Title 7 — Agriculture
Chapter 94 — Organic Certification
§ 6514. Accreditation program
Statutory text
In general
The Secretary shall establish and implement a program to accredit a governing State official, and any private person, that meets the requirements of this section as a certifying agent for the purpose of certifying a farm or handling operation as a certified organic farm or handling operation.
Requirements
To be accredited as a certifying agent under this section, a governing State official or private person shall—
prepare and submit, to the Secretary, an application for such accreditation;
have sufficient expertise in organic farming and handling techniques as determined by the Secretary; and
comply with the requirements of this section and section 6515 of this title.
Additional documentation and verification
The Secretary, acting through the Deputy Administrator of the national organic program established under this chapter, has the authority, and shall grant a certifying agent the authority, to require producers and handlers to provide additional documentation or verification before granting a certification under section 6503 of this title, in the case of a compliance risk with respect to meeting the national standards for organic production established under section 6504 of this title, as determined by the Secretary or the certifying agent.
Accreditation of foreign organic certification program
In general
For an agricultural product being imported into the United States to be represented as organically produced, the Secretary shall require the agricultural product to be accompanied by a complete and valid national organic import certificate, which shall be available as an electronic record.
Tracking system
In general
The Secretary shall establish a system to track national organic import certificates.
Integration
In establishing the system under subparagraph (A), the Secretary may integrate the system into any existing information tracking systems for imports of agricultural products.
Duration of accreditation
An accreditation made under this section—
subject to paragraph (2), shall be for a period of not more than 5 years, as determined appropriate by the Secretary;
in the case of a certifying agent operating in a foreign country, shall be for a period of time that is consistent with the certification of a domestic certifying agent, as determined appropriate by the Secretary; and
may be renewed.
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.
Organic Foods Production Act of 1990
Pub. L. 101–624 title XXI § 2115 · 104 Stat. 3359
Enacted · 7 U.S.C. § 6514
Pub. L. 101–624, title XXI, § 2115, Nov. 28, 1990, 104 Stat. 3944
Source evidence
Code source credit
Pub. L. 101–624, title XXI, § 2115, Nov. 28, 1990, 104 Stat. 3944Enacted provision · exact public law section
SEC. 2115. ACCREDITATION PROGRAM. (a) In General.— The Secretary shall establish and implement a program to accredit a governing State official, and any private person, that meets the requirements of this section as a certifying agent for the purpose of certifying a farm or handling operation as a certified organic farm or handling operation. (b) Requirements.— To be accredited as a certifying agent under this section, a governing State official or private person shall— (1) prepare and submit, to the Secretary, an application for such accreditation; (2) have sufficient expertise in organic farming and handling techniques as determined by the Secretary; and (3) comply with the requirements of this section and section 2116. (c) Duration of Designation.— An accreditation made under this section shall be for a period of not to exceed 5 years, as determined appropriate by the Secretary, and may be renewed.Agriculture Improvement Act of 2018
Pub. L. 115–334 title X § 10104(c) · 132 Stat. 4490
Added · 7 U.S.C. § 6514(c)(e)
Pub. L. 115–334 added subsecs. (c) to (e)
Struck · 7 U.S.C. § 6514(c)(e)
Pub. L. 115–334 struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “An accreditation made under this section shall be for a period of not to exceed 5 years, as determined appropriate by the Secretary, and may be renewed.”
Source evidence
Code amendment note
Subsecs. (c) to (e). Pub. L. 115–334 added subsecs. (c) to (e) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “An accreditation made under this section shall be for a period of not to exceed 5 years, as determined appropriate by the Secretary, and may be renewed.”Enacted provision · exact public law section
(c) Accreditation Program.— Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended by striking subsection (c) and inserting the following: “(c) Additional Documentation and Verification.— The Secretary, acting through the Deputy Administrator of the national organic program established under this title, has the authority, and shall grant a certifying agent the authority, to require producers and handlers to provide additional documentation or verification before granting a certification under section 2104, in the case of a compliance risk with respect to meeting the national standards for organic production established under section 2105, as determined by the Secretary or the certifying agent. “(d) Accreditation of Foreign Organic Certification Program.— “(1) In general.— For an agricultural product being imported into the United States to be represented as organically produced, the Secretary shall require the agricultural product to be accompanied by a complete and valid national organic import certificate, which shall be available as an electronic record. “(2) Tracking system.— “(A) In general.— The Secretary shall establish a system to track national organic import certificates. “(B) Integration.— In establishing the system under subparagraph (A), the Secretary may integrate the system into any existing information tracking systems for imports of agricultural products. “(e) Duration of Accreditation.— An accreditation made under this section— “(1) subject to paragraph (2), shall be for a period of not more than 5 years, as determined appropriate by the Secretary; “(2) in the case of a certifying agent operating in a foreign country, shall be for a period of time that is consistent with the certification of a domestic certifying agent, as determined appropriate by the Secretary; and “(3) may be renewed.” .
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments
2018—Subsecs. (c) to (e). Pub. L. 115–334 added subsecs. (c) to (e) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “An accreditation made under this section shall be for a period of not to exceed 5 years, as determined appropriate by the Secretary, and may be renewed.”
Credits
1990–2018 · 2 acts
- 1990Pub. L. 101–624, title XXI, § 2115, , 104 Stat. 3944
- 2018Pub. L. 115–334, title X, § 10104(c), , 132 Stat. 4900.
Show as published
(Pub. L. 101–624, title XXI, § 2115, , 104 Stat. 3944; Pub. L. 115–334, title X, § 10104(c), , 132 Stat. 4900.)