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 otherwise directed by the Secretary or 
the Attorney General for enforcement purposes, no 
officer, employee, or agent of the United States shall 
make available to the public information, statistics, 
or documents obtained from or made available by 
any person under this title, other than in a manner 
that ensures that confidentiality is preserved regard-
ing the identity of persons, including parties to a 
contract, and proprietary business information. 
‘‘(2) ALLEGED VIOLATORS AND NATURE OF AC-
TIONS.—The Secretary may release the name of the 
alleged violator and the nature of the actions trig-
gering 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— 
‘‘(A) to verify the accuracy of any informa-
tion reported or made available under this title; 
and 
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‘‘(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. 
‘‘(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 books, pa-
pers, and documents that are relevant to the inves-
tigation. 
‘‘(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 
‘‘(C) a revocation of the accreditation of a 
certifying agent; or 
‘‘(3) to sell, or attempt to sell, a product that 
is represented as being organically produced in ac-
cordance with this title if in fact the product has not 
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been produced or handled in accordance with this 
title. 
‘‘(e) ENFORCEMENT.— 
‘‘(1) ORDER.—The Secretary may issue an 
order to stop the sale of an agricultural product that 
is labeled or otherwise represented as being organi-
cally produced— 
‘‘(A) only upon the reasonable belief by the 
Secretary, supported by substantial evidence, 
that such agricultural product does not meet 
the national and State standards for organic 
production and handling provided in sections 
2105 through 2114 and section 2118, until the 
product can be verified— 
‘‘(i) as meeting the national and State 
standards for organic production and han-
dling as provided in sections 2105 through 
2114; 
‘‘(ii) as having been produced or han-
dled without the use of a prohibited sub-
stance listed under section 2118; and 
‘‘(iii) as being produced and handled 
by a certified organic operation; and 
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‘‘(B) if a person has committed an unlaw-
ful act with respect to the product under sub-
section (d). 
‘‘(2) REVOCATION OF CERTIFICATION OR AC-
CREDITATION.—After notice and opportunity for an 
administrative appeal under section 2121, if the Sec-
retary determines a producer, a handler, or a certi-
fying agent committed a violation of this title that 
is an unlawful act under subsection (d), the Sec-
retary may revoke the organic certification of such 
producer or such handler, or the accreditation of 
such certifying agent. 
‘‘(3) VIOLATION OF ORDER OR REVOCATION.— 
A person who violates an order to stop the sale of 
a product as an organically produced product under 
paragraph (1), or a revocation of certification or ac-
creditation under paragraph (2), shall be subject to 
1 or more of the penalties provided in subsections 
(a) and (b) of section 2120. 
‘‘(f) APPEAL.— 
‘‘(1) IN GENERAL.—An order under subsection 
(e)(1), or a revocation of certification or accredita-
tion under subsection (e)(2)(B), shall be final and 
conclusive unless the affected person files an appeal 
of the order— 
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‘‘(A) first, to the administrative appeals 
process established under section 2121(a); and 
‘‘(B) after a final decision of the Secretary 
under the process referred to in subparagraph 
(A), if the affected person so elects, to a United 
States district court as provided in section 
2121(b) not later than 30 days after the date 
of the final decision. 
‘‘(2) STANDARD.—An order under subsection 
(e)(1), or a revocation of certification or accredita-
tion under subsection (e)(2)(B), shall be set aside 
only if the order, or the revocation of certification or 
accreditation, is not supported by substantial evi-
dence. 
‘‘(g) NONCOMPLIANCE.— 
‘‘(1) IN GENERAL.—If a person covered by this 
title fails to obey an order, or a revocation of certifi-
cation or accreditation, described in subsection (f)(2) 
after the order or revocation has become final and 
conclusive or after the appropriate United States 
district court has entered a final judgment in favor 
of the Secretary, the United States may apply to the 
appropriate United States district court for enforce-
ment of the order, or the revocation of certification 
or accreditation. 
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‘‘(2) ENFORCEMENT.—If the court determines 
that the order or revocation was lawfully made and 
duly served and that the person violated the order 
or revocation, the court shall enforce the order or 
revocation. 
‘‘(3) CIVIL PENALTY.—If the court finds that 
the person violated the order or revocation, the per-
son shall be subject to a civil penalty of not more 
than $10,000 for each offense.’’. 
Æ 
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