§ 6502. —  Definitions.

WAIS Document Retrieval


[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 7USC6502]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 94--ORGANIC CERTIFICATION
 
Sec. 6502. Definitions

    As used in this chapter:

                      (1) Agricultural product

        The term ``agricultural product'' means any agricultural 
    commodity or product, whether raw or processed, including any 
    commodity or product derived from livestock that is marketed in the 
    United States for human or livestock consumption.

                      (2) Botanical pesticides

        The term ``botanical pesticides'' means natural pesticides 
    derived from plants.

                        (3) Certifying agent

        The term ``certifying agent'' means the chief executive officer 
    of a State or, in the case of a State that provides for the 
    Statewide election of an official to be responsible solely for the 
    administration of the agricultural operations of the State, such 
    official, and any person (including private entities) who is 
    accredited by the Secretary as a certifying agent for the purpose of 
    certifying a farm or handling operation as a certified organic farm 
    or handling operation in accordance with this chapter.

                     (4) Certified organic farm

        The term ``certified organic farm'' means a farm, or portion of 
    a farm, or site where agricultural products or livestock are 
    produced, that is certified by the certifying agent under this 
    chapter as utilizing a system of organic farming as described by 
    this chapter.

              (5) Certified organic handling operation

        The term ``certified organic handling operation'' means any 
    operation, or portion of any handling operation, that is certified 
    by the certifying agent under this chapter as utilizing a system of 
    organic handling as described under this chapter.

                            (6) Crop year

        The term ``crop year'' means the normal growing season for a 
    crop as determined by the Secretary.

                    (7) Governing State official

        The term ``governing State official'' means the chief executive 
    official of a State or, in the case of a State that provides for the 
    Statewide election of an official to be responsible solely for the 
    administration of the agricultural operations of the State, such 
    official, who administers an organic certification program under 
    this chapter.

                             (8) Handle

        The term ``handle'' means to sell, process or package 
    agricultural products.

                             (9) Handler

        The term ``handler'' means any person engaged in the business of 
    handling agricultural products, except such term shall not include 
    final retailers of agricultural products that do not process 
    agricultural products.

                       (10) Handling operation

        The 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

        The term ``livestock'' means any cattle, sheep, goats, swine, 
    poultry, equine animals used for food or in the production of food, 
    fish used for food, wild or domesticated game, or other nonplant 
    life.

                         (12) National List

        The term ``National List'' means a list of approved and 
    prohibited substances as provided for in section 6517 of this title.

                          (13) Organic plan

        The term ``organic plan'' means a plan of management of an 
    organic farming or handling operation that has been agreed to by the 
    producer or handler and the certifying agent and that includes 
    written plans concerning all aspects of agricultural production or 
    handling described in this chapter including crop rotation and other 
    practices as required under this chapter.

                      (14) Organically produced

        The term ``organically produced'' means an agricultural product 
    that is produced and handled in accordance with this chapter.

                             (15) Person

        The term ``person'' means an individual, group of individuals, 
    corporation, association, organization, cooperative, or other 
    entity.

                           (16) Pesticide

        The term ``pesticide'' means any substance which alone, in 
    chemical combination, or in any formulation with one or more 
    substances, is defined as a pesticide in the Federal Insecticide, 
    Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).

                           (17) Processing

        The term ``processing'' means cooking, baking, heating, drying, 
    mixing, grinding, churning, separating, extracting, cutting, 
    fermenting, eviscerating, preserving, dehydrating, freezing, or 
    otherwise manufacturing, and includes the packaging, canning, 
    jarring, or otherwise enclosing food in a container.

                            (18) Producer

        The term ``producer'' means a person who engages in the business 
    of growing or producing food or feed.

                           (19) Secretary

        The term ``Secretary'' means the Secretary of Agriculture.

              (20) State organic certification program

        The term ``State organic certification program'' means a program 
    that meets the requirements of section 6506 of this title, is 
    approved by the Secretary, and that is designed to ensure that a 
    product that is sold or labeled as ``organically produced'' under 
    this chapter is produced and handled using organic methods.

                           (21) Synthetic

        The term ``synthetic'' means a substance that is formulated or 
    manufactured by a chemical process or by a process that chemically 
    changes a substance extracted from naturally occurring plant, 
    animal, or mineral sources, except that such term shall not apply to 
    substances created by naturally occurring biological processes.

(Pub. L. 101-624, title XXI, Sec. 2103, Nov. 28, 1990, 104 Stat. 3935.)

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