Collapse to view only § 4909. Petition and review
- § 4901. Congressional findings and declaration of policy
- § 4902. Definitions
- § 4903. Issuance of plans
- § 4904. Notice and hearings
- § 4905. Regulations
- § 4906. Required terms in plans
- § 4907. Permissive terms in plans
- § 4908. Assessment procedures
- § 4909. Petition and review
- § 4910. Enforcement
- § 4911. Investigation and power to subpoena
- § 4912. Requirement of referendum
- § 4913. Suspension or termination of plans
- § 4914. Amendment procedure
- § 4915. Separability
- § 4916. Authorization of appropriations
- § 6501. Purposes
- § 6502. Definitions
- § 6503. National organic production program
- § 6504. National standards for organic production
- § 6505. Compliance requirements
- § 6506. General requirements
- § 6507. State organic certification program
- § 6508. Prohibited crop production practices and materials
- § 6509. Animal production practices and materials
- § 6510. Handling
- § 6511. Additional guidelines
- § 6512. Other production and handling practices
- § 6513. Organic plan
- § 6514. Accreditation program
- § 6515. Requirements of certifying agents
- § 6516. Peer review of certifying agents
- § 6517. National List
- § 6518. National Organic Standards Board
- § 6519. Recordkeeping, investigations, and enforcement
- § 6520. Administrative appeal
- § 6521. Administration
- § 6521a. Organic agricultural product imports interagency working group
- § 6522. Funding
- § 6523. National organic certification cost-share program
- § 6524. Organically produced food
§ 4901. Congressional findings and declaration of policy
(a) Congress finds that—
(1) the per capita consumption of watermelons in the United States has declined steadily in recent years;
(2) watermelons are an important cash crop to many farmers in the United States and are an economical, enjoyable, and healthful food for consumers;
(3) approximately 2,607,600,000 pounds of watermelons with a farm value of $158,923,000 were produced in 1981 in the United States;
(4) watermelons move in the channels of interstate commerce, and watermelons that do not move in such channels directly affect interstate commerce;
(5) the maintenance and expansion of existing markets and the establishment of new or improved markets and uses for watermelons are vital to the welfare of watermelon growers and those concerned with marketing, using, handling, and importing watermelons, as well as the general economic welfare of the Nation; and
(6) the development and implementation of coordinated programs of research, development, advertising, and promotion are necessary to maintain and expand existing markets and establish new or improved markets and uses for watermelons.
(b) It is declared to be the policy of Congress that it is essential in the public interest, through the exercise of the powers provided herein, to authorize the establishment of an orderly procedure for the development, financing (through adequate assessments on watermelons harvested in the United States, or imported into the United States, for commercial use), and carrying out of an effective, continuous, and coordinated program of research, development, advertising, and promotion designed to strengthen the watermelon’s competitive position in the marketplace, and establish, maintain, and expand domestic and foreign markets for watermelons. The purpose of this chapter is to so authorize the establishment of such procedure and the development, financing, and carrying out of such program. Nothing in this chapter may be construed to dictate quality standards nor provide for the control of production or otherwise limit the right of individual watermelon producers to produce watermelons.
(Pub. L. 99–198, title XVI, § 1642, Dec. 23, 1985, 99 Stat. 1622; Pub. L. 103–189, § 8(k)(1), (2), Dec. 14, 1993, 107 Stat. 2263.)
§ 4902. Definitions
As used in this chapter:
(1) The term “Secretary” means the Secretary of Agriculture.
(2) The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or other entity.
(3) The term “watermelon” means all varieties of watermelon grown by producers in the United States or imported into the United States.
(4) The term “handler” means any person (except a common or contract carrier of watermelons owned by another person) who handles watermelons in a manner specified in a plan issued under this chapter or in regulations promulgated thereunder.
(5) The term “producer” means any person engaged in the growing of 10 or more acres of watermelons.
(6) The term “importer” means any person who imports watermelons into the United States.
(7) The term “plan” means an order issued by the Secretary under this chapter.
(8) The term “promotion” means any action taken by the Board, under this chapter, to present a favorable image for watermelons to the public with the express intent of improving the competitive position of watermelons in the marketplace and stimulating sales of watermelons, and shall include, but not be limited to, paid advertising.
(9) The term “Board” means the National Watermelon Promotion Board provided for in section 4906 of this title.
(10) The term “United States” means each of the several States and the District of Columbia.
(Pub. L. 99–198, title XVI, § 1643, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, §§ 3(a), 8(a), (k)(3), 9(a), Dec. 14, 1993, 107 Stat. 2259, 2261, 2263, 2264.)
§ 4903. Issuance of plans
To effectuate the declared policy of this chapter, the Secretary shall, under the provisions of this chapter, issue, and from time to time may amend, orders (applicable to producers, handlers, and importers of watermelons) authorizing the collection of assessments on watermelons under this chapter and the use of such funds to cover the costs of research, development, advertising, and promotion with respect to watermelons under this chapter. Any plan shall be applicable to watermelons produced in the United States or imported into the United States.
(Pub. L. 99–198, title XVI, § 1644, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, §§ 3(b), 8(b), Dec. 14, 1993, 107 Stat. 2259, 2261.)
§ 4904. Notice and hearings
(a) When sufficient evidence, as determined by the Secretary, is presented to the Secretary by watermelon producers, handlers, and importers, or whenever the Secretary has reason to believe that a plan will tend to effectuate the declared policy of this chapter, the Secretary shall give due notice and opportunity for a hearing on a proposed plan. Such hearing may be requested by watermelon producers, handlers, or importers or by any other interested person, including the Secretary, when the request for such hearing is accompanied by a proposal for a plan.
(b) After notice and opportunity for hearing as provided in subsection (a) of this section, the Secretary shall issue a plan if the Secretary finds, and sets forth in such plan, on the evidence introduced at the hearing that the issuance of the plan and all the terms and conditions thereof will tend to effectuate the declared policy of this chapter.
(Pub. L. 99–198, title XVI, § 1645, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, § 8(c), Dec. 14, 1993, 107 Stat. 2261.)
§ 4905. Regulations
The Secretary may issue such regulations as may be necessary to carry out the provisions of this chapter and the powers vested in the Secretary under this chapter.
(Pub. L. 99–198, title XVI, § 1646, Dec. 23, 1985, 99 Stat. 1624.)
