§ 6506. General requirements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Organic Foods Production Act of 1990

   Pub. L. 101–624 title XXI § 2107 · 104 Stat. 3359

   Enacted · 7 U.S.C. § 6506

   Pub. L. 101–624, title XXI, § 2107, Nov. 28, 1990, 104 Stat. 3938

   Source evidence

   Code source credit
   Pub. L. 101–624, title XXI, § 2107, Nov. 28, 1990, 104 Stat. 3938

   Enacted provision · exact public law section
   SEC. 2107. GENERAL REQUIREMENTS. (a) In General.— A program established under this title 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 title; 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 2114; (3) provide for procedures that allow producers and handlers to appeal an adverse administrative determination under this title; (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 title; (5) provide for annual on-site inspection by the certifying agent of each farm and handling operation that has been certified under this title; (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 title; (8) protect against conflict-of-interest as specified under section 2116(h); (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 title 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 title (except the provisions of section 2112) 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 title may contain additional guidelines governing the production or handling of products sold or labeled as organically produced in such State as required in section 2108.

2. 1998

   Agricultural Research, Extension, and Education Reform Act of 1998

   Pub. L. 105–185 title VI § 601(a) · 112 Stat. 523

   Added · 7 U.S.C. § 6506(d)

   Pub. L. 105–185 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 105–185 added subsec. (d).

   Enacted provision · exact public law section
   (a) Organic Certification.— Section 2107 of the Organic Foods Production Act of 1990 (7 U.S.C. 6506) is amended by adding at the end the following: “(d) Availability of Fees.— “(1) Account.— Fees collected under subsection (a)(10) (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 title. “(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 title.”.

3. 2003

   Pub. L. 108–11 title II § 2105 · 117 Stat. 559

   1. Added · 7 U.S.C. § 6506(c)(e)

      Pub. L. 108–11 added subsec. (c)

   2. Redesignated · 7 U.S.C. § 6506(c)(e)

      Pub. L. 108–11 redesignated former subsecs. (c) and (d) as (d) and (e), respectively

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 108–11 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

   Enacted provision · exact public law section
   Sec. 2105. Wild Seafood. Section 2107 of the Organic Foods Production Act of 7 USC 6506. 1990 (7 U.S.C. 6503) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: “(c) Wild Seafood.— “(1) In general.— Notwithstanding the Regulations. Public information. requirement of section 2107(a)(1)(A) requiring products be produced only on certified organic farms, the Secretary shall allow, through regulations promulgated after public notice and opportunity for comment, wild seafood to be certified or labeled as organic. “(2) Consultation and accommodation.— In carrying out paragraph (1), the Secretary shall— “(A) consult with— “(i) the Secretary of Commerce; “(ii) the National Organic Standards Board established under section 2119; “(iii) producers, processors, and sellers; and “(iv) other interested members of the public; and “(B) to the maximum extent practicable, accommodate the unique characteristics of the industries in the United States that harvest and process wild seafood.” .

4. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title X § 10005(b)(2) · 128 Stat. 649

   Substituted · 7 U.S.C. § 6506(a)(8)

   Pub. L. 113–79 substituted “section 6515(g)” for “section 6515(h)”

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 113–79 substituted “section 6515(g)” for “section 6515(h)”.

   Enacted provision · exact public law section
   (2) Conforming amendment.— Section 2107(a)(8) of the Organic Foods Production Act of 1990 (7 U.S.C. 6506(a)(8)) is amended by striking “section 2116(h)” and inserting “section 2116(g)”.

5 of 5 references resolved to an enrolled provision