7 U.S.C. § 6502 — Definitions

Page 1871 TITLE 7—AGRICULTURE § 6502 (Pub. L. 101–624, title XIX, § 1999Q, Nov. 28, 1990, 104 Stat. 3926.) § 6417. Authorization of appropriations (a) In general There are authorized to be appropriated for each fiscal year such funds as are necessary to carry out this chapter. (b) Administrative expenses The funds so appropriated shall not be avail- able for payment of the expenses or expenditures of the Board in administering any provision of any order issued under this chapter. (Pub. L. 101–624, title XIX, § 1999R, Nov. 28, 1990, 104 Stat. 3926.) CHAPTER 94—ORGANIC CERTIFICATION Sec. 6501. Purposes. 6502. Definitions. 6503. National organic production program. 6504. National standards for organic production. 6505. Compliance requirements. 6506. General requirements. 6507. State organic certification program. 6508. Prohibited crop production practices and ma- terials. 6509. Animal production practices and materials. 6510. Handling. 6511. Additional guidelines. 6512. Other production and handling practices. 6513. Organic plan. 6514. Accreditation program. 6515. Requirements of certifying agents. 6516. Peer review of certifying agents. 6517. National List. 6518. National Organic Standards Board. 6519. Recordkeeping, investigations, and enforce- ment. 6520. Administrative appeal. 6521. Administration. 6521a. Organic agricultural product imports inter- agency working group. 6522. Funding. 6523. National organic certification cost-share pro- gram. 6524. Organically produced food. § 6501. Purposes It is the purpose of this chapter— (1) to establish national standards governing the marketing of certain agricultural products as organically produced products; (2) to assure consumers that organically pro- duced products meet a consistent standard; and (3) to facilitate interstate commerce in fresh and processed food that is organically pro- duced. (Pub. L. 101–624, title XXI, § 2102, Nov. 28, 1990, 104 Stat. 3935.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–624, title XXI, § 2101, Nov. 28, 1990, 104 Stat. 3935, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Organic Foods Production Act of 1990’.’’ § 6502. Definitions As used in this chapter: (1) Agricultural product The term ‘‘agricultural product’’ means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is mar- keted in the United States for human or live- stock consumption. (2) Botanical pesticides The term ‘‘botanical pesticides’’ means nat- ural pesticides derived from plants. (3) Certifying agent (A) In general The term ‘‘certifying agent’’ means the chief executive officer of a State or, in the case of a State that provides for the State- wide election of an official to be responsible solely for the administration of the agricul- tural operations of the State, such official, and any person (including private entities) who is accredited by the Secretary as a cer- tifying agent for the purpose of certifying a farm or handling operation as a certified or- ganic farm or handling operation in accord- ance with this chapter. (B) Foreign operations When used in the context of a certifying agent operating in a foreign country, the term ‘‘certifying agent’’ includes any person (including a private entity)— (i) accredited in accordance with section 6514(d) of this title; or (ii) accredited by a foreign government that acted under an equivalency agree- ment negotiated between the United States and the foreign government from which the agricultural product is im- ported. (4) Certified organic farm The term ‘‘certified organic farm’’ means a farm, or portion of a farm, or site where agri- cultural products or livestock are produced, that is certified by the certifying agent under this chapter as utilizing a system of organic farming as described by this chapter. (5) Certified organic handling operation The term ‘‘certified organic handling oper- ation’’ means any operation, or portion of any handling operation, that is certified by the certifying agent under this chapter as uti- lizing a system of organic handling as de- scribed under this chapter. (6) Crop year The term ‘‘crop year’’ means the normal growing season for a crop as determined by the Secretary. (7) Governing State official The term ‘‘governing State official’’ means the chief executive official of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural op- erations of the State, such official, who ad- ministers an organic certification program under this chapter. (8) Handle The term ‘‘handle’’ means to sell, process or package agricultural products. Page 1872 TITLE 7—AGRICULTURE § 6502 (9) Handler The term ‘‘handler’’ means any person en- gaged in the business of handling agricultural products, except such term shall not include final retailers of agricultural products that do not process agricultural products. (10) Handling operation The term ‘‘handling operation’’ means any operation or portion of an