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7 U.S.C. § 6514 — Accreditation program
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
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Stable record: federal_law:legal_authorities:record_usc_4f60415a3ad35d5748efdded
Source file: Laws/federal/codes/united-states-code/title-7/section-6514-accreditation-program--fa85ea78a5.md
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Source location: Title 7, Chapter 94, § 6514; chapter-094-organic-certification.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
To be sold or labeled as an organically produced agricultural product under this chapter, an agricultural product shall—
(1) have been produced and handled without the use of synthetic chemicals, except as otherwise provided in this chapter;
(2) except as otherwise provided in this chapter and excluding livestock, not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products; and
(3) be produced and handled in compliance with an organic plan agreed to by the producer and handler of such product and the certifying agent.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6516
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Federal law — U.S. Code and appendices · legal_authorities
Page 1878
TITLE 7—AGRICULTURE
§ 6514
of livestock consistent with the purposes of this
chapter.
(d) Mixed crop livestock production
An organic plan may encompass both the crop
production and livestock production require-
ments in subsections (b) and (c) if both activi-
ties are conducted by the same producer.
(e) Handling plan
An organic handling plan shall contain provi-
sions designed to ensure that agricultural prod-
ucts that are sold or labeled as organically pro-
duced are produced and handled in a manner
that is consistent with the purposes of this
chapter.
(f) Management of wild crops
An organic plan for the harvesting of wild
crops shall—
(1) designate the area from which the wild
crop will be gathered or harvested;
(2) include a 3 year history of the manage-
ment of the area showing that no prohibited
substances have been applied;
(3) include a plan for the harvesting or gath-
ering of the wild crops assuring that such har-
vesting or gathering will not be destructive to
the environment and will sustain the growth
and production of the wild crop; and
(4) include provisions that no prohibited sub-
stances will be applied by the producer.
(g) Limitation on content of plan
An organic plan shall not include any produc-
tion or handling practices that are inconsistent
with this chapter.
(Pub. L. 101–624, title XXI, § 2114, Nov. 28, 1990,
104 Stat. 3943.)
§ 6514. 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 require-
ments of this section as a certifying agent for
the purpose of certifying a farm or handling op-
eration as a certified organic farm or handling
operation.
(b) Requirements
To be accredited as a cert
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