§ 6518. — National Organic Standards Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6518]
TITLE 7--AGRICULTURE
CHAPTER 94--ORGANIC CERTIFICATION
Sec. 6518. National Organic Standards Board
(a) In general
The Secretary shall establish a National Organic Standards Board (in
accordance with the Federal Advisory Committee Act) (hereafter referred
to in this section as the ``Board'') to assist in the development of
standards for substances to be used in organic production and to advise
the Secretary on any other aspects of the implementation of this
chapter.
(b) Composition of Board
The Board shall be composed of 15 members, of which--
(1) four shall be individuals who own or operate an organic
farming operation;
(2) two shall be individuals who own or operate an organic
handling operation;
(3) one shall be an individual who owns or operates a retail
establishment with significant trade in organic products;
(4) three shall be individuals with expertise in areas of
environmental protection and resource conservation;
(5) three shall be individuals who represent public interest or
consumer interest groups;
(6) one shall be an individual with expertise in the fields of
toxicology, ecology, or biochemistry; and
(7) one shall be an individual who is a certifying agent as
identified under section 6515 of this title.
(c) Appointment
Not later than 180 days after November 28, 1990, the Secretary shall
appoint the members of the Board under paragraph (1) through (6) of
subsection (b) of this section (and under subsection (b)(7) of this
section at an appropriate date after the certification of individuals as
certifying agents under section 6515 of this title) from nominations
received from organic certifying organizations, States, and other
interested persons and organizations.
(d) Term
A member of the Board shall serve for a term of 5 years, except that
the Secretary shall appoint the original members of the Board for
staggered terms. A member cannot serve consecutive terms unless such
member served an original term that was less than 5 years.
(e) Meetings
The Secretary shall convene a meeting of the Board not later than 60
days after the appointment of its members and shall convene subsequent
meetings on a periodic basis.
(f) Compensation and expenses
A member of the Board shall serve without compensation. While away
from their homes or regular places of business on the business of the
Board, members of the Board may be allowed travel expenses, including
per diem in lieu of subsistence, as is authorized under section 5703 of
title 5 for persons employed intermittently in the Government service.
(g) Chairperson
The Board shall select a Chairperson for the Board.
(h) Quorum
A majority of the members of the Board shall constitute a quorum for
the purpose of conducting business.
(i) Decisive votes
Two-thirds of the votes cast at a meeting of the Board at which a
quorum is present shall be decisive of any motion.
(j) Other terms and conditions
The Secretary shall authorize the Board to hire a staff director and
shall detail staff of the Department of Agriculture or allow for the
hiring of staff and may, subject to necessary appropriations, pay
necessary expenses incurred by such Board in carrying out the provisions
of this chapter, as determined appropriate by the Secretary.
(k) Responsibilities of Board
(1) In general
The Board shall provide recommendations to the Secretary
regarding the implementation of this chapter.
(2) National List
The Board shall develop the proposed National List or proposed
amendments to the National List for submission to the Secretary in
accordance with section 6517 of this title.
(3) Technical advisory panels
The Board shall convene technical advisory panels to provide
scientific evaluation of the materials considered for inclusion in
the National List. Such panels may include experts in agronomy,
entomology, health sciences and other relevant disciplines.
(4) Special review of botanical pesticides
The Board shall, prior to the establishment of the National
List, review all botanical pesticides used in agricultural
production and consider whether any such botanical pesticide should
be included in the list of prohibited natural substances.
(5) Product residue testing
The Board shall advise the Secretary concerning the testing of
organically produced agricultural products for residues caused by
unavoidable residual environmental contamination.
(6) Emergency spray programs
The Board shall advise the Secretary concerning rules for
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.
(l) Requirements
In establishing the proposed National List or proposed amendments to
the National List, the Board shall--
(1) review available information from the Environmental
Protection Agency, the National Institute of Environmental Health
Studies, and such other sources as appropriate, concerning the
potential for adverse human and environmental effects of substances
considered for inclusion in the proposed National List;
(2) work with manufacturers of substances considered for
inclusion in the proposed National List to obtain a complete list of
ingredients and determine whether such substances contain inert
materials that are synthetically produced; and
(3) submit to the Secretary, along with the proposed National
List or any proposed amendments to such list, the results of the
Board's evaluation and the evaluation of the technical advisory
panel of all substances considered for inclusion in the National
List.
(m) Evaluation
In evaluating substances considered for inclusion in the proposed
National List or proposed amendment to the National List, the Board
shall consider--
(1) the potential of such substances for detrimental chemical
interactions with other materials used in organic farming systems;
(2) the toxicity and mode of action of the substance and of its
breakdown products or any contaminants, and their persistence and
areas of concentration in the environment;
(3) the probability of environmental contamination during
manufacture, use, misuse or disposal of such substance;
(4) the effect of the substance on human health;
(5) the effects of the substance on biological and chemical
interactions in the agroecosystem, including the physiological
effects of the substance on soil organisms (including the salt index
and solubility of the soil), crops and livestock;
(6) the alternatives to using the substance in terms of
practices or other available materials; and
(7) its compatibility with a system of sustainable agriculture.
(n) Petitions
The Board shall establish procedures under which persons may
petition the Board for the purpose of evaluating substances for
inclusion on the National List.
(o) Confidentiality
Any confidential business information obtained by the Board in
carrying out this section shall not be released to the public.
(Pub. L. 101-624, title XXI, Sec. 2119, Nov. 28, 1990, 104 Stat. 3947;
Pub. L. 102-237, title X, Sec. 1001(7), Dec. 13, 1991, 105 Stat. 1893.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Amendments
1991--Subsec. (a). Pub. L. 102-237 substituted ``to assist'' for
``(to assist''.
Section Referred to in Other Sections
This section is referred to in section 6503 of this title.
