§6515 Requirements of certifying agents

Summary

To become an accredited certifying agent, a state official or person must be able to run the organic certification program. They must hire enough inspectors as the Secretary requires. Every certifying agent must sign an agreement with the Secretary to follow the law and any other terms the Secretary sets. Private certifying agents must also agree to protect the Secretary from claims if the agent fails and must provide security money in an amount the Secretary decides. Certifying agents must follow the program rules and keep their clients’ business information private, only sharing it with the Secretary or the state official (except as allowed under section 6506(a)(9)). They cannot inspect businesses where they or their employees have a business interest, accept gifts or extra payments from those businesses, or give paid advice about organic methods beyond program fees. Private agents must name the person who runs day-to-day operations. If an agent or one of its offices is not following the rules, the Secretary or the state official can suspend the agent or that office, including offices abroad, and must provide a way for a suspended office to resume. If accreditation is suspended, the Secretary or state official will quickly decide whether the certified farms or handlers can keep their organic status. An accredited agent must notify the Secretary within 90 days after opening a new certifying office that does certification work.