[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.)
Re