I 
113TH CONGRESS 
1ST SESSION H. R. 2400 
To amend the Organic Foods Production Act of 1990 to require recordkeeping 
and authorize investigations and enforcement actions for violations of 
such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2013 
Mrs. CAPPS (for herself, Mr. HANNA, Mr. DEFAZIO, and Mr. FARR) intro-
duced the following bill; which was referred to the Committee on Agri-
culture 
A BILL 
To amend the Organic Foods Production Act of 1990 to 
require recordkeeping and authorize investigations and 
enforcement actions for violations of such Act, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Organic Standards 
Protection Act’’. 
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SEC. 2. RECORDKEEPING, INVESTIGATIONS, AND ENFORCE-
MENT. 
The Organic Foods Production Act of 1990 is amend-
ed by inserting after section 2120 (7 U.S.C. 6519) the 
following: 
‘‘SEC. 2120A. RECORDKEEPING, INVESTIGATIONS, AND EN-
FORCEMENT. 
‘‘(a) RECORDKEEPING.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this title, all persons, including producers, 
handlers, and certifying agents, required to report 
information to the Secretary under this title shall 
maintain, and make available to the Secretary on 
the request of the Secretary, all contracts, agree-
ments, receipts, and other records associated with 
the organic certification program established by the 
Secretary under this title. 
‘‘(2) DURATION OF RECORDKEEPING REQUIRE-
MENT.—A record covered by paragraph (1) shall be 
maintained— 
‘‘(A) by a person covered by this title, ex-
cept for a certifying agent, for a period of 5 
years beginning on the date of the creation of 
the record; and 
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‘‘(B) by a certifying agent, for a period of 
10 years beginning on the date of the creation 
of the record. 
‘‘(b) CONFIDENTIALITY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
and except as provided in section 2107(a)(9) and as 
otherwise directed by the Secretary or the Attorney 
General for enforcement purposes, no officer, em-
ployee, or agent of the United States shall make 
available to the public information, statistics, or doc-
uments obtained from or made available by any per-
son under this title, other than in a manner that en-
sures that confidentiality is preserved regarding the 
identity of persons, including parties to a contract, 
and proprietary business information. 
‘‘(2) VIOLATORS AND NATURE OF ACTIONS.— 
The Secretary may release the name of the violator 
and the nature of the actions triggering an order or 
revocation under subsection (e). 
‘‘(c) INVESTIGATION.— 
‘‘(1) IN
GENERAL.—The Secretary may take 
such investigative actions as the Secretary considers 
to be necessary to carry out this title— 
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‘‘(A) to verify the accuracy of any informa-
tion reported or made available under this title; 
and 
‘‘(B) to determine, with regard to actions, 
practices, or information required under this 
title, whether a person covered by this title has 
committed, or will commit, a violation of any 
provision of this title, including an order or reg-
ulation promulgated by the Secretary. 
‘‘(2) INVESTIGATIVE POWERS.—The Secretary 
may administer oaths and affirmations, subpoena 
witnesses, compel attendance of witnesses, take evi-
dence, and require the production of any records re-
quired to be maintained under subsection (a) or sec-
tion 2112(d) or 2116(c) that are relevant to the in-
vestigation. 
‘‘(d) UNLAWFUL ACT.—It shall be unlawful and a 
violation of this title for any person covered by this title— 
‘‘(1) to fail or refuse to provide, or delay the 
timely provision of, accurate information required by 
the Secretary under this section; 
‘‘(2) to violate— 
‘‘(A) an order of the Secretary; 
‘‘(B) a revocation of the organic certifi-
cation of a producer or handler; or 
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