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Title 7 — Agriculture

Chapter 94 — Organic Certification

§ 6514. Accreditation program

Statutory text

(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 6515 of this title.

(c)

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.

(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.

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. 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. 3944

    Enacted 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.

  2. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title X § 10104(c) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 6514(c)(e)

      Pub. L. 115–334 added subsecs. (c) to (e)

    2. 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
  1. 1990Pub. L. 101–624, title XXI, § 2115, , 104 Stat. 3944
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

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