer review of certifying agents.                     
    6517.       National List.                                        
    6518.       National Organic Standards Board.                     
    6519.       Violations of chapter.                                
    6520.       Administrative appeal.                                
    6521.       Administration.                                       
    6522.       Authorization of appropriations.                      
    6523.       National organic certification cost-share program.    

-End-



-CITE-
    7 USC Sec. 6501                                             01/03/2007

-EXPCITE-
    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'."

-End-



-CITE-
    7 USC Sec. 6502                                             01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    7 USC Sec. 6503                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 6504                                             01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    7 USC Sec. 6505                                             01/03/2007

-EXPCITE-
    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.)

-End-



-CITE-
    7 USC Sec. 6506                                             01/03/2007

-EXPCITE-
    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) Wild seafood
      (1) In general
        Notwithstanding the requirement of subsection (a)(1)(A) of this
      section requiring products be produced only on certified organic
      farms, the Secretary shall allow, through regulations promulgated
      after public notice and opportunity for comment, wild seafood to
      be certified or labeled as organic.
      (2) Consultation and accommodation
        In carrying out paragraph (1), the Secretary shall - 
          (A) consult with - 
            (i) the Secretary of Commerce;
            (ii) the National Organic Standards Board established under
          section 6518 of this title;
            (iii) producers, processors, and sellers; and
            (iv) other interested members of the public; and

          (B) to the maximum extent practicable, accommodate the unique
        characteristics of the industries in the United States that
        harvest and process wild seafood.
    (d) 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.
    (e) 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; Pub. L. 108-11, title II, Sec. 2105, Apr. 16, 2003, 117
    Stat. 589.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsecs. (c) to (e). Pub. L. 108-11 added subsec. (c) and
    redesignated former subsecs. (c) and (d) as (d) and (e),
    respectively.
      1998 - Subsec. (d). Pub. L. 105-185 added subsec. (d).

-End-



-CITE-
    7 USC Sec. 6507                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 6508                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 6509                                             01/03/2007

-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) In general
          Except as provided in subparagraph (B), 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.
        (B) Transition guideline
          Crops and forage from land included in the organic system
        plan of a dairy farm that is in the third year of organic
        management may be consumed by the dairy animals of the farm
        during the 12-month period immediately prior to the sale of
        organic 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; Pub. L. 109-97, title VII, Sec. 797(c), Nov. 10, 2005,
    119 Stat. 2165.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (e)(2). Pub. L. 109-97 designated existing
    provisions as subpar. (A), inserted heading, substituted "Except as
    provided in subparagraph (B), a dairy" for "A dairy", and added
    subpar. (B).
      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).

-End-



-CITE-
    7 USC Sec. 6510                                             01/03/2007

-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 not appearing on the National
      List 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; Pub. L. 109-97, title VII, Sec.
    797(a), Nov. 10, 2005, 119 Stat. 2165.)

-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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-97 inserted "not appearing on
    the National List" after "ingredient".
      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".

-End-



-CITE-
    7 USC Sec. 6511                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 6512                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 6513                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 6514                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 6515                                             01/03/2007

-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".

-End-



-CITE-
    7 USC Sec. 6516                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 6517                                             01/03/2007

-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 in organic production and
        handling operations
        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; or
            (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; 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.
      (6) Expedited petitions for commercially unavailable organic
        agricultural products constituting less than 5 percent of an
        organic processed product
        The Secretary may develop emergency procedures for designating
      agricultural products that are commercially unavailable in
      organic form for placement on the National List for a period of
      time not to exceed 12 months.
    (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; Pub. L. 109-97, title VII, Sec. 797(b), Nov. 10, 2005,
    119 Stat. 2165.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c)(1). Pub. L. 109-97, Sec. 797(b)(1)(A),
    inserted "in organic production and handling operations" after
    "substances" in heading.
      Subsec. (c)(1)(B)(iii). Pub. L. 109-97, Sec. 797(b)(1)(B), (C),
    struck out cl. (iii) which read as follows: "is used in handling
    and is non-synthetic but is not organically produced; and".
      Subsec. (d)(6). Pub. L. 109-97, Sec. 797(b)(2), added par. (6).
      1991 - Subsec. (c)(1)(B)(i). Pub. L. 102-237 substituted
    "parasiticides" for "paraciticides".

-End-



-CITE-
    7 USC Sec. 6518                                             01/03/2007

-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.


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-237 substituted "to assist" for
    "(to assist".

-End-



-CITE-
    7 USC Sec. 6519                                             01/03/2007

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


-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.


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (f). Pub. L. 102-237 inserted comma after "601 et
    seq.)".

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


-End-



-CITE-
    7 USC Sec. 6520                                             01/03/2007

-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".

-End-



-CITE-
    7 USC Sec. 6521                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 6522                                             01/03/2007

-EXPCITE-
    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.)

-End-



-CITE-
    7 USC Sec. 6523                                             01/03/2007

-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.

-End-