§ 4906. Required terms in plans
(a) Description of terms and provisions
(b) Establishment and powers of National Watermelon Promotion BoardThe plan shall provide for the establishment by the Secretary of the National Watermelon Promotion Board and for defining its powers and duties, which shall include the powers to—
(1) administer the plan in accordance with its terms and conditions;
(2) make rules and regulations to effectuate the terms and conditions of the plan;
(3) receive, investigate, and report to the Secretary complaints of violations of the plan; and
(4) recommend to the Secretary amendments to the plan.
(c) Membership of Board; representation of interests; appointment; nomination; eligibility of producers; importer representation
(1) The plan shall provide that the Board shall be composed of representatives of producers and handlers, and one representative of the public, appointed by the Secretary from nominations submitted in accordance with this subsection. An equal number of representatives of producers and handlers shall be nominated by producers and handlers, and the representative of the public shall be nominated by the other members of the Board, in such manner as may be prescribed by the Secretary. If producers and handlers fail to select nominees for appointment to the Board, the Secretary may appoint persons on the basis of representation as provided for in the plan. If the Board fails to nominate a public representative, the Secretary shall choose such representative for appointment.
(2) A producer shall be eligible to serve on the Board only as a representative of handlers, and not as a representative of producers, if—
(A) the producer purchases watermelons from other producers, in a combined total volume that is equal to 25 percent or more of the producer’s own production; or
(B) the combined total volume of watermelons handled by the producer from the producer’s own production and purchases from other producers’ production is more than 50 percent of the producer’s own production.
(3)
(A) If importers are subject to the plan, the Board shall also include 1 or more representatives of importers, who shall be appointed by the Secretary from nominations submitted by importers in such manner as may be prescribed by the Secretary.
(B) Importer representation on the Board shall be proportionate to the percentage of assessments paid by importers to the Board, except that at least 1 representative of importers shall serve on the Board.
(C) If importers are subject to the plan and fail to select nominees for appointment to the Board, the Secretary may appoint any importers as the representatives of importers.
(D) Not later than 5 years after the date that importers are subjected to the plan, and every 5 years thereafter, the Secretary shall evaluate the average annual percentage of assessments paid by importers during the 3-year period preceding the date of the evaluation and adjust, to the extent practicable, the number of importer representatives on the Board.
(d) Compensation and expenses of Board
(e) Budget on fiscal period basis
(f) Assessments; payments; notice
(g) Scope of expenditures; restrictions; assessments on per-unit basis; importersThe plan shall provide the following:
(1) Funds received by the Board shall be used for research, development, advertising, or promotion of watermelons and such other expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary, including any referendum and administrative costs incurred by the Department of Agriculture under this chapter.
(2) No advertising or sales promotion program under this chapter shall make any reference to private brand names nor use false or unwarranted claims in behalf of watermelons or their products or false or unwarranted statements with respect to attributes or use of any competing products.
(3) No funds received by the Board shall in any manner be used for the purpose of influencing governmental policy or action, except as provided by subsections (b)(4) and (f).
(4) Assessments shall be made on watermelons produced by producers and watermelons handled by handlers, and the rate of such assessments in the case of producers and handlers shall be the same, on a per-unit basis, for producers and handlers. If a person performs both producing and handling functions, both assessments shall be paid by such person.
(5) If importers are subject to the plan, an assessment shall also be made on watermelons imported into the United States by the importers. The rate of assessment for importers who are subject to the plan shall be equal to the combined rate for producers and handlers.
(h) Refunds
(1) Except as provided in paragraph (2), the plan shall provide that, notwithstanding any other provisions of this chapter, any watermelon producer or handler (or importer who is subject to the plan) against whose watermelons an assessment is made and collected under this chapter and who is not in favor of supporting the research, development, advertising, and promotion program provided for under this chapter shall have the right to demand a refund of the assessment from the Board, under regulations, and on a form and within a time period (not less than 90 days), prescribed by the Board and approved by the Secretary. A producer or handler (or importer who is subject to the plan) who timely makes demand in accord with the regulations, on submission of proof satisfactory to the Board that the producer, handler, or importer paid the assessment for which the refund is sought, shall receive such refund within 60 days after demand therefor.
(2) If approved in the referendum required by section 4914(b) of this title relating to the elimination of the assessment refund under paragraph (1), the Secretary shall amend the plan that is in effect on the day before December 14, 1993, to eliminate the refund provision.
(3)
(A) Notwithstanding paragraph (2) and subject to subparagraph (B), if importers are subject to the plan, the plan shall provide that an importer of less than 150,000 pounds of watermelons per year shall be entitled to apply for a refund that is based on the rate of assessment paid by domestic producers.
(B) The Secretary may adjust the quantity of the weight exemption specified in subparagraph (A) on the recommendation of the Board after an opportunity for public notice and opportunity for comment in accordance with section 553 of title 5, and without regard to sections 556 and 557 of such title, to reflect significant changes in the 5-year average yield per acre of watermelons produced in the United States.
(i) Submission of programs or projects; approval by Secretary
(j) Contract authority
(k) Recordkeeping; accounting and audit reports
(l) Certification
(Pub. L. 99–198, title XVI, § 1647, Dec. 23, 1985, 99 Stat. 1624; Pub. L. 103–189, §§ 4–7, 8(d)–(f), (k)(4), 9(b), Dec. 14, 1993, 107 Stat. 2260–2262, 2264.)
§ 4907. Permissive terms in plans
(a) Description of terms and provisions; prohibition
(b) Exemptions
(c) Designation of different handler payment and reporting schedules for assessments
(d) Advertising and sales promotion programs or projects
(e) Marketing objectives of research and development projects and studies
(f) Reserve funds; limitation
(g) Foreign market sales
(h) Other terms and conditions
(Pub. L. 99–198, title XVI, § 1648, Dec. 23, 1985, 99 Stat. 1625.)
