[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6515]
TITLE 7--AGRICULTURE
CHAPTER 94--ORGANIC CERTIFICATION
Sec. 6515. Requirements of certifying agents
(a) Ability to implement requirements
To be accredited as a certifying agent under section 6514 of this
title, a governing State official or a person shall be able to fully
implement the applicable organic certification program established under
this chapter.
(b) Inspectors
Any certifying agent shall employ a sufficient number of inspectors
to implement the applicable organic certification program established
under this chapter, as determined by the Secretary.
(c) Recordkeeping
(1) Maintenance of records
Any certifying agent shall maintain all records concerning its
activities under this chapter for a period of not less than 10
years.
(2) Access for Secretary
Any certifying agent shall allow representatives of the
Secretary and the governing State official access to any and all
records concerning the certifying agent's activities under this
chapter.
(3) Transference of records
If any private person that was certified under this chapter is
dissolved or loses its accreditation, all records or copies of
records concerning such person's activities under this chapter shall
be transferred to the Secretary and made available to the applicable
governing State official.
(d) Agreement
Any certifying agent shall enter into an agreement with the
Secretary under which such agent shall--
(1) agree to carry out the provisions of this chapter; and
(2) agree to such other terms and conditions as the Secretary
determines appropriate.
(e) Private certifying agent agreement
Any certifying agent that is a private person shall, in addition to
the agreement required in subsection (d) of this section--
(1) agree to hold the Secretary harmless for any failure on the
part of the certifying agent to carry out the provisions of this
chapter; and
(2) furnish reasonable security, in an amount determined by the
Secretary, for the purpose of protecting the rights of participants
in the applicable organic certification program established under
this chapter.
(f) Compliance with program
Any certifying agent shall fully comply with the terms and
conditions of the applicable organic certification program implemented
under this chapter.
(g) Confidentiality
Except as provided in section 6506(a)(9) of this title, any
certifying agent shall maintain strict confidentiality with respect to
its clients under the applicable organic certification program and may
not disclose to third parties (with the exception of the Secretary or
the applicable governing State official) any business related
information concerning such client obtained while implementing this
chapter.
(h) Conflict of interest
Any certifying agent shall not--
(1) carry out any inspections of any operation in which such
certifying agent, or employee of such certifying agent has, or has
had, a commercial interest, including the provision of consultancy
services;
(2) accept payment, gifts, or favors of any kind from the
business inspected other than prescribed fees; or
(3) provide advice concerning organic practices or techniques
for a fee, other than fees established under such program.
(i) Administrator
A certifying agent that is a private person shall nominate the
individual who controls the day-to-day ope
