Title 7, AgricultureRelease 119-110

§6511 Additional Guidelines

Title 7 › CHAPTER 94 — ORGANIC CERTIFICATION › § 6511

Last updated Sep 22, 2026|Official source

Summary

The Secretary, the relevant state official, and the certifying agent must use residue testing to check foods and other products sold or labeled as organic. They can also require preharvest tissue tests for crops grown on soil that might be contaminated. If tests find any pesticides, other non-organic residues, or banned natural substances, those officials must investigate. They may require the grower or handler to show that no prohibited substance was used. If the investigation shows the substance was applied on purpose, or the levels are higher than the "unavoidable residual environmental contamination" limits set by the Secretary or the state official with environmental agencies, the product cannot be sold or labeled as organic.

Full Legal Text

Title 7, §6511

Agriculture, Source: USLM XML via OLRC

(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.

Legislative History

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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6511

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110