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7 U.S.C. § 6516 — Peer review of certifying agents
Federal law — U.S. Code and appendices · legal_authorities
**(a) Peer review** In determining whether to approve an application for accreditation submitted under [section 6514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6514&num=0&edition=prelim), the Secretary shall consider a report concerning such applicant that shall be prepared by a peer review panel established under subsection (b).
**(b) Peer review panel** To assist the Secretary in evaluating applications under [section 6514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6514&num=0&edition=prelim), the Secretary may establish a panel of not less than three persons who have expertise in organic farming and handling methods, to evaluate the State governing official or private person that is seeking accreditation as a certifying agent under such section. Not less than two members of such panel shall be persons who are not employees of the Department of Agriculture or of the applicable State government.
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Stable record: federal_law:legal_authorities:record_usc_4a5a4ce3c5344aeda75acf80
Source file: Laws/federal/codes/united-states-code/title-7/section-6516-peer-review-of-certifying-agents--25515e64fc.md
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Source location: Title 7, Chapter 94, § 6516; chapter-094-organic-certification.md
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**(a) Peer review** In determining whether to approve an application for accreditation submitted under [section 6514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6514&num=0&edition=prelim), the Secretary shall consider a report concerning such applicant that shall be prepared by a peer review panel established under subsection (b).
**(b) Peer review panel** To assist the Secretary in evaluating applications under [section 6514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6514&num=0&edition=prelim), the Secretary may establish a panel of not less than three persons who have expertise in organic farming and handling methods, to evaluate the State governing official or private person that is seeking accreditation as a certifying agent under such section. Not less than two members of such panel shall be persons who are not employees of the Department of Agriculture or of the applicable State government.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6515&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6503&num=0&edition=prelim), in the case of a compliance risk with respect to meeting the national standards for organic production established under [section 6504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6504&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6514
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Federal law — U.S. Code and appendices · legal_authorities
Page 1879
TITLE 7—AGRICULTURE
§ 6516
(2) agree to such other terms and conditions
as the Secretary determines appropriate.
(d) Private certifying agent agreement
Any certifying agent that is a private person
shall, in addition to the agreement required in
subsection (c)—
(1) agree to hold the Secretary harmless for
any failure on the part of the certifying agent
to carry out the provisions of this chapter; and
(2) furnish reasonable security, in an amount
determined by the Secretary, for the purpose
of protecting the rights of participants in the
applicable organic certification program es-
tablished under this chapter.
(e) Compliance with program
Any certifying agent shall fully comply with
the terms and conditions of the applicable or-
ganic certification program implemented under
this chapter.
(f) Confidentiality
Except as provided in section 6506(a)(9) of this
title, any certifying agent shall maintain strict
confidentiality with respect to its clients under
the applicable organic certification program and
may not disclose to third parties (with the ex-
ception of the Secretary or the applicable gov-
erning State official) any business related infor-
mation concerning such client obtained while
implementing this chapter.
(g) Conflict of interest
Any certifying agent shall not—
(1) carry out any inspections of any oper-
ation in which such certifying agent, or em-
ployee of such certifying agent has, or has
had, a commercial interest, including the pro-
vision of consultancy services;
(2) accept payment, gifts, or favors of any
kind from the business inspected other than
prescribed fees; or
(3) provide advice concerning organic prac-
tices or techniques for a fee, other than fees
established under such program.
(h) Administrator
A cert
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