1053 
current industry amendments or clarifications necessary 
to update that 2006 petition. 
SEC. 10011. REMOVAL OF AMS INSPECTION AUTHORITY 
OVER APPLES IN BULK BINS. 
(a) DEFINITION OF BULK BIN.—In this section, the 
term ‘‘bulk bin’’ means a bin that contains a quantity of 
apples weighing more than 100 pounds. 
(b) PROHIBITION.—Notwithstanding any other provi-
sion of law, the Secretary of Agriculture, acting through 
the Agricultural Marketing Service, shall have no author-
ity to inspect apples in bulk bins prior to export to Can-
ada. 
SEC. 10012. ORGANIC PRODUCT PROMOTION ORDERS. 
(a) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS 
FROM PROMOTION ORDER ASSESSMENTS.—Section 501 
of the Federal Agriculture Improvement and Reform Act 
of 1996 (7 U.S.C. 7401) is amended by striking sub-
section (e) and inserting the following: 
‘‘(e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS 
FROM PROMOTION ORDER ASSESSMENTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of a commodity promotion law, a person that 
produces, handles, markets, or imports organic prod-
ucts may be exempt from the payment of an assess-
ment under a commodity promotion law with respect 
VerDate Mar 15 2010 
23:29 Jul 08, 2013
Jkt 029200
PO 00000
Frm 01053
Fmt 6652
Sfmt 6201
E:\BILLS\H2498.IH
H2498
sroberts on DSK5SPTVN1PROD with BILLS
1054 
to any agricultural commodity that is certified as 
‘organic’ or ‘100 percent organic’ (as defined in part 
205 of title 7, Code of Federal Regulations (or suc-
cessor regulations)). 
‘‘(2) SPLIT OPERATIONS.—The exemption de-
scribed in paragraph (1) shall apply to an agricul-
tural commodity described in that paragraph regard-
less of whether the agricultural commodity subject 
to the exemption is produced, handled, or marketed 
by a person that also produces, handles, or markets 
conventional or nonorganic agricultural products, in-
cluding conventional or nonorganic agricultural 
products of the same agricultural commodity as that 
for which the exemption is claimed. 
‘‘(3) APPROVAL.—The Secretary shall approve 
the exemption of a person under this subsection if 
the person maintains a valid organic certificate 
issued under the Organic Foods Production Act of 
1990 (7 U.S.C. 6501 et seq.). 
‘‘(4) TERMINATION OF EFFECTIVENESS.—This 
subsection shall be effective until the date on which 
the Secretary issues an organic commodity pro-
motion order in accordance with subsection (f). 
VerDate Mar 15 2010 
23:29 Jul 08, 2013
Jkt 029200
PO 00000
Frm 01054
Fmt 6652
Sfmt 6201
E:\BILLS\H2498.IH
H2498
sroberts on DSK5SPTVN1PROD with BILLS
1055 
‘‘(5) REGULATIONS.—The Secretary shall pro-
mulgate regulations concerning eligibility and com-
pliance for an exemption under paragraph (1).’’. 
(b) ORGANIC COMMODITY PROMOTION ORDER.—Sec-
tion 501 of the Federal Agriculture Improvement and Re-
form Act of 1996 (7 U.S.C. 7401) (as amended by sub-
section (a)) is amended by adding at the end the following: 
‘‘(f) ORGANIC COMMODITY PROMOTION ORDER.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CERTIFIED
ORGANIC
FARM.—The 
term ‘certified organic farm’ has the meaning 
given the term in section 2103 of the Organic 
Foods Production Act of 1990 (7 U.S.C. 6502). 
‘‘(B) COVERED PERSON.—The term ‘cov-
ered person’ means a producer, handler, mar-
keter, or importer of an organic agricultural 
commodity. 
‘‘(C) DUAL-COVERED AGRICULTURAL COM-
MODITY.—The term ‘dual-covered agricultural 
commodity’ means an agricultural commodity 
that— 
‘‘(i) is produced on a certified organic 
farm; and 
‘‘(ii) is covered under both— 
VerDate Mar 15 2010 
23:29 Jul 08, 2013
Jkt 029200
PO 00000
Frm 01055
Fmt 6652
Sfmt 6201
E:\BILLS\H2498.IH
H2498
sroberts on DSK5SPTVN1PROD with BILLS
1056 
‘‘(I) an organic commodity pro-
motion order issued under paragraph 
(2); and 
‘‘(II) any other agricultural com-
modity promotion order issued under 
this section. 
‘‘(2) AUTHORIZATION.—The Secretary may 
issue an organic commodity promotion order under 
section 514 that includes any agricultural com-
modity that— 
‘‘(A) is— 
‘‘(i) produced or handled (as defined 
in section 2103 of the Organic Foods Pro-
duction Act of 1990 (7 U.S.C. 6502)); and 
‘‘(ii) certified to be sold or labeled as 
‘organic’ or ‘100 percent organic’ (as de-
fined in part 205 of title 7, Code of Fed-
eral Regulations (or successor regula-
tions)); or 
‘‘(B) is imported with a valid organic cer-
tificate (as defined in that part). 
‘‘(3) ELECTION.—If the Secretary issues an or-
ganic commodity promotion order described in para-
graph (2), a covered person may elect, for applicable 
dual-covered agricultural commodities and in the 
VerDate Mar 15 2010 
23:29 Jul 08, 2013
Jkt 029200
PO 00000
Frm 01056
Fmt 6652
Sfmt 6201
E:\BILLS\H2498.IH
H2498
sroberts on DSK5SPTVN1PROD with BILLS