§6506 — Title 7 Agriculture | U.S. Code

Summary

A federal organic program must make sure that food sold or labeled as organic really comes from certified organic farms and is handled by certified organic handlers. Producers and handlers who want to take part must write an organic plan. The program must let people appeal bad administrative decisions. Certified farms and handlers must annually say they followed the rules. Certifying agents must inspect each farm and handler on site every year and do periodic residue testing for pesticides or other unwanted substances. If food-safety problems are found, certifiers must report them to health agencies. The program must include enforcement rules, conflict-of-interest protections, public access to certification papers and lab results, reasonable fees, and any other terms the USDA Secretary finds needed. The program may certify whole farms or just parts of farms or handling operations if there are clear boundaries, separate records, and measures to prevent mixing organic and nonorganic products. The program can offer limited exemptions during federal or state emergency pest or disease treatments. The Secretary may allow wild seafood to be certified as organic through rulemaking and must consult the Commerce Secretary, the National Organic Standards Board, industry people, and the public. States may add extra guidelines. Fees collected pay the costs of the program and can be used by the Secretary without further budget approval.

Title 7, §6506

Agriculture — Source: USLM XML via OLRC

(a)A 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)An 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)(1)Notwithstanding the requirement of subsection (a)(1)(A) requiring products be produced only on certified organic farms, the Secretary shall allow, through regulations promulgated after public notice and opportunity for comment, wild seafood to be certified or labeled as organic.

(2)In 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)A State organic certification program approved under this chapter may contain additional guidelines governing the production or handling of products sold or labeled as organically produced in such State as required in section 6507 of this title.

(e)(1)Fees collected under subsection (a)(10) (including late payment penalties and interest earned from investment of the fees) shall be credited to the account that incurs the cost of the services provided under this chapter.

(2)The collected fees shall be available to the Secretary, without further appropriation or fiscal-year limitation, to pay the expenses of the Secretary incurred in providing accreditation services under this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (a)(8). Pub. L. 113–79 substituted “section 6515(g)” for “section 6515(h)”. 2003—Subsecs. (c) to (e). Pub. L. 108–11 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1998—Subsec. (d). Pub. L. 105–185 added subsec. (d).

§6506 General requirements

Summary

Title 7, §6506

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata