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7 U.S.C. § 6511 — Additional guidelines

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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Source location: Title 7, Chapter 94, § 6511; chapter-094-organic-certification.md

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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

**(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. § 6511 — Additional guidelines

Page 1877 TITLE 7—AGRICULTURE § 6513 Dec. 13, 1991, 105 Stat. 1893; Pub. L. 106–387, § 1(a) [title VII, § 748], Oct. 28, 2000, 114 Stat. 1549, 1549A–41; Pub. L. 109–97, title VII, § 797(a), Nov. 10, 2005, 119 Stat. 2165.) Editorial Notes REFERENCES IN TEXT The Safe Drinking Water Act, referred to in subsec. (a)(7), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classi- fied generally to subchapter XII (§ 300f et seq.) of chap- ter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. AMENDMENTS 2005—Subsec. (a)(1). Pub. L. 109–97 inserted ‘‘not ap- pearing on the National List’’ after ‘‘ingredient’’. 2000—Subsec. (a)(3). Pub. L. 106–387 inserted ‘‘except in the production of wine,’’ after ‘‘sulfites,’’. 1991—Subsec. (a)(1). Pub. L. 102–237 substituted ‘‘postharvest’’ for ‘‘post harvest’’. § 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 deter- mines that an agricultural product sold or la- beled as organically produced under this chap- ter contains any detectable pesticide or other non-organic residue or prohi

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