456 
(e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS 
FROM PROMOTION ORDER ASSESSMENTS.—Subsection 
(e) of section 501 of the Federal Agriculture Improvement 
and Reform Act of 1996 (7 U.S.C. 7401) is amended to 
read as follows: 
‘‘(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 
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 a suc-
cessor regulation). 
‘‘(2) SPLIT OPERATIONS.—The exemption de-
scribed in paragraph (1) shall apply to the certified 
‘organic’ or ‘100 percent organic’ (as defined in part 
205 of title 7 of the Code of Federal Regulations (or 
a successor regulation)) products of a producer, han-
dler, or marketer regardless of whether the agricul-
tural commodity subject to the exemption is pro-
duced, handled, or marketed by a person that also 
produces, handles, or markets conventional or non-
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00456
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
457 
organic agricultural products, including conventional 
or nonorganic agricultural products of the same ag-
ricultural commodity as that for which the exemp-
tion 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). 
‘‘(5) REGULATIONS.—The Secretary shall pro-
mulgate regulations concerning eligibility and com-
pliance for an exemption under paragraph (1).’’. 
(f) ORGANIC COMMODITY PROMOTION ORDER.—Sec-
tion 501 of the Federal Agriculture Improvement and Re-
form Act of 1996 (7 U.S.C. 7401) is amended by adding 
at the end the following new subsection: 
‘‘(f) ORGANIC COMMODITY PROMOTION ORDER.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CERTIFIED
ORGANIC
FARM.—The 
term ‘certified organic farm’ has the meaning 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00457
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
458 
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— 
‘‘(I) an organic commodity pro-
motion order issued pursuant to para-
graph (2); and 
‘‘(II) any other agricultural com-
modity promotion order issued under 
section 514. 
‘‘(2) AUTHORIZATION.—The Secretary may 
issue an organic commodity promotion order under 
section 514 that includes any agricultural com-
modity that— 
‘‘(A) is produced or handled (as defined in 
section 2103 of the Organic Foods Production 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00458
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
459 
Act of 1990 (7 U.S.C. 6502)) and that is cer-
tified to be sold or labeled as ‘organic’ or ‘100 
percent organic’ (as defined in part 205 of title 
7, Code of Federal Regulations or a successor 
regulation)); or 
‘‘(B) is imported with a valid organic cer-
tificate (as defined in such 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 
sole discretion of the covered person, whether to be 
assessed under the organic commodity promotion 
order or another applicable agricultural commodity 
promotion order. 
‘‘(4) REGULATIONS.—The Secretary shall pro-
mulgate regulations concerning eligibility and com-
pliance for an exemption under paragraph (1).’’. 
(g) DEFINITION OF AGRICULTURAL COMMODITY.— 
Section 513(1) of the Commodity Promotion, Research, 
and Information Act of 1996 (7 U.S.C. 7412(1)) is 
amended— 
(1) by redesignating subparagraphs (E) and 
(F) as subparagraphs (F) and (G), respectively; and 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00459
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
460 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) products, as a class, that are pro-
duced on a certified organic farm (as defined in 
section 2103 of the Organic Foods Production 
Act of 1990 (7 U.S.C. 6502)) and that are cer-
tified to be sold or labeled as ‘organic’ or ‘100 
percent organic’ (as defined in part 205 of title 
7, Code of Federal Regulations or a successor 
regulation);’’. 
SEC. 9005. INVESTIGATIONS AND ENFORCEMENT OF THE 
ORGANIC FOODS PRODUCTION ACT OF 1990. 
The Organic Foods Production Act of 1990 is amend-
ed by inserting after section 2122 (7 U.S.C. 6521) the 
following new section: 
‘‘SEC. 2122A. INVESTIGATION AND ENFORCEMENT. 
‘‘(a) EXPEDITED ADMINISTRATIVE HEARING.—The 
Secretary shall establish an expedited administrative hear-
ing procedure under which the Secretary may suspend or 
revoke the organic certification of a producer or handler 
or the accreditation of a certifying agent in accordance 
with subsection (d). Such a hearing may be conducted in 
addition to a hearing conducted pursuant to section 2120. 
‘‘(b) INVESTIGATION.— 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00460
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
461 
‘‘(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 
‘‘(B) to determine, with regard to actions, 
practices, or information required under this 
title, whether a person covered by this title has 
committed a violation 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 records re-
quired to be maintained under section 2112(d) or 
2116(c) that are relevant to the investigation. 
‘‘(c) UNLAWFUL ACT.—It shall be unlawful and a 
violation of this title for any person covered by this title— 
‘‘(1) to refuse to provide information required 
by the Secretary under this title; or 
‘‘(2) to violate— 
‘‘(A) a suspension or revocation of the or-
ganic certification of a producer or handler; or 
‘‘(B) a suspension or revocation of the ac-
creditation of a certifying agent. 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00461
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
464 
‘‘(I) before the date on which the 
suspension would otherwise have been 
issued, cures, or corrects the defi-
ciency giving rise to, the violation for 
which the certification or accreditation 
would have been suspended; or 
‘‘(II) within a reasonable time-
frame (as determined by the Sec-
retary), enters into a settlement with 
the Secretary regarding a deficiency 
referred to in subclause (I). 
