dreamproit/uscode huggingface dataset:
7 U.S.C. § 6413 (AGRICULTURE)
§ 6413. Requirement of initial referendum
(a) In general
Within the 60-day period immediately preceding the effective date of an order issued under section 6405(a) of this title, the Secretary shall conduct a referendum among fluid milk processors to ascertain whether the order shall go into effect.
(b) Implementation
If, as a result of the referendum conducted under subsection (a) of this section, the Secretary determines that implementation of the order is favored—
(1) by at least 50 percent of fluid milk processors voting in the referendum; and
(2) by fluid milk processors voting in the referendum that marketed during the representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;
the order shall become effective as provided in section 6405(b) of this title.
(c) Costs of referendum
The Secretary shall be reimbursed from any assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this chapter.
(d) Manner
(1) In general
Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the Secretary.
(2) Advance registration
A fluid milk processor who chooses to vote in any referendum conducted under this chapter shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
(3) Voting
A fluid milk processor who votes in any referendum conducted under this chapter shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the vote of any processor shall be held strictly confidential.
(4) Notice
The Secretary shall notify all processors at least 30 days prior to a referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.
(Pub. L. 101–624, title XIX, § 1999N, Nov. 28, 1990, 104 Stat. 3924; Pub. L. 104–127, title I, § 146(d)(1), Apr. 4, 1996, 110 Stat. 919.)
heading: Amendments
text: 1996—Subsec. (b)(2). Pub. L. 104–127 substituted “fluid milk processors voting in the referendum;” for “all processors;”.
7 U.S.C. § 6414 (AGRICULTURE)
§ 6414. Suspension or termination of orders
(a) Suspension or termination by Secretary
The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of the order or provision.
(b) Other referenda
(1) In general
The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the preceding referendum.
(2) Suspension or termination
If the Secretary determines that the suspension or termination is favored—
(A) by at least 50 percent of fluid milk processors voting in the referendum; and
(B) by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;
the Secretary shall, within 6 months after making the determination, suspend or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
(3) Costs; manner
Subsections (c) and (d) of section 6413 of this title shall apply to a referendum conducted under this subsection.
(Pub. L. 101–624, title XIX, § 1999O, Nov. 28, 1990, 104 Stat. 3925; Pub. L. 104–127, title I, § 146(d)(2), (e), Apr. 4, 1996, 110 Stat. 919; Pub. L. 107–171, title I, § 1506(c), May 13, 2002, 116 Stat. 210.)
heading: Amendments
text: 2002—Pub. L. 107–171 redesignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out heading and text of former subsec. (a). Text read as follows: “Any order effective under this chapter shall be terminated December 31, 2002. The Secretary shall—
“(1) terminate the collection of assessments under the order upon such date; and
“(2) terminate activities under the order in an orderly manner as soon as practicable after such date.”
1996—Subsec. (a). Pub. L. 104–127, § 146(e), substituted “2002” for “1996” in introductory provisions.
Subsec. (c)(1). Pub. L. 104–127, § 146(d)(2)(A), substituted “fluid milk processors voting in the preceding referendum” for “all processors”.
Subsec. (c)(2)(B). Pub. L. 104–127, § 146(d)(2)(B), substituted “fluid milk processors voting in the referendum;” for “all processors;”.
7 U.S.C. § 6415 (AGRICULTURE)
§ 6415. Amendments
(a) Amendments to order
Subject to subsection (b) of this section, the Secretary may issue such amendments to an order as may be necessary to carry out this chapter.
(b) Amendment to assessment rates
(1) In general
The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on adjusting the assessment rate under the order issued under this chapter then in effect, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by all processors.
(2) Adjustment to assessment rate
The Secretary shall adjust the assessment rate under the order whenever the Secretary determines that the adjustment is favored—
(A) by at least 50 percent of fluid milk processors voting in the referendum; and
(B) by fluid milk processors that marketed during a representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors;
In no event shall the rate of assessment prescribed by the order exceed 20 cents per hundredweight.
(3) Effective date
The adjusted assessment rate shall be effective on a date, as determined by the Secretary, after the results of the referendum are known, but not later than 30 days after the referendum.