§ 4908. Assessment procedures
(a) Persons responsible for remittance of assessments; recordkeeping; equal and unitary assessments
(1) Each handler required to pay assessments under a plan, as provided for under section 4906(f) of this title, shall be responsible for payment to the Board, as it may direct, of the assessments. A handler also shall collect from any producer, or shall deduct from the proceeds paid to any producer, on whose watermelons a producer assessment is made, the assessments required to be paid by the producer. The handler shall remit producer assessments to the Board as the Board directs. Such handler shall maintain a separate record with respect to each producer for whom watermelons were handled. Such records shall indicate the total quantity of watermelons handled by the handler, including those handled for producers and for the handler, the total quantity of watermelons handled by the handler that are included under the terms of the plan, as well as those that are exempt under the plan, and such other information as may be prescribed by the Board. To facilitate the collection and payment of assessments, the Board may designate different handlers or classes of handlers to recognize differences in marketing practices or procedures used in any State or area. The handler shall be assessed an equal amount as the producer. No more than one assessment on a producer nor more than one assessment on a handler shall be made on any watermelons.
(2)
(A) If importers are subject to the plan, each importer required to pay assessments under the plan shall be responsible for payment of the assessment to the Board, as the Board may direct.
(B) The assessment on imported watermelons shall be equal to the combined rate for domestic producers and handlers and shall be paid by the importer to the Board at the time of the entry of the watermelons into the United States.
(C) Each importer required to pay assessments under the plan shall maintain a separate record that includes a record of—
(i) the total quantity of watermelons imported into the United States that are included under the terms of the plan;
(ii) the total quantity of watermelons that are exempt from the plan; and
(iii) such other information as may be prescribed by the Board.
(D) No more than 1 assessment shall be made on any imported watermelon.
(b) Inspection of records
(c) Confidentiality of information; disclosure authority; general or violation statements; penalties; removal from officeAll information obtained under subsections (a) and (b) shall be kept confidential by all officers and employees of the Department of Agriculture and of the Board, and only such information so furnished or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or on the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving the plan with reference to which the information to be disclosed was furnished or acquired. Nothing in this subsection shall be deemed to prohibit—
(1) the issuance of general statements based on the reports of a number of handlers or importers subject to a plan if such statements do not identify the information furnished by any person; or
(2) the publication by direction of the Secretary of the name of any person violating any plan together with a statement of the particular provisions of the plan violated by such person.
Any such officer or employee violating the provisions of this subsection shall be subject to a fine of not more than $1,000 or imprisonment for not more than one year, or both, and shall be removed from office.
(Pub. L. 99–198, title XVI, § 1649, Dec. 23, 1985, 99 Stat. 1626; Pub. L. 103–189, § 8(g), Dec. 14, 1993, 107 Stat. 2262.)
§ 4909. Petition and review
(a) Any person subject to a plan may file a written petition with the Secretary, stating that the plan or any provision of the plan, or any obligation imposed in connection therewith, is not in accordance with law and praying for a modification thereof or to be exempted therefrom. The person shall be given an opportunity for a hearing on the petition, in accordance with regulations prescribed by the Secretary. After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with the law.
(b) The district courts of the United States in any district in which the person is an inhabitant, or in which the person’s principal place of business is located, are hereby vested with jurisdiction to review such ruling, provided that a complaint for that purpose is filed within twenty days from the date of the entry of the ruling. Service of process in such proceedings may be had on the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that the ruling is not in accordance with law, it shall remand the proceedings to the Secretary with directions either to (1) make such ruling as the court shall determine to be in accordance with law, or (2) take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted under subsection (a) shall not impede or delay the United States or the Secretary from obtaining relief under section 4910(a) 1
1 See References in Text note below.
of this title.(Pub. L. 99–198, title XVI, § 1650, Dec. 23, 1985, 99 Stat. 1627.)
§ 4910. Enforcement
(a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any plan or regulation made or issued under this chapter. The facts relating to any civil action that may be brought under this subsection shall be referred to the Attorney General for appropriate action, except that nothing in this chapter shall be construed as requiring the Secretary to refer to the Attorney General violations of this chapter whenever the Secretary believes that the administration and enforcement of the plan or regulation would be adequately served by administrative action under subsection (b) or suitable written notice or warning to any person committing the violations.
(b)
(1) Any person who violates any provision of any plan or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee required of the person thereunder, may be assessed a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each violation. Each violation shall be a separate offense. In addition to or in lieu of such civil penalty, the Secretary may issue an order requiring the person to cease and desist from continuing the violation. No penalty shall be assessed nor cease and desist order issued unless the person is given notice and opportunity for a hearing before the Secretary with respect to the violation. The order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person affected by the order files an appeal from the Secretary’s order with the appropriate United States court of appeals.
(2) Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under paragraph (1) may obtain review in the court of appeals of the United States for the circuit in which such person resides or carries on business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within thirty days after the date of the order and by simultaneously sending a copy of the notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record on which the violation was found. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence.
(3) Any person who fails to obey a cease and desist order after it has become final and unappealable, or after the appropriate court of appeals has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in paragraphs (1) and (2), of not more than $500 for each offense. Each day during which the failure continues shall be deemed a separate offense.
(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
(Pub. L. 99–198, title XVI, § 1651, Dec. 23, 1985, 99 Stat. 1627.)
§ 4911. Investigation and power to subpoena
(a) The Secretary may make such investigations as the Secretary deems necessary to carry out effectively the Secretary’s responsibilities under this chapter or to determine whether a person has engaged or is engaging in any acts or practices that constitute a violation of any provision of this chapter, or of any plan or regulation issued under this chapter. For the purpose of an investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpoena issued to, any person, including a handler (or an importer who is subject to the plan), the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring the person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by the court as contempt thereof. All process in any such case may be served in the judicial district in which the person is an inhabitant or wherever the person may be found. The site of any hearing held under this subsection shall be within the judicial district in which the person is an inhabitant or in which the person’s principal place of business is located.
(b) No person shall be excused from attending and testifying or from producing books, papers, and documents before the Secretary, or in obedience to the subpoena of the Secretary, or in any cause or proceeding, criminal or otherwise, based on, or growing out of, any alleged violation of this chapter, or of any plan or regulation issued thereunder, on the grounds that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, no person shall be prosecuted or subjected to any penalty or forfeiture on account of any transaction, matter, or thing concerning which the person is compelled, after having claimed the person’s privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(Pub. L. 99–198, title XVI, § 1652, Dec. 23, 1985, 99 Stat. 1628; Pub. L. 103–189, § 8(h), Dec. 14, 1993, 107 Stat. 2262.)
