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

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

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

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Stable record: federal_law:legal_authorities:record_usc_a8112612a0af6478602243a4
Source file: Laws/federal/codes/united-states-code/title-7/section-6515-requirements-of-certifying-agents--79bc2530d7.md
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Source location: Title 7, Chapter 94, § 6515; chapter-094-organic-certification.md

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**(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 its clients under the applicable organic certification program and may not disclose to third parties (with the exception of the Secretary or the applicable governing State official) any business related information concerning such client obtained while implementing this chapter. **(g) Conflict of interest** Any certifying agent shall not— (1) carry out any inspections of any operation in which such certifying agent, or employee of such certifying agent has, or has had, a commercial interest, including the provision 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 practices or techniques for a fee, other than fees established under such program. **(h) Administrator** A certifying agent that is a private person shall nominate the individual who controls the day-to-day operation of the agent. **(i) Loss of accreditation** (1) **Noncompliance** — If the Secretary or the governing State official (if applicable) determines that a certifying agent or an entity acting as an agent of the certifying agent is not properly adhering to the provisions of this chapter, the Secretary or such governing State official may suspend such certifying agent’s accreditation. (2) **Oversight of certifying offices and foreign operations** (A) *In general* — If the Secretary determines that an office of a certifying agent or entity described in paragraph (1) is not complying with the provisions of this chapter, the Secretary may suspend the operations of the certifying agent or the noncompliant office, including— (i) an office operating in a foreign country; and (ii) an office operating in the United States, including an office acting on behalf of a foreign-domiciled entity. (B) *Process for resuming operations following suspension* — The Secretary shall provide for a process that is otherwise consistent with this section that authorizes a suspended office to resume operations. (3) **Effect on certified operations** — If the accreditation of a certifying agent is suspended under paragraph (1), the Secretary or the governing State official (if applicable) shall promptly determine whether farming or handling operations certified by such certifying agent may retain their organic certification. **(j) Notice** Not later than 90 days after the date on which a new certifying office performing certification activities opens, an accredited certifying agent shall notify the Secretary of the opening.

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

7 U.S.C. § 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 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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Federal law — U.S. Code and appendices · legal_authorities

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

**(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 orga

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

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

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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