(4) Costs; manner
Subsections (c) and (d) of section 6413 of this title shall apply to a referendum conducted under this subsection.
(Pub. L. 101–624, title XIX, § 1999P, Nov. 28, 1990, 104 Stat. 3926.)
7 U.S.C. § 6416 (AGRICULTURE)
§ 6416. Independent evaluation of programs
(a) Review and evaluation
The Comptroller General of the United States shall review and evaluate the order to—
(1) determine the effectiveness of the promotion program conducted under this chapter on fluid milk sales;
(2) determine if the assessments for the program have been passed back to milk producers by fluid milk processors; and
(3) make recommendations for future funding and assessment levels for the program.
(b) Report to Congress
The Comptroller General shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the valuations made under this section no later than January 1, 1995.
(Pub. L. 101–624, title XIX, § 1999Q, Nov. 28, 1990, 104 Stat. 3926.)
7 U.S.C. § 6417 (AGRICULTURE)
§ 6417. Authorization of appropriations
(a) In general
There are authorized to be appropriated for each fiscal year such funds as are necessary to carry out this chapter.
(b) Administrative expenses
The funds so appropriated shall not be available for payment of the expenses or expenditures of the Board in administering any provision of any order issued under this chapter.
(Pub. L. 101–624, title XIX, § 1999R, Nov. 28, 1990, 104 Stat. 3926.)
7 U.S.C. § 6501 (AGRICULTURE)
§ 6501. Purposes
It is the purpose of this chapter—
(1) to establish national standards governing the marketing of certain agricultural products as organically produced products;
(2) to assure consumers that organically produced products meet a consistent standard; and
(3) to facilitate interstate commerce in fresh and processed food that is organically produced.
(Pub. L. 101–624, title XXI, § 2102, Nov. 28, 1990, 104 Stat. 3935.)
heading: Short Title
text: Pub. L. 101–624, title XXI, § 2101, Nov. 28, 1990, 104 Stat. 3935, provided that: “This title [enacting this chapter] may be cited as the ‘Organic Foods Production Act of 1990’.”
7 U.S.C. § 6503 (AGRICULTURE)
§ 6503. National organic production program
(a) In general
The Secretary shall establish an organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided for in this chapter.
(b) State program
In establishing the program under subsection (a) of this section, the Secretary shall permit each State to implement a State organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided for in this chapter.
(c) Consultation
In developing the program under subsection (a) of this section, and the National List under section 6517 of this title, the Secretary shall consult with the National Organic Standards Board established under section 6518 of this title.
(d) Certification
The Secretary shall implement the program established under subsection (a) of this section through certifying agents. Such certifying agents may certify a farm or handling operation that meets the requirements of this chapter and the requirements of the organic certification program of the State (if applicable) as an organically certified farm or handling operation.
(Pub. L. 101–624, title XXI, § 2104, Nov. 28, 1990, 104 Stat. 3937.)
7 U.S.C. § 6504 (AGRICULTURE)
§ 6504. National standards for organic production
To be sold or labeled as an organically produced agricultural product under this chapter, an agricultural product shall—
(1) have been produced and handled without the use of synthetic chemicals, except as otherwise provided in this chapter;
(2) except as otherwise provided in this chapter and excluding livestock, not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products; and
(3) be produced and handled in compliance with an organic plan agreed to by the producer and handler of such product and the certifying agent.
(Pub. L. 101–624, title XXI, § 2105, Nov. 28, 1990, 104 Stat. 3937; Pub. L. 102–237, title X, § 1001(1), Dec. 13, 1991, 105 Stat. 1893.)
heading: Amendments
text: 1991—Par. (2). Pub. L. 102–237 substituted “; and” for period at end.
7 U.S.C. § 6505 (AGRICULTURE)
§ 6505. Compliance requirements
(a) Domestic products
(1) In general
On or after October 1, 1993—
(A) a person may sell or label an agricultural product as organically produced only if such product is produced and handled in accordance with this chapter; and
(B) no person may affix a label to, or provide other market information concerning, an agricultural product if such label or information implies, directly or indirectly, that such product is produced and handled using organic methods, except in accordance with this chapter.
