‘‘(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. 
‘‘(B) AFFIRMATIVE
DEFENSE
TO
STOP 
SALE ORDER.— 
‘‘(i) IN GENERAL.—If a producer or 
handler has a valid organic certification 
from the Department of Agriculture, the 
burden shall shift to the Secretary to prove 
fraud or unlawful activity that is willful, 
noncorrectable, or the subject of a com-
bined noncompliance and adverse action 
before a stop sale order under subpara-
graph (A) may be implemented. 
‘‘(ii) INFORMATION.— 
‘‘(I) IN GENERAL.—The producer 
or handler shall comply with any re-
quests of the Secretary for documents 
and other information not later than 
30 days after a request is made. 
‘‘(II) NONCOMPLIANCE.—If the 
producer or handler fails to comply 
within the period described in sub-
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clause (I), the Secretary may issue a 
stop sale order. 
‘‘(C) APPEAL OF STOP SALE ORDER.— 
‘‘(i) IN
GENERAL.—If the Secretary 
proves fraud or unlawful activity that is 
willful, noncorrectable, or the subject of a 
combined noncompliance and adverse ac-
tion, the determination may be appealed 
through an expedited administrative appeal 
process. 
‘‘(ii) DEADLINE.—The expedited ap-
peal process shall be completed not later 
than 30 days after the date of the issuance 
of the stop sale order. 
‘‘(iii) STAY.—Any stop sale order 
shall be stayed pending the 30 day-expe-
dited appeal under this subparagraph. 
‘‘(2) CERTIFICATION
OR
ACCREDITATION.— 
After notice and opportunity for an administrative 
appeal under section 2121, if a violation described in 
subparagraph (A)(ii) is determined to have occurred 
and is an unlawful act under subsection (d), the Sec-
retary shall revoke the organic certification of the 
producer or handler, or the accreditation of the cer-
tifying agent. 
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‘‘(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 under sub-
sections (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— 
‘‘(A) first, to the administrative appeals 
process established under section 2121(a); and 
‘‘(B) after a final decision of the Secretary, 
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 determination under subparagraph (A). 
‘‘(2) STANDARD.—An order under subsection 
(e)(1)(A), or a revocation of certification or accredi-
tation under subsection (e)(2), shall be set aside if 
the order, or the revocation of certification or ac-
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creditation, fails to comply with section 706 of title 
5, United States Code. 
‘‘(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. 
‘‘(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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