§ 4912. Requirement of referendum
(a) The Secretary shall conduct a referendum among producers, handlers, and importers not exempt under sections 4902(5) and 4907(b) of this title who, during a representative period determined by the Secretary, have been engaged in the production, handling, or importing of watermelons, for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers, handlers, and importers. The ballots and other information or reports that reveal or tend to reveal the vote of any producer, handler, or importer or the person’s volume of watermelons produced, handled, or imported shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall be subject to the penalties provided in section 4908(c) of this title.
(b) A plan issued under this chapter shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers who are subject to the plan) voting in the referendum.
(Pub. L. 99–198, title XVI, § 1653, Dec. 23, 1985, 99 Stat. 1629; Pub. L. 103–189, §§ 2, 8(i), Dec. 14, 1993, 107 Stat. 2259, 2262.)
§ 4913. Suspension or termination of plans
(a) Whenever the Secretary finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of the plan or provision.
(b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or at least 10 percent of the combined total of the watermelon producers, handlers, and importers eligible to vote in a referendum, to determine if watermelon producers, handlers, and importers favor the termination or suspension of the plan. The Secretary shall terminate or suspend the plan at the end of the marketing year whenever the Secretary determines that the termination or suspension is favored by a majority of those voting in the referendum, and who produce, handle, or import more than 50 per cent of the combined total of the volume of the watermelons produced by the producers, handled by the handlers, or imported by the importers voting in the referendum.
(Pub. L. 99–198, title XVI, § 1654, Dec. 23, 1985, 99 Stat. 1630; Pub. L. 103–189, § 8(j), Dec. 14, 1993, 107 Stat. 2263.)
§ 4914. Amendment procedure
(a) In general
(b) Separate consideration of amendments
(1) In general
(2) Amendments
The amendments referred to in paragraph (1) are the amendments to a plan required under—
(A) section 7 of the Watermelon Research and Promotion Improvement Act of 1993 relating to the elimination of the assessment refund; and
(B) section 8 of such Act relating to subjecting importers to the terms and conditions of the plan.
(3) Importers
(Pub. L. 99–198, title XVI, § 1655, Dec. 23, 1985, 99 Stat. 1630; Pub. L. 103–189, § 10, Dec. 14, 1993, 107 Stat. 2264.)
§ 4915. Separability
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this chapter and the application of such provision to other persons and circumstances shall not be affected thereby.
(Pub. L. 99–198, title XVI, § 1656, Dec. 23, 1985, 99 Stat. 1630.)
§ 4916. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out the provisions of this chapter, except that the funds so appropriated shall not be available for the payment of any expenses or expenditures of the Board in administering any provision of any plan issued under authority of this chapter.
(Pub. L. 99–198, title XVI, § 1657, Dec. 23, 1985, 99 Stat. 1630.)
§ 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.)
§ 6502. DefinitionsAs used in this chapter:
(1) Agricultural product
(2) Botanical pesticides
(3) Certifying agent
(A) In general
(B) Foreign operationsWhen used in the context of a certifying agent operating in a foreign country, the term “certifying agent” includes any person (including a private entity)—
(i) accredited in accordance with section 6514(d) of this title; or
(ii) accredited by a foreign government that acted under an equivalency agreement negotiated between the United States and the foreign government from which the agricultural product is imported.
(4) Certified organic farm
(5) Certified organic handling operation
(6) Crop year
(7) Governing State official
(8) Handle
(9) Handler
(10) Handling operationThe term “handling operation” means any operation or portion of an operation (except final retailers of agricultural products that do not process agricultural products) that—
(A) receives or otherwise acquires agricultural products; and
(B) processes, packages, or stores such products.
(11) Livestock
(12) National List
(13) National organic program import certificateThe term “national organic program import certificate” means a form developed for purposes of the program under this chapter—
(A) to provide documentation sufficient to verify that an agricultural product imported for sale in the United States satisfies the requirement under section 6514(c) of this title;
(B) which shall include, at a minimum, information sufficient to indicate, with respect to the agricultural product—
(i) the origin;
(ii) the destination;
(iii) the certifying agent issuing the national organic program import certificate;
(iv) the harmonized tariff code, if a harmonized tariff code exists for the agricultural product;
(v) the total weight; and
(vi) the organic standard to which the agricultural product is certified; and
(C) that is not more than otherwise required under an equivalency agreement negotiated between the United States and the foreign government.
(14) Organic plan
(15) Organically produced
(16) Person
(17) Pesticide
(18) Processing
(19) Producer
(20) Secretary
(21) State organic certification program
(22) Synthetic
(Pub. L. 101–624, title XXI, § 2103, Nov. 28, 1990, 104 Stat. 3935; Pub. L. 115–334, title X, § 10104(b), Dec. 20, 2018, 132 Stat. 4899.)
§ 6503. National organic production program
(a) In general
(b) State program
(c) Consultation
(d) Certification
(Pub. L. 101–624, title XXI, § 2104, Nov. 28, 1990, 104 Stat. 3937.)
§ 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.)
§ 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
(b) Imported products
(c) Exemptions for processed food
Subsection (a) 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
(Pub. L. 101–624, title XXI, § 2106, Nov. 28, 1990, 104 Stat. 3937.)
§ 6506. General requirements
(a) In generalA program established under this chapter shall—
(1) provide that an agricultural product to be sold or labeled as organically produced must—
(A) be produced only on certified organic farms and handled only through certified organic handling operations in accordance with this chapter; and
(B) be produced and handled in accordance with such program;
(2) require that producers and handlers desiring to participate under such program establish an organic plan under section 6513 of this title;
(3) provide for procedures that allow producers and handlers to appeal an adverse administrative determination under this chapter;
(4) require each certified organic farm or each certified organic handling operation to certify to the Secretary, the governing State official (if applicable), and the certifying agent on an annual basis, that such farm or handler has not produced or handled any agricultural product sold or labeled as organically produced except in accordance with this chapter;
(5) provide for annual on-site inspection by the certifying agent of each farm and handling operation that has been certified under this chapter;
(6) require periodic residue testing by certifying agents of agricultural products that have been produced on certified organic farms and handled through certified organic handling operations to determine whether such products contain any pesticide or other nonorganic residue or natural toxicants and to require certifying agents, to the extent that such agents are aware of a violation of applicable laws relating to food safety, to report such violation to the appropriate health agencies;
(7) provide for appropriate and adequate enforcement procedures, as determined by the Secretary to be necessary and consistent with this chapter;
(8) protect against conflict-of-interest as specified under section 6515(g) of this title;
(9) provide for public access to certification documents and laboratory analyses that pertain to certification;
(10) provide for the collection of reasonable fees from producers, certifying agents and handlers who participate in such program; and
(11) require such other terms and conditions as may be determined by the Secretary to be necessary.