(2) USDA standards and seal
A label affixed, or other market information provided, in accordance with paragraph (1) may indicate that the agricultural product meets Department of Agriculture standards for organic production and may incorporate the Department of Agriculture seal.
(b) Imported products
Imported agricultural products may be sold or labeled as organically produced if the Secretary determines that such products have been produced and handled under an organic certification program that provides safeguards and guidelines governing the production and handling of such products that are at least equivalent to the requirements of this chapter.
(c) Exemptions for processed food
Subsection (a) of this section shall not apply to agricultural products that—
(1) contain at least 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word “organic” to be used on the principal display panel of such products only for the purpose of describing the organically produced ingredients; or
(2) contain less than 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word “organic” to appear on the ingredient listing panel to describe those ingredients that are organically produced in accordance with this chapter.
(d) Small farmer exemption
Subsection (a)(1) of this section shall not apply to persons who sell no more than $5,000 annually in value of agricultural products.
(Pub. L. 101–624, title XXI, § 2106, Nov. 28, 1990, 104 Stat. 3937.)
7 U.S.C. § 6507 (AGRICULTURE)
§ 6507. State organic certification program
(a) In general
The governing State official may prepare and submit a plan for the establishment of a State organic certification program to the Secretary for approval. A State organic certification program must meet the requirements of this chapter to be approved by the Secretary.
(b) Additional requirements
(1) Authority
A State organic certification program established under subsection (a) of this section may contain more restrictive requirements governing the organic certification of farms and handling operations and the production and handling of agricultural products that are to be sold or labeled as organically produced under this chapter than are contained in the program established by the Secretary.
(2) Content
Any additional requirements established under paragraph (1) shall—
(A) further the purposes of this chapter;
(B) not be inconsistent with this chapter;
(C) not be discriminatory towards agricultural commodities organically produced in other States in accordance with this chapter; and
(D) not become effective until approved by the Secretary.
(c) Review and other determinations
(1) Subsequent review
The Secretary shall review State organic certification programs not less than once during each 5-year period following the date of the approval of such programs.
(2) Changes in program
The governing State official, prior to implementing any substantive change to programs approved under this subsection, shall submit such change to the Secretary for approval.
(3) Time for determination
The Secretary shall make a determination concerning any plan, proposed change to a program, or a review of a program not later than 6 months after receipt of such plan, such proposed change, or the initiation of such review.
(Pub. L. 101–624, title XXI, § 2108, Nov. 28, 1990, 104 Stat. 3939.)
7 U.S.C. § 6508 (AGRICULTURE)
§ 6508. Prohibited crop production practices and materials
(a) Seed, seedlings and planting practices
For a farm to be certified under this chapter, producers on such farm shall not apply materials to, or engage in practices on, seeds or seedlings that are contrary to, or inconsistent with, the applicable organic certification program.
(b) Soil amendments
For a farm to be certified under this chapter, producers on such farm shall not—
(1) use any fertilizers containing synthetic ingredients or any commercially blended fertilizers containing materials prohibited under this chapter or under the applicable State organic certification program; or
(2) use as a source of nitrogen: phosphorous, lime, potash, or any materials that are inconsistent with the applicable organic certification program.
(c) Crop management
For a farm to be certified under this chapter, producers on such farm shall not—
(1) use natural poisons such as arsenic or lead salts that have long-term effects and persist in the environment, as determined by the applicable governing State official or the Secretary;
(2) use plastic mulches, unless such mulches are removed at the end of each growing or harvest season; or
(3) use transplants that are treated with any synthetic or prohibited material.
(Pub. L. 101–624, title XXI, § 2109, Nov. 28, 1990, 104 Stat. 3940.)
