§6511 — Title 7 Agriculture | U.S. Code

Summary

The Secretary, the state official in charge, and organic certifiers must use tests to check for chemical residues on products sold or labeled as organic. They may also require preharvest tissue tests for crops grown on soil that might be contaminated. If tests find any detectable pesticide, other non-organic residue, or a banned natural substance, they must investigate. They can make the grower or handler prove no banned substance was used. If the investigation shows the substance was applied on purpose or is higher than the “unavoidable” level set by the Secretary or state official after consulting environmental agencies, they will record that finding.

Title 7, §6511

Agriculture — Source: USLM XML via OLRC

(a)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)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)(1)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)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;

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (d). Pub. L. 113–79 struck out subsec. (d) which related to recordkeeping requirements for producers who operate a certified organic farm or handling operation. 1991—Subsec. (b). Pub. L. 102–237 substituted “Preharvest” for “Pre-harvest” in heading.

§6511 Additional guidelines

Summary

Title 7, §6511

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata