§ 6511. Additional guidelines

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 § 2112 · 104 Stat. 3359

   Enacted · 7 U.S.C. § 6511

   Pub. L. 101–624, title XXI, § 2112, Nov. 28, 1990, 104 Stat. 3942

   Source evidence

   Code source credit
   Pub. L. 101–624, title XXI, § 2112, Nov. 28, 1990, 104 Stat. 3942

   Enacted provision · exact public law section
   SEC. 2112. 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 title to assist in the enforcement of this title. (b) Pre-Harvest 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 title 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 title. (d) Recordkeeping Requirements.— Producers who operate a certified organic farm or handling operation under this title shall maintain records for 5 years concerning the production or handling of agricultural products sold or labeled as organically produced under this title, 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.

2. 1991

   Pub. L. 102–237 title X § 1001(4) · 105 Stat. 1818

   Substituted · 7 U.S.C. § 6511(b)

   Pub. L. 102–237 substituted “Preharvest” for “Pre-harvest” in heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–237 substituted “Preharvest” for “Pre-harvest” in heading.

   Enacted provision · exact public law section
   (4) in section 2112(b) (7 U.S.C. 6511(b)), by striking “PREHARVEST” and inserting “PREHARVEST”;

3. 2014

   Agricultural Act of 2014

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

   Struck · 7 U.S.C. § 6511(d)

   Pub. L. 113–79 struck out subsec. (d) which related to recordkeeping requirements for producers who operate a certified organic farm or handling operation

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–79 struck out subsec. (d) which related to recordkeeping requirements for producers who operate a certified organic farm or handling operation.

   Enacted provision · exact public law section
   (a) Recordkeeping by Certified Operations.— Section 2112 of the Organic Foods Production Act of 1990 (7 U.S.C. 6511) is amended by striking subsection (d).

3 of 3 references resolved to an enrolled provision