(b) Discretionary requirementsAn organic certification program established under this chapter may—
(1) provide for the certification of an entire farm or handling operation or specific fields of a farm or parts of a handling operation if—
(A) in the case of a farm or field, the area to be certified has distinct, defined boundaries and buffer zones separating the land being operated through the use of organic methods from land that is not being operated through the use of such methods;
(B) the operators of such farm or handling operation maintain records of all organic operations separate from records relating to other operations and make such records available at all times for inspection by the Secretary, the certifying agent, and the governing State official; and
(C) appropriate physical facilities, machinery, and management practices are established to prevent the possibility of a mixing of organic and nonorganic products or a penetration of prohibited chemicals or other substances on the certified area; and
(2) provide for reasonable exemptions from specific requirements of this chapter (except the provisions of section 6511 of this title) with respect to agricultural products produced on certified organic farms if such farms are subject to a Federal or State emergency pest or disease treatment program.
(c) Wild seafood
(1) In general
(2) Consultation and accommodationIn carrying out paragraph (1), the Secretary shall—
(A) consult with—
(i) the Secretary of Commerce;
(ii) the National Organic Standards Board established under section 6518 of this title;
(iii) producers, processors, and sellers; and
(iv) other interested members of the public; and
(B) to the maximum extent practicable, accommodate the unique characteristics of the industries in the United States that harvest and process wild seafood.
(d) State program
(e) Availability of fees
(1) Account
(2) Use
(Pub. L. 101–624, title XXI, § 2107, Nov. 28, 1990, 104 Stat. 3938; Pub. L. 105–185, title VI, § 601(a), June 23, 1998, 112 Stat. 585; Pub. L. 108–11, title II, § 2105, Apr. 16, 2003, 117 Stat. 589; Pub. L. 113–79, title X, § 10005(b)(2), Feb. 7, 2014, 128 Stat. 944.)
§ 6507. State organic certification program
(a) In general
(b) Additional requirements
(1) Authority
(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
(2) Changes in program
(3) Time for determination
(Pub. L. 101–624, title XXI, § 2108, Nov. 28, 1990, 104 Stat. 3939.)
§ 6508. Prohibited crop production practices and materials
(a) Seed, seedlings and planting practices
(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.)
§ 6509. Animal production practices and materials
(a) In general
(b) Breeder stock
(c) PracticesFor a farm to be certified under this chapter as an organic farm with respect to the livestock produced by such farm, producers on such farm—
(1) shall feed such livestock organically produced feed that meets the requirements of this chapter;
(2) shall not use the following feed—
(A) plastic pellets for roughage;
(B) manure refeeding; or
(C) feed formulas containing urea; and
(3) shall not use growth promoters and hormones on such livestock, whether implanted, ingested, or injected, including antibiotics and synthetic trace elements used to stimulate growth or production of such livestock.
(d) Health care
(1) Prohibited practicesFor a farm to be certified under this chapter as an organic farm with respect to the livestock produced by such farm, producers on such farm shall not—
(A) use subtherapeutic doses of antibiotics;
(B) use synthetic internal parasiticides on a routine basis; or
(C) administer medication, other than vaccinations, in the absence of illness.
(2) Standards
(e) Additional guidelines
(1) Poultry
(2) Dairy livestock
(A) In general
(B) Transition guideline
(f) Livestock identification
(1) In general
(2) RecordsIn order to carry out paragraph (1), each producer shall keep accurate records on each animal (or in the case of poultry, each flock) including—
(A) amounts and sources of all medications administered; and
(B) all feeds and feed supplements bought and fed.
(g) Notice and public comment
(Pub. L. 101–624, title XXI, § 2110, Nov. 28, 1990, 104 Stat. 3940; Pub. L. 102–237, title X, § 1001(2), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 109–97, title VII, § 797(c), Nov. 10, 2005, 119 Stat. 2165.)
§ 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
(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.)
§ 6511. Additional guidelines
(a) In general
(b) Preharvest testing
(c) Compliance review
(1) Inspection
(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.
(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; Pub. L. 113–79, title X, § 10005(a), Feb. 7, 2014, 128 Stat. 944.)
§ 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.)
§ 6513. Organic plan
(a) In general
(b) Crop production farm plan
(1) Soil fertility
(2) Manuring
(A) Inclusion in organic plan
(B) Application of manure
Such organic plan may provide for the application of raw manure only to—
(i) any green manure crop;
(ii) any perennial crop;
(iii) any crop not for human consumption; and
(iv) any crop for human consumption, if such crop is harvested after a reasonable period of time determined by the certifying agent to ensure the safety of such crop, after the most recent application of raw manure, but in no event shall such period be less than 60 days after such application.
(C) Contamination by manure
(c) Livestock plan
(d) Mixed crop livestock production
(e) Handling plan
(f) Management of wild crops
An organic plan for the harvesting of wild crops shall—
(1) designate the area from which the wild crop will be gathered or harvested;
(2) include a 3 year history of the management of the area showing that no prohibited substances have been applied;
(3) include a plan for the harvesting or gathering of the wild crops assuring that such harvesting or gathering will not be destructive to the environment and will sustain the growth and production of the wild crop; and
(4) include provisions that no prohibited substances will be applied by the producer.
(g) Limitation on span of plan
(Pub. L. 101–624, title XXI, § 2114, Nov. 28, 1990, 104 Stat. 3943.)
§ 6514. Accreditation program
(a) In general
(b) Requirements
To be accredited as a certifying agent under this section, a governing State official or private person shall—
(1) prepare and submit, to the Secretary, an application for such accreditation;
(2) have sufficient expertise in organic farming and handling techniques as determined by the Secretary; and
(3) comply with the requirements of this section and section 6515 of this title.