‘‘(ii) DURING SUSPENSION.—The Sec-
retary shall terminate the suspension of an 
organic certification or accreditation issued 
under this paragraph if the producer, han-
dler, or certifying agent subject to such 
suspension cures the violation for which 
the certification or accreditation was sus-
pended under this paragraph before the 
date on which the period of the suspension 
ends. 
‘‘(2) REVOCATION.— 
‘‘(A) IN
GENERAL.—The Secretary may, 
after notice and opportunity for an expedited 
administrative hearing under this section and 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00464
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
465 
an expedited administrative appeal under sec-
tion 2121, revoke the organic certification of a 
producer or handler, or the accreditation of a 
certifying agent if— 
‘‘(i) the Secretary, during such hear-
ing, proved that— 
‘‘(I) in the case of a producer or 
handler, the producer or handler— 
‘‘(aa) has knowingly com-
mitted an egregious violation of a 
term, condition, or requirement 
of the organic plan to which the 
producer or handler is subject; or 
‘‘(bb) has knowingly com-
mitted, or is knowingly commit-
ting, an egregious violation of 
this title; or 
‘‘(II) in the case of a certifying 
agent, the agent has knowingly com-
mitted, or is knowingly committing, 
an egregious violation of this title; or 
‘‘(ii) the producer, handler, or certi-
fying agent has waived such expedited ad-
ministrative hearing and such an expedited 
administrative appeal. 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00465
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
466 
‘‘(B) INITIATION
OF
REVOCATION
PRO-
CEEDINGS.— 
‘‘(i) IN
GENERAL.—If the Secretary 
finds, during an investigation or during the 
period of a suspension under paragraph 
(1), that a producer, handler, or certifying 
agent has knowingly committed an egre-
gious violation of this title, the Secretary 
shall initiate revocation proceedings with 
respect to such violation not later than 30 
days after the date on which the producer, 
handler, or certifying agent receives notice 
of such finding in accordance with clause 
(ii). The Secretary may not initiate revoca-
tion proceedings with respect to such viola-
tion after the date on which that 30-day 
period ends. 
‘‘(ii) NOTICE.—Not later than five 
days after the date on which the Secretary 
makes the finding described in clause (i), 
the Secretary shall provide to the producer, 
handler, or certifying agent notice of such 
finding. 
‘‘(e) APPEAL.— 
‘‘(1) SUSPENSIONS.— 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00466
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
467 
‘‘(A) IN GENERAL.—The suspension of a 
certification or accreditation under subsection 
(d)(1) by the Secretary may be appealed to a 
United States district court in accordance with 
section 2121(b) not later than 30 business days 
after the date on which the person subject to 
such suspension receives notice of the suspen-
sion. 
‘‘(B) SUSPENSION
FINAL
AND
CONCLU-
SIVE.—A suspension of a certification or ac-
creditation under subsection (d)(1) by the Sec-
retary shall be final and conclusive— 
‘‘(i) in the case of a suspension that 
is appealed under subparagraph (A) within 
the 30-day period specified in such sub-
paragraph, on the date on which judicial 
review of such suspension is complete; or 
‘‘(ii) in the case of a suspension that 
is not so appealed, the date on which such 
30-day period ends. 
‘‘(2) REVOCATIONS.— 
‘‘(A) IN GENERAL.—The revocation of a 
certification or an accreditation under sub-
section (d)(2) by the Secretary may be appealed 
to a United States district court in accordance 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00467
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
468 
with section 2121(b) not later than 30 business 
days after the date on which the person subject 
to such revocation receives notice of the revoca-
tion. 
‘‘(B) REVOCATION
FINAL
AND
CONCLU-
SIVE.—A revocation of a certification or an ac-
creditation under subsection (d)(2) by the Sec-
retary shall be final and conclusive— 
‘‘(i) in the case of a revocation that is 
appealed under subparagraph (A) within 
the 30-day period specified in such sub-
paragraph, on the date on which judicial 
review of such revocation is complete; or 
‘‘(ii) in the case of a revocation that 
is not so appealed, the date on which such 
30-day period ends. 
‘‘(3) STANDARDS FOR REVIEW OF SUSPENSIONS 
AND REVOCATIONS.—A suspension or revocation of a 
certification or an accreditation under subsection (d) 
shall be reviewed in accordance with the standards 
of review specified in section 706(2) of title 5, 
United States Code. 
‘‘(f) NONCOMPLIANCE.— 
‘‘(1) IN GENERAL.—If a person covered by this 
title fails to obey a revocation of a certification or 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00468
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
469 
an accreditation under subsection (d)(2) after such 
revocation has become final and conclusive or after 
the appropriate United States district court has en-
tered a final judgment in favor of the Secretary, the 
United States may apply to the appropriate United 
States district court for enforcement of such revoca-
tion. 
‘‘(2) ENFORCEMENT.—If the court determines 
that the revocation was lawfully made and duly 
served and that the person violated the revocation, 
the court shall enforce the revocation. 
‘‘(3) CIVIL PENALTY.—If the court finds that 
the person violated the revocation of a certification 
or an accreditation under subsection (d)(2), the per-
son shall be subject to one or more of the penalties 
provided in subsections (a) and (b) of section 2120. 
‘‘(g) VIOLATION OF THIS TITLE DEFINED.—In this 
section, the term ‘violation of this title’ means a violation 
specified in section 2120.’’. 
SEC. 9006. FOOD SAFETY EDUCATION INITIATIVES. 
Section 10105 of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 7655) is amended— 
(1) in subsection (a)— 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00469
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS