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7 U.S.C. § 6518 — National Organic Standards Board

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6518 — National Organic Standards Board

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Source file: Laws/federal/codes/united-states-code/title-7/section-6518-national-organic-standards-board--c24a36e220.md
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Source location: Title 7, Chapter 94, § 6518; chapter-094-organic-certification.md

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**(a) In general** The Secretary shall establish a National Organic Standards Board (hereafter referred to in this section as the “Board”) in accordance with chapter 10 of title 5 to assist in the development of standards for substances to be used in organic production and to advise the Secretary on any other aspects of the implementation of this chapter. **(b) Composition of Board** The Board shall be composed of 15 members, of which— (1) four shall be individuals who own or operate an organic farming operation, or employees of such individuals; (2) two shall be individuals who own or operate an organic handling operation, or employees of such individuals; (3) one shall be an individual who owns or operates a retail establishment with significant trade in organic products, or an employee of such individual; (4) three shall be individuals with expertise in areas of environmental protection and resource conservation; (5) three shall be individuals who represent public interest or consumer interest groups; (6) one shall be an individual with expertise in the fields of toxicology, ecology, or biochemistry; and (7) one shall be an individual who is a certifying agent as identified under [section 6515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6515&num=0&edition=prelim). **(c) Appointment** Not later than 180 days after November 28, 1990, the Secretary shall appoint the members of the Board under paragraph (1) through (6) of subsection (b) (and under subsection (b)(7) at an appropriate date after the certification of individuals as certifying agents under [section 6515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6515&num=0&edition=prelim)) from nominations received from organic certifying organizations, States, and other interested persons and organizations. **(d) Term** A member of the Board shall serve for a term of 5 years, except that the Secretary shall appoint the original members of the Board for staggered terms. A member cannot serve consecutive terms unless such member served an original term that was less than 5 years. **(e) Meetings** The Secretary shall convene a meeting of the Board not later than 60 days after the appointment of its members and shall convene subsequent meetings on a periodic basis. **(f) Compensation and expenses** A member of the Board shall serve without compensation. While away from their homes or regular places of business on the business of the Board, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as is authorized under [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim) for persons employed intermittently in the Government service. **(g) Chairperson** The Board shall select a Chairperson for the Board. **(h) Quorum** A majority of the members of the Board shall constitute a quorum for the purpose of conducting business. **(i) Decisive votes** (1) **In general** — ⅔ of the votes cast at a meeting of the Board at which a quorum is present shall be decisive of any motion. (2) **National list** — Any vote on a motion proposing to amend the national list shall be considered to be a decisive vote that requires ⅔ of the votes cast at a meeting of the Board at which a quorum is present to prevail. **(j) Other terms and conditions** The Secretary shall authorize the Board to hire a staff director and shall detail staff of the Department of Agriculture or allow for the hiring of staff and may, subject to necessary appropriations, pay necessary expenses incurred by such Board in carrying out the provisions of this chapter, as determined appropriate by the Secretary. **(k) Responsibilities of Board** (1) **In general** — The Board shall provide recommendations to the Secretary regarding the implementation of this chapter. (2) **National List** — The Board shall develop the proposed National List or proposed amendments to the National List for submission to the Secretary in accordance with [section 6517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6517&num=0&edition=prelim). (3) **Technical advisory panels** — The Board shall convene technical advisory panels to provide scientific evaluation of the materials considered for inclusion in the National List. Such panels may include experts in agronomy, entomology, health sciences and other relevant disciplines. (4) **Special review of botanical pesticides** — The Board shall, prior to the establishment of the National List, review all botanical pesticides used in agricultural production and consider whether any such botanical pesticide should be included in the list of prohibited natural substances. (5) **Product residue testing** — The Board shall advise the Secretary concerning the testing of organically produced agricultural products for residues caused by unavoidable residual environmental contamination. (6) **Emergency spray programs** — The Board shall advise the Secretary concerning rules for exemptions from specific requirements of this chapter (except the provisions of [section 6511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6511&num=0&edition=prelim)) 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. **(l) Requirements** In establishing the proposed National List or proposed amendments to the National List, the Board shall— (1) review available information from the Environmental Protection Agency, the National Institute of Environmental Health Studies, and such other sources as appropriate, concerning the potential for adverse human and environmental effects of substances considered for inclusion in the proposed National List; (2) work with manufacturers of substances considered for inclusion in the proposed National List to obtain a complete list of ingredients and determine whether such substances contain inert materials that are synthetically produced; and (3) submit to the Secretary, along with the proposed National List or any proposed amendments to such list, the results of the Board’s evaluation and the evaluation of the technical advisory panel of all substances considered for inclusion in the National List. **(m) Evaluation** In evaluating substances considered for inclusion in the proposed National List or proposed amendment to the National List, the Board shall consider— (1) the potential of such substances for detrimental chemical interactions with other materials used in organic farming systems; (2) the toxicity and mode of action of the substance and of its breakdown products or any contaminants, and their persistence and areas of concentration in the environment; (3) the probability of environmental contamination during manufacture, use, misuse or disposal of such substance; (4) the effect of the substance on human health; (5) the effects of the substance on biological and chemical interactions in the agroecosystem, including the physiological effects of the substance on soil organisms (including the salt index and solubility of the soil), crops and livestock; (6) the alternatives to using the substance in terms of practices or other available materials; and (7) its compatibility with a system of sustainable agriculture. **(n) Petitions** The Board shall establish procedures under which persons may petition the Board for the purpose of evaluating substances for inclusion on the National List. **(o) Confidentiality** Any confidential business information obtained by the Board in carrying out this section shall not be released to the public.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6515 — Requirements of certifying agents

**(a) Ability to implement requirements** To be accredited as a certifying agent under [section 6514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6514&num=0&edition=prelim), a governing State official or a person shall be able to fully implement the applicable organic certification program established under this chapter. **(b) Inspectors** Any certifying agent shall employ a sufficient number of inspectors to implement the applicable organic certification program established under this chapter, as determined by the Secretary. **(c) Agreement** Any certifying agent shall enter into an agreement with the Secretary under which such agent shall— (1) agree to carry out the provisions of this chapter; and (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 established under this chapter. **(e) Compliance with program** Any certifying agent shall fully comply with the terms and conditions of the applicable organic certification program implemented under this chapter. **(f) Confidentiality** Except as provided in [section 6506(a)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6506/a/9&num=0&edition=prelim), any certifying agent shall maintain strict confidentiality with respect to

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6517 — National List

**(a) In general** The Secretary shall establish a National List of approved and prohibited substances that shall be included in the standards for organic production and handling established under this chapter in order for such products to be sold or labeled as organically produced under this chapter. **(b) Content of list** The list established under subsection (a) shall contain an itemization, by specific use or application, of each synthetic substance permitted under subsection (c)(1) or each natural substance prohibited under subsection (c)(2). **(c) Guidelines for prohibitions or exemptions** (1) **Exemption for prohibited substances in organic production and handling operations** — The National List may provide for the use of substances in an organic farming or handling operation that are otherwise prohibited under this chapter only if— (A) the Secretary determines, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances— (i) would not be harmful to human health or the environment; (ii) is necessary to the production or handling of the agricultural product because of the unavailability of wholly natural substitute products; and (iii) is consistent with organic farming and handling; (B) the substance— (i) is used in production and contains an active synthetic ingredient in the following categories: copper and sulfur compounds; toxins derived from bacteria; pheromones, soaps, horticultural oils, fish emulsions, treated seed, vitamins and minerals; livestock parasiticides and medicines and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or (ii) is used in pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6517

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6511 — 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 chapter to assist in the enforcement of this chapter. **(b) Preharvest 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 chapter 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 chapter.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6503 — National organic production program

**(a) In general** The Secretary shall establish an organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided for in this chapter. **(b) State program** In establishing the program under subsection (a), the Secretary shall permit each State to implement a State organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided for in this chapter. **(c) Consultation** In developing the program under subsection (a), and the National List under [section 6517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6517&num=0&edition=prelim), the Secretary shall consult with the National Organic Standards Board established under [section 6518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6518&num=0&edition=prelim). **(d) Certification** The Secretary shall implement the program established under subsection (a) through certifying agents. Such certifying agents may certify a farm or handling operation that meets the requirements of this chapter and the requirements of the organic certification program of the State (if applicable) as an organically certified farm or handling operation.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6506 — General requirements

**(a) In general** A program established under this chapter 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 chapter; 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 6513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6513&num=0&edition=prelim); (3) provide for procedures that allow producers and handlers to appeal an adverse administrative determination under this chapter; (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 chapter; (5) provide for annual on-site inspection by the certifying agent of each farm and handling operation that has been certified under this chapter; (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 adequ

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 6518 — National Organic Standards Board

Page 1881 TITLE 7—AGRICULTURE § 6518 Editorial Notes AMENDMENTS 2005—Subsec. (c)(1). Pub. L. 109–97, § 797(b)(1)(A), in- serted ‘‘in organic production and handling operations’’ after ‘‘substances’’ in heading. Subsec. (c)(1)(B)(iii). Pub. L. 109–97, § 797(b)(1)(B), (C), struck out cl. (iii) which read as follows: ‘‘is used in handling and is non-synthetic but is not organically produced; and’’. Subsec. (d)(6). Pub. L. 109–97, § 797(b)(2), added par. (6). 1991—Subsec. (c)(1)(B)(i). Pub. L. 102–237 substituted ‘‘parasiticides’’ for ‘‘paraciticides’’. § 6518. National Organic Standards Board (a) In general The Secretary shall establish a National Or- ganic Standards Board (hereafter referred to in this section as the ‘‘Board’’) in accordance with chapter 10 of title 5 to assist in the development of standards for substances to be used in organic production and to advise the Secretary on any other aspects of the implementation of this chapter. (b) Composition of Board The Board shall be composed of 15 members, of which— (1) four shall be individuals who own or oper- ate an organic farming operation, or employ- ees of such individuals; (2) two shall be individuals who own or oper- ate an organic handling operation, or employ- ees of such individuals; (3) one shall be an individual who owns or operates a retail establishment with signifi- cant trade in organic products, or an employee of such individual; (4) three shall be individuals with expertise in areas of environmental protection and re- source conservation; (5) three shall be individuals who represent public interest or consumer interest groups; (6) one shall be an individual with expertise in the fields of toxicology, ecology, or bio- chemistry; and (7) one shall be an individual who

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