§ 6506. — General requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6506]
TITLE 7--AGRICULTURE
CHAPTER 94--ORGANIC CERTIFICATION
Sec. 6506. General requirements
(a) In general
A program established under this chapter shall--
(1) provide that an agricultural product to be sold or labeled
as organically produced must--
(A) be produced only on certified organic farms and handled
only through certified organic handling operations in accordance
with this chapter; and
(B) be produced and handled in accordance with such program;
(2) require that producers and handlers desiring to participate
under such program establish an organic plan under section 6513 of
this title;
(3) provide for procedures that allow producers and handlers to
appeal an adverse administrative determination under this chapter;
(4) require each certified organic farm or each certified
organic handling operation to certify to the Secretary, the
governing State official (if applicable), and the certifying agent
on an annual basis, that such farm or handler has not produced or
handled any agricultural product sold or labeled as organically
produced except in accordance with this chapter;
(5) provide for annual on-site inspection by the certifying
agent of each farm and handling operation that has been certified
under this chapter;
(6) require periodic residue testing by certifying agents of
agricultural products that have been produced on certified organic
farms and handled through certified organic handling operations to
determine whether such products contain any pesticide or other
nonorganic residue or natural toxicants and to require certifying
agents, to the extent that such agents are aware of a violation of
applicable laws relating to food safety, to report such violation to
the appropriate health agencies;
(7) provide for appropriate and adequate enforcement procedures,
as determined by the Secretary to be necessary and consistent with
this chapter;
(8) protect against conflict-of-interest as specified under
section 6515(h) of this title;
(9) provide for public access to certification documents and
laboratory analyses that pertain to certification;
(10) provide for the collection of reasonable fees from
producers, certifying agents and handlers who participate in such
program; and
(11) require such other terms and conditions as may be
determined by the Secretary to be necessary.
(b) Discretionary requirements
An organic certification program established under this chapter
may--
(1) provide for the certification of an entire farm or handling
operation or specific fields of a farm or parts of a handling
operation if--
(A) in the case of a farm or field, the area to be certified
has distinct, defined boundaries and buffer zones separating the
land being operated through the use of organic methods from land
that is not being operated through the use of such methods;
(B) the operators of such farm or handling operation
maintain records of all organic operations separate from records
relating to other operations and make such records available at
all times for inspection by the Secretary, the certifying agent,
and the governing State official; and
(C) appropriate physical facilities, machinery, and
management practices are established to prevent the possibility
of a mixing of organic and nonorganic products or a penetration
of prohibited chemicals or other substances on the certified
area; and
(2) provide for reasonable exemptions from specific requirements
of this chapter (except the provisions of section 6511 of this
title) with respect to agricultural products produced on certified
organic farms if such farms are subject to a Federal or State
emergency pest or disease treatment program.
(c) State program
A State organic certification program approved under this chapter
may contain additional guidelines governing the production or handling
of products sold or labeled as organically produced in such State as
required in section 6507 of this title.
(d) Availability of fees
(1) Account
Fees collected under subsection (a)(10) of this section
(including late payment penalties and interest earned from
investment of the fees) shall be credited to the account that incurs
the cost of the services provided under this chapter.
(2) Use
The collected fees shall be available to the Secretary, without
further appropriation or fiscal-year limitation, to pay the expenses
of the Secretary incurred in providing accreditation services under
this chapter.
(Pub. L. 101-624, title XXI, Sec. 2107, Nov. 28, 1990, 104 Stat. 3938;
Pub. L. 105-185, title VI, Sec. 601(a), June 23, 1998, 112 Stat. 585.)
Amendments
1998--Subsec. (d). Pub. L. 105-185 added subsec. (d).
Section Referred to in Other Sections
This section is referred to in sections 6502, 6515 of this title.