(c) Additional documentation and verification
(d) Accreditation of foreign organic certification program
(1) In general
(2) Tracking system
(A) In general
(B) Integration
(e) Duration of accreditation
An accreditation made under this section—
(1) subject to paragraph (2), shall be for a period of not more than 5 years, as determined appropriate by the Secretary;
(2) in the case of a certifying agent operating in a foreign country, shall be for a period of time that is consistent with the certification of a domestic certifying agent, as determined appropriate by the Secretary; and
(3) may be renewed.
(Pub. L. 101–624, title XXI, § 2115, Nov. 28, 1990, 104 Stat. 3944; Pub. L. 115–334, title X, § 10104(c), Dec. 20, 2018, 132 Stat. 4900.)
§ 6515. Requirements of certifying agents
(a) Ability to implement requirements
(b) Inspectors
(c) Agreement
Any certifying agent shall enter into an agreement with the Secretary under which such agent shall—
(1) agree to carry out the provisions of this chapter; and
(2) agree to such other terms and conditions as the Secretary determines appropriate.
(d) Private certifying agent agreement
Any certifying agent that is a private person shall, in addition to the agreement required in subsection (c)—
(1) agree to hold the Secretary harmless for any failure on the part of the certifying agent to carry out the provisions of this chapter; and
(2) furnish reasonable security, in an amount determined by the Secretary, for the purpose of protecting the rights of participants in the applicable organic certification program established under this chapter.
(e) Compliance with program
(f) Confidentiality
(g) Conflict of interest
Any certifying agent shall not—
(1) carry out any inspections of any operation in which such certifying agent, or employee of such certifying agent has, or has had, a commercial interest, including the provision of consultancy services;
(2) accept payment, gifts, or favors of any kind from the business inspected other than prescribed fees; or
(3) provide advice concerning organic practices or techniques for a fee, other than fees established under such program.
(h) Administrator
(i) Loss of accreditation
(1) Noncompliance
(2) Oversight of certifying offices and foreign operations
(A) In general
If the Secretary determines that an office of a certifying agent or entity described in paragraph (1) is not complying with the provisions of this chapter, the Secretary may suspend the operations of the certifying agent or the noncompliant office, including—
(i) an office operating in a foreign country; and
(ii) an office operating in the United States, including an office acting on behalf of a foreign-domiciled entity.
(B) Process for resuming operations following suspension
(3) Effect on certified operations
(j) Notice
(Pub. L. 101–624, title XXI, § 2116, Nov. 28, 1990, 104 Stat. 3944; Pub. L. 102–237, title X, § 1001(5), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 113–79, title X, § 10005(b)(1), Feb. 7, 2014, 128 Stat. 944;
§ 6516. Peer review of certifying agents
(a) Peer review
(b) Peer review panel
(Pub. L. 101–624, title XXI, § 2117, Nov. 28, 1990, 104 Stat. 3945.)
§ 6517. National List
(a) In general
(b) Content of list
(c) Guidelines for prohibitions or exemptions
(1) Exemption for prohibited substances in organic production and handling operationsThe National List may provide for the use of substances in an organic farming or handling operation that are otherwise prohibited under this chapter only if—
(A) the Secretary determines, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances—
(i) would not be harmful to human health or the environment;
(ii) is necessary to the production or handling of the agricultural product because of the unavailability of wholly natural substitute products; and
(iii) is consistent with organic farming and handling;
(B) the substance—
(i) is used in production and contains an active synthetic ingredient in the following categories: copper and sulfur compounds; toxins derived from bacteria; pheromones, soaps, horticultural oils, fish emulsions, treated seed, vitamins and minerals; livestock parasiticides and medicines and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or
(ii) is used in production and contains synthetic inert ingredients that are not classified by the Administrator of the Environmental Protection Agency as inerts of toxicological concern; and
(C) the specific exemption is developed using the procedures described in subsection (d).
(2) Prohibition on the use of specific natural substancesThe National List may prohibit the use of specific natural substances in an organic farming or handling operation that are otherwise allowed under this chapter only if—
(A) the Secretary determines, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances—
(i) would be harmful to human health or the environment; and
(ii) is inconsistent with organic farming or handling, and the purposes of this chapter; and
(B) the specific prohibition is developed using the procedures specified in subsection (d).
(d) Procedure for establishing National List
(1) In general
(2) No additions
(3) Prohibited substances
(4) Notice and comment
(5) Publication of National List
(6) Expedited petitions for commercially unavailable organic agricultural products constituting less than 5 percent of an organic processed product
(e) Sunset provision
(Pub. L. 101–624, title XXI, § 2118, Nov. 28, 1990, 104 Stat. 3946; Pub. L. 102–237, title X, § 1001(6), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 109–97, title VII, § 797(b), Nov. 10, 2005, 119 Stat. 2165.)
§ 6518. National Organic Standards Board
(a) In general
(b) Composition of Board
The Board shall be composed of 15 members, of which—
(1) four shall be individuals who own or operate an organic farming operation, or employees of such individuals;
(2) two shall be individuals who own or operate an organic handling operation, or employees of such individuals;
(3) one shall be an individual who owns or operates a retail establishment with significant trade in organic products, or an employee of such individual;
(4) three shall be individuals with expertise in areas of environmental protection and resource conservation;
(5) three shall be individuals who represent public interest or consumer interest groups;
(6) one shall be an individual with expertise in the fields of toxicology, ecology, or biochemistry; and
(7) one shall be an individual who is a certifying agent as identified under section 6515 of this title.
(c) Appointment
(d) Term
(e) Meetings
(f) Compensation and expenses
(g) Chairperson
(h) Quorum
(i) Decisive votes
(1) In general
(2) National list
(j) Other terms and conditions
(k) Responsibilities of Board
(1) In general
(2) National List
(3) Technical advisory panels
(4) Special review of botanical pesticides
(5) Product residue testing
(6) Emergency spray programs
(l) Requirements
In establishing the proposed National List or proposed amendments to the National List, the Board shall—
(1) review available information from the Environmental Protection Agency, the National Institute of Environmental Health Studies, and such other sources as appropriate, concerning the potential for adverse human and environmental effects of substances considered for inclusion in the proposed National List;
(2) work with manufacturers of substances considered for inclusion in the proposed National List to obtain a complete list of ingredients and determine whether such substances contain inert materials that are synthetically produced; and
(3) submit to the Secretary, along with the proposed National List or any proposed amendments to such list, the results of the Board’s evaluation and the evaluation of the technical advisory panel of all substances considered for inclusion in the National List.
