[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6519]
TITLE 7--AGRICULTURE
CHAPTER 94--ORGANIC CERTIFICATION
Sec. 6519. Violations of chapter
(a) Misuse of label
Any person who knowingly sells or labels a product as organic,
except in accordance with this chapter, shall be subject to a civil
penalty of not more than $10,000.
(b) False statement
Any person who makes a false statement under this chapter to the
Secretary, a governing State official, or a certifying agent shall be
subject to the provisions of section 1001 of title 18.
(c) Ineligibility
(1) In general
Except as provided in paragraph (2), any person who--
(A) makes a false statement;
(B) attempts to have a label indicating that an agricultural
product is organically produced affixed to such product that
such person knows, or should have reason to know, to have been
produced or handled in a manner that is not in accordance with
this chapter; or
(C) otherwise violates the purposes of the applicable
organic certification program as determined by the Secretary;
after notice and an opportunity to be heard, shall not be eligible,
for a period of 5 years from the date of such occurrence, to receive
certification under this chapter with respect to any farm or
handling operation in which such person has an interest.
(2) Waiver
Notwithstanding paragraph (1), the Secretary may reduce or
eliminate the period of ineligibility referred to in such paragraph
if the Secretary determines that such modification or waiver is in
the best interests of the applicable organic certification program
established under this chapter.
(d) Reporting of violations
A certifying agent shall immediately report any violations of this
chapter to the Secretary or the governing State official (if
applicable).
(e) Violations by certifying agent
A certifying agent that is a private person that violates the
provisions of this chapter or that falsely or negligently certifies any
farming or handling operation that does not meet the terms and
conditions of the applicable organic certification program as an organic
operation, as determined by the Secretary or the governing State
official (if applicable) shall, after notice and an opportunity to be
heard--
(1) lose its accreditation as a certifying agent under this
chapter; and
(2) be ineligible to be accredited as a certifying agent under
this chapter for a period of not less than 3 years subsequent to the
date of such determination.
(f) Effect of other laws
Nothing in this chapter shall alter the authority of the Secretary
under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.), and the Egg
Products Inspection Act (21 U.S.C. 1031 et seq.) concerning meat,
poultry and egg products, nor any of the authorities of the Secretary of
Health and Human Services under the Federal Food, Drug \1\ and Cosmetic
Act (21 U.S.C. 301 et seq.), nor the authority of the Administrator of
the Environmental Protection Agency under the Federal Insecticide,
Fungicide \1\ and Rodenticide Act (7 U.S.C. 136 et seq.).
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\1\ So in original. Probably should be followed by a comma.
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(Pub. L. 101-624, title XXI, Sec. 2120, Nov. 28, 1990, 104 Stat. 3949;
Pub. L. 102-237, title X, Sec. 1001(8), Dec. 13, 1991, 105 Stat. 1893.)
References in Text
The Federal Meat Inspection Act, referred to in subsec. (f), is
titles I to IV of act Mar. 4, 1907, ch. 2907, as added Dec. 15, 1967,
Pub. L. 90-201, 81 Stat. 584, and amended, which are classified
generally to subchapters I to IV (Sec. 601 et seq.) of chapter 12 of
Title 21, Food and Drugs. For complete classification of this Act to the
Code, see Short Title note set out under section 601 of Title 21 and
Tables.
The Poultry Products Inspection Act, referred to in subsec. (f), is
Pub. L. 85-172, Aug. 28, 1957, 71 Stat. 441, as amended, which is
classified generally to chapter 10 (Sec. 451 et seq.) of Title 21. For
complete classification of this Act to the Code, see Short Title note
set out under section 451 of Title 21 and Tables.
The Egg Products Inspection Act, referred to in subsec. (f), is Pub.
L. 91-597, Dec. 29, 1970, 84 Stat. 1620, as amended, which is classified
generally to chapter 15 (Sec. 1031 et seq.) of Title 21. For complete
classification of this Act to the Code, see Short Title note set out
under section 1031 of Title 21 and Tables.
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(f), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is
classified generally to chapt
