§ 6511. — Additional guidelines.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6511]
TITLE 7--AGRICULTURE
CHAPTER 94--ORGANIC CERTIFICATION
Sec. 6511. Additional guidelines
(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.
(d) Recordkeeping requirements
Producers who operate a certified organic farm or handling operation
under this chapter shall maintain records for 5 years concerning the
production or handling of agricultural products sold or labeled as
organically produced under this chapter, including--
(1) a detailed history of substances applied to fields or
agricultural products; and
(2) the names and addresses of persons who applied such
substances, the dates, the rate, and method of application of such
substances.
(Pub. L. 101-624, title XXI, Sec. 2112, Nov. 28, 1990, 104 Stat. 3942;
Pub. L. 102-237, title X, Sec. 1001(4), Dec. 13, 1991, 105 Stat. 1893.)
Amendments
1991--Subsec. (b). Pub. L. 102-237 substituted ``Preharvest'' for
``Pre-harvest'' in heading.