(m) Evaluation
In evaluating substances considered for inclusion in the proposed National List or proposed amendment to the National List, the Board shall consider—
(1) the potential of such substances for detrimental chemical interactions with other materials used in organic farming systems;
(2) the toxicity and mode of action of the substance and of its breakdown products or any contaminants, and their persistence and areas of concentration in the environment;
(3) the probability of environmental contamination during manufacture, use, misuse or disposal of such substance;
(4) the effect of the substance on human health;
(5) the effects of the substance on biological and chemical interactions in the agroecosystem, including the physiological effects of the substance on soil organisms (including the salt index and solubility of the soil), crops and livestock;
(6) the alternatives to using the substance in terms of practices or other available materials; and
(7) its compatibility with a system of sustainable agriculture.
(n) Petitions
(o) Confidentiality
(Pub. L. 101–624, title XXI, § 2119, Nov. 28, 1990, 104 Stat. 3947; Pub. L. 102–237, title X, § 1001(7), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 115–334, title X, § 10104(e), (f), Dec. 20, 2018, 132 Stat. 4901; Pub. L. 117–286, § 4(a)(39), Dec. 27, 2022, 136 Stat. 4309.)
§ 6519. Recordkeeping, investigations, and enforcement
(a) Recordkeeping
(1) In general
(2) Certified operationsEach producer that operates a certified organic farm or certified organic handling operation under this chapter shall maintain, for a period of not less than 5 years, all records concerning the production or handling of any agricultural product sold or labeled as organically produced under this chapter, including—
(A) a detailed history of substances applied to fields or agricultural products;
(B) the name and address of each person who applied such a substance; and
(C) the date, rate, and method of application of each such substance.
(3) Certifying agents
(A) Maintenance of records
(B) Access for Secretary
(C) Transference of recordsIf a private person that was certified under this chapter is dissolved or loses accreditation, all records and copies of records concerning the activities of the person under this chapter shall be—
(i) transferred to the Secretary; and
(ii) made available to the applicable governing State official.
(4) Unlawful act
(5) ConfidentialityExcept as provided in section 6506(a)(9) of this title, or 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 any information, statistic, or document obtained from, or made available by, any person under this chapter, other than in a manner that ensures that confidentiality is preserved regarding—
(A) the identity of all relevant persons (including parties to a contract); and
(B) proprietary business information.
(b) Investigations
(1) In generalThe Secretary may take such investigative actions as the Secretary considers to be necessary—
(A) to verify the accuracy of any information reported or made available under this chapter; and
(B) to determine whether a person covered by this chapter has committed a violation of any provision of this chapter, including an order or regulation promulgated by the Secretary pursuant to this chapter.
(2) Specific investigative powersIn carrying out this chapter, the Secretary may—
(A) administer oaths and affirmations;
(B) subpoena witnesses;
(C) compel attendance of witnesses;
(D) take evidence; and
(E) require the production of any records required to be maintained under this chapter that are relevant to an investigation.
(3) Information sharing during active investigation
(c) Violations of chapter
(1) Misuse of label
(2) False statement
(3) Ineligibility
(A) In general
(B) Description of activitiesAn activity referred to in subparagraph (A) is—
(i) making a false statement;
(ii) attempting to have a label indicating that an agricultural product is organically produced affixed to an agricultural product that a person knows, or should have reason to know, to have been produced or handled in a manner that is not in accordance with this chapter; or
(iii) otherwise violating the purposes of the applicable organic certification program, as determined by the Secretary.
(C) Waiver
(4) Reporting of violations
(5) Violations by certifying agentA certifying agent that is a private person that violates the provisions of this chapter or falsely or negligently certifies any farming or handling operation that does not meet the terms and conditions of the applicable organic certification program as an organic operation, as determined by the Secretary or the applicable governing State official shall, after notice and an opportunity to be heard—
(A) lose accreditation as a certifying agent under this chapter; and
(B) be ineligible to be accredited as a certifying agent under this chapter for a period of not less than 3 years, beginning on the date of the determination.
(6) Effect on other lawNothing in this chapter alters—
(A) the authority of the Secretary concerning meat, poultry and egg products under—
(i) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);
(ii) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); or
(iii) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.);
(B) the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
(C) the authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(Pub. L. 101–624, title XXI, § 2120, Nov. 28, 1990, 104 Stat. 3949; Pub. L. 102–237, title X, § 1001(8), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 113–79, title X, § 10005(c), Feb. 7, 2014, 128 Stat. 944; Pub. L. 115–334, title X, § 10104(g), Dec. 20, 2018, 132 Stat. 4901.)
§ 6520. Administrative appeal
(a) Expedited appeals procedure
The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary, the applicable governing State official, or a certifying agent under this chapter that—
(1) adversely affects such person; or
(2) is inconsistent with the organic certification program established under this chapter.
(b) Appeal of final decision
(Pub. L. 101–624, title XXI, § 2121, Nov. 28, 1990, 104 Stat. 3950; Pub. L. 102–237, title X, § 1001(9), Dec. 13, 1991, 105 Stat. 1894.)
§ 6521. Administration
(a) Regulations
(b) Assistance to State
(1) Technical and other assistance
(2) Financial assistance
(c) Access to data documentation systems
(d) Reports
(1) In general
(2) Requirements
(3) Exception
(Pub. L. 101–624, title XXI, § 2122, Nov. 28, 1990, 104 Stat. 3951; Pub. L. 110–234, title VII, § 7511(c)(24), May 22, 2008, 122 Stat. 1269; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(24), June 18, 2008, 122 Stat. 1664, 2031; Pub. L. 115–334, title X, § 10104(h), Dec. 20, 2018, 132 Stat. 4901.)
§ 6521a. Organic agricultural product imports interagency working group
(a) Establishment
(1) In general
(2) MembersThe working group—
(A) shall include—
(i) the Secretary (or a designee); and
(ii) the Secretary of Homeland Security (or a designee); and
(B) shall not include any non-Federal officer or employee.