7 U.S.C. § 6510 (AGRICULTURE)
§ 6510. Handling
(a) In general
For a handling operation to be certified under this chapter, each person on such handling operation shall not, with respect to any agricultural product covered by this chapter—
(1) add any synthetic ingredient not appearing on the National List during the processing or any postharvest handling of the product;
(2) add any ingredient known to contain levels of nitrates, heavy metals, or toxic residues in excess of those permitted by the applicable organic certification program;
(3) add any sulfites, except in the production of wine, nitrates, or nitrites;
(4) add any ingredients that are not organically produced in accordance with this chapter and the applicable organic certification program, unless such ingredients are included on the National List and represent not more than 5 percent of the weight of the total finished product (excluding salt and water);
(5) use any packaging materials, storage containers or bins that contain synthetic fungicides, preservatives, or fumigants;
(6) use any bag or container that had previously been in contact with any substance in such a manner as to compromise the organic quality of such product; or
(7) use, in such product water that does not meet all Safe Drinking Water Act [42 U.S.C. 300f et seq.] requirements.
(b) Meat
For a farm or handling operation to be organically certified under this chapter, producers on such farm or persons on such handling operation shall ensure that organically produced meat does not come in contact with nonorganically produced meat.
(Pub. L. 101–624, title XXI, § 2111, Nov. 28, 1990, 104 Stat. 3941; Pub. L. 102–237, title X, § 1001(3), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 106–387, § 1(a) [title VII, § 748], Oct. 28, 2000, 114 Stat. 1549, 1549A–41; Pub. L. 109–97, title VII, § 797(a), Nov. 10, 2005, 119 Stat. 2165.)
heading: References in Text
text: The Safe Drinking Water Act, referred to in subsec. (a)(7), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
heading: Amendments
text: 2005—Subsec. (a)(1). Pub. L. 109–97 inserted “not appearing on the National List” after “ingredient”.
2000—Subsec. (a)(3). Pub. L. 106–387 inserted “except in the production of wine,” after “sulfites,”.
1991—Subsec. (a)(1). Pub. L. 102–237 substituted “postharvest” for “post harvest”.
7 U.S.C. § 6511 (AGRICULTURE)
§ 6511. Additional guidelines
(a) In general
The Secretary, the applicable governing State official, and the certifying agent shall utilize a system of residue testing to test products sold or labeled as organically produced under this chapter to assist in the enforcement of this chapter.
(b) Preharvest testing
The Secretary, the applicable governing State official, or the certifying agent may require preharvest tissue testing of any crop grown on soil suspected of harboring contaminants.
(c) Compliance review
(1) Inspection
If the Secretary, the applicable governing State official, or the certifying agent determines that an agricultural product sold or labeled as organically produced under this chapter contains any detectable pesticide or other non-organic residue or prohibited natural substance the Secretary, the applicable governing State official, or the certifying agent shall conduct an investigation to determine if the organic certification program has been violated, and may require the producer or handler of such product to prove that any prohibited substance was not applied to such product.
(2) Removal of organic label
If, as determined by the Secretary, the applicable governing State official, or the certifying agent, the investigation conducted under paragraph (1) indicates that the residue is—
(A) the result of intentional application of a prohibited substance; or
(B) present at levels that are greater than unavoidable residual environmental contamination as prescribed by the Secretary or the applicable governing State official in consultation with the appropriate environmental regulatory agencies;
such agricultural product shall not be sold or labeled as organically produced under this chapter.
(d) Recordkeeping requirements
Producers who operate a certified organic farm or handling operation under this chapter shall maintain records for 5 years concerning the production or handling of agricultural products sold or labeled as organically produced under this chapter, including—
(1) a detailed history of substances applied to fields or agricultural products; and
(2) the names and addresses of persons who applied such substances, the dates, the rate, and method of application of such substances.
(Pub. L. 101–624, title XXI, § 2112, Nov. 28, 1990, 104 Stat. 3942; Pub. L. 102–237, title X, § 1001(4), Dec. 13, 1991, 105 Stat. 1893.)
heading: Amendments
text: 1991—Subsec. (b). Pub. L. 102–237 substituted “Preharvest” for “Pre-harvest” in heading.
7 U.S.C. § 6512 (AGRICULTURE)
§ 6512. Other production and handling practices
If a production or handling practice is not prohibited or otherwise restricted under this chapter, such practice shall be permitted unless it is determined that such practice would be inconsistent with the applicable organic certification program.
(Pub. L. 101–624, title XXI, § 2113, Nov. 28, 1990, 104 Stat. 3943.)