(3) DutiesThe working group shall facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection for the purposes of—
(A) identifying imports of organically produced agricultural products;
(B) verifying the authenticity of organically produced agricultural product import documentation, such as national organic program import certificates;
(C) ensuring imported agricultural products represented as organically produced meet the requirements under this chapter;
(D) collecting and organizing quantitative data on imports of organically produced agricultural products; and
(E) requesting feedback from stakeholders on how to improve the oversight of imports of organically produced agricultural products.
(4) Designated employees and officials
(b) ReportsOn an annual basis, the working group shall submit to Congress and make publicly available on the websites of the Department of Agriculture and U.S. Customs and Border Protection the following reports:
(1) Organic trade enforcement interagency coordination reportA report—
(A) identifying existing barriers to cooperation between the agencies involved in agricultural product import inspection, trade data collection and organization, and organically produced agricultural product trade enforcement, including—
(i) U.S. Customs and Border Protection;
(ii) the Agricultural Marketing Service; and
(iii) the Animal and Plant Health Inspection Service;
(B) assessing progress toward integrating organic trade enforcement into import inspection procedures of U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service, including an assessment of—
(i) the status of the development of systems for—(I) tracking the fumigation of imports of organically produced agricultural products into the United States; and(II) electronically verifying national organic program import certificate authenticity; and
(ii) training of U.S. Customs and Border Protection personnel on—(I) the use of the systems described in clause (i); and(II) requirements and protocols under this chapter;
(C) establishing methodology for ensuring imports of agricultural products represented as organically produced meet the requirements under this chapter;
(D) recommending steps to improve the documentation and traceability of imported organically produced agricultural products;
(E) recommending and describing steps for—
(i) improving compliance with the requirements of this chapter for all agricultural products imported into the United States and represented as organically produced; and
(ii) ensuring accurate labeling and marketing of imported agricultural products represented as organically produced by the exporter; and
(F) describing staffing needs and additional resources at U.S. Customs and Border Protection and the Department of Agriculture needed to ensure compliance.
(2) Report on enforcement actions taken on organic importsA report—
(A) providing detailed quantitative data (broken down by agricultural product, quantity, value, month, and origin) on imports of agricultural products represented as organically produced found to be fraudulent or lacking any documentation required under this chapter at the port of entry during the report year;
(B) providing data on domestic enforcement actions taken on imported agricultural products represented as organically produced, including the number and type of actions taken by United States officials at ports of entry in response to violations of this chapter;
(C) providing data on fumigation of agricultural products represented as organically produced at ports of entry and notifications of fumigation actions to shipment owners, broken down by product variety and country of origin; and
(D) providing information on enforcement activities under this chapter involving overseas investigations and compliance actions taken within that year, including—
(i) the number of investigations by country; and
(ii) a descriptive summary of compliance actions taken by certifying agents in each country.
(Pub. L. 101–624, title XXI, § 2122A, as added Pub. L. 115–334, title X, § 10104(i), Dec. 20, 2018, 132 Stat. 4902.)
§ 6522. Funding
(a) In general
(b) National organic program
Notwithstanding any other provision of law, in order to carry out activities under the national organic program established under this chapter, there are authorized to be appropriated—
(1) $15,000,000 for fiscal year 2018;
(2) $16,500,000 for fiscal year 2019;
(3) $18,000,000 for fiscal year 2020;
(4) $20,000,000 for fiscal year 2021;
(5) $22,000,000 for fiscal year 2022; and
(6) $24,000,000 for fiscal year 2023.
(c) Modernization and improvement of international trade technology systems and data collection
(1) In general
(2) Activities
(3) Access
The single system established under paragraph (1) shall be accessible by any agency with the direct authority to engage in—
(A) inspection of imports of agricultural products;
(B) trade data collection and organization; or
(C) enforcement of trade requirements for organically produced agricultural products.
(4) Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for fiscal year 2019, $1,000,000 for fiscal years 2024 and 2025, and $5,000,000 for fiscal year 2026 for the purposes of—
(A) carrying out this subsection; and
(B) maintaining the database and technology upgrades previously carried out under this subsection, as in effect on the day before December 20, 2018.
(5) Availability
(Pub. L. 101–624, title XXI, § 2123, Nov. 28, 1990, 104 Stat. 3951; Pub. L. 110–234, title X, § 10303, May 22, 2008, 122 Stat. 1347; Pub. L. 110–246, § 4(a), title X, § 10303, June 18, 2008, 122 Stat. 1664, 2109; Pub. L. 113–79, title X, § 10004(b), Feb. 7, 2014, 128 Stat. 942; Pub. L. 115–334, title X, § 10104(j), Dec. 20, 2018, 132 Stat. 4904; Pub. L. 118–22, div. B, title I, § 102(d)(7)(B), Nov. 17, 2023, 137 Stat. 118; Pub. L. 119–21, title I, § 10606(d), July 4, 2025, 139 Stat. 110.)
§ 6523. National organic certification cost-share program
(a) In general
(b) Federal share
(1) In general
(2) Maximum amount
(c) Reporting
(d) Mandatory funding
(1) In general
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section—
(A) $2,000,000 for each of fiscal years 2019 and 2020;
(B) $4,000,000 for fiscal year 2021; and
(C) $8,000,000 for each of fiscal years 2022 through 2031.
(2) Availability
(Pub. L. 107–171, title X, § 10606, May 13, 2002, 116 Stat. 514; Pub. L. 110–234, title X, § 10301, May 22, 2008, 122 Stat. 1346; Pub. L. 110–246, § 4(a), title X, § 10301, June 18, 2008, 122 Stat. 1664, 2108; Pub. L. 112–240, title VII, § 701(g)(3), Jan. 2, 2013, 126 Stat. 2366; Pub. L. 113–79, title X, § 10004(c), Feb. 7, 2014, 128 Stat. 942; Pub. L. 115–334, title X, § 10105, Dec. 20, 2018, 132 Stat. 4905; Pub. L. 118–22, div. B, title I, § 102(d)(7)(C), Nov. 17, 2023, 137 Stat. 118; Pub. L. 119–21, title I, § 10606(e), July 4, 2025, 139 Stat. 110.)
§ 6524. Organically produced food
In the case of a food certified under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.), the certification shall be considered sufficient to make a claim regarding the absence of bioengineering in the food, such as “not bioengineered”, “non-GMO”, or another similar claim.
(Pub. L. 114–216, § 2, July 29, 2016, 130 Stat. 838.)