operation (except final retailers of agricultural products that do not process agricultural products) that— (A) receives or otherwise acquires agricul- tural products; and (B) processes, packages, or stores such products. (11) Livestock The term ‘‘livestock’’ means any cattle, sheep, goats, swine, poultry, equine animals used for food or in the production of food, fish used for food, wild or domesticated game, or other nonplant life. (12) National List The term ‘‘National List’’ means a list of ap- proved and prohibited substances as provided for in section 6517 of this title. (13) National organic program import certifi- cate The term ‘‘national organic program import certificate’’ means a form developed for pur- poses of the program under this chapter— (A) to provide documentation sufficient to verify that an agricultural product imported for sale in the United States satisfies the re- quirement under section 6514(c) of this title; (B) which shall include, at a minimum, in- formation sufficient to indicate, with re- spect to the agricultural product— (i) the origin; (ii) the destination; (iii) the certifying agent issuing the na- tional organic program import certificate; (iv) the harmonized tariff code, if a har- monized tariff code exists for the agricul- tural product; (v) the total weight; and (vi) the organic standard to which the agricultural product is certified; and (C) that is not more than otherwise re- quired under an equivalency agreement ne- gotiated between the United States and the foreign government. (14) Organic plan The term ‘‘organic plan’’ means a plan of management of an organic farming or han- dling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production or handling described in this chapter including crop rota- tion and other practices as required under this chapter. (15) Organically produced The term ‘‘organically produced’’ means an agricultural product that is produced and han- dled in accordance with this chapter. (16) Person The term ‘‘person’’ means an individual, group of individuals, corporation, association, organization, cooperative, or other entity. (17) Pesticide The term ‘‘pesticide’’ means any substance which alone, in chemical combination, or in any formulation with one or more substances, is defined as a pesticide in the Federal Insecti- cide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (18) Processing The term ‘‘processing’’ means cooking, bak- ing, heating, drying, mixing, grinding, churn- ing, separating, extracting, cutting, fer- menting, eviscerating, preserving, dehy- drating, freezing, or otherwise manufacturing, and includes the packaging, canning, jarring, or otherwise enclosing food in a container. (19) Producer The term ‘‘producer’’ means a person who engages in the business of growing or pro- ducing food or feed. (20) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (21) State organic certification program The term ‘‘State organic certification pro- gram’’ means a program that meets the re- quirements of section 6506 of this title, is ap- proved by the Secretary, and that is designed to ensure that a product that is sold or labeled as ‘‘organically produced’’ under this chapter is produced and handled using organic meth- ods. (22) Synthetic The term ‘‘synthetic’’ means a substance that is formulated or manufactured by a chemical process or by a process that chemi- cally changes a substance extracted from nat- urally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes. (Pub. L. 101–624, title XXI, § 2103, Nov. 28, 1990, 104 Stat. 3935; Pub. L. 115–334, title X, § 10104(b), Dec. 20, 2018, 132 Stat. 4899.) Editorial Notes REFERENCES IN TEXT The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in par. (17), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 136 of this title and Tables. AMENDMENTS 2018—Par. (3). Pub. L. 115–334, § 10104(b)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Pars. (13) to (22). Pub. L. 115–334, § 10104(b)(2), (3), added par. (13) and redesignated former pars. (13) to (21) as (14) to (22), respectively. Page 1873 TITLE 7—AGRICULTURE § 6505 § 6503. National organic production program (a) In general The Secretary shall establish an organic cer- tification 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 im- plement a State organic certification program for producers and handlers of agricultural prod- ucts 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, the Secretary shall consult with the National Organic Standards Board established under section 6518 of this title. (d) Certification The Secretary shall implement the program established under subsection (a) through certi- fying agents. Such certifying agents may certify a farm or handling operation that meets the re- quirements of this chapter and the requirements of the organic certification program of the State (if applicable) as an organically certified farm or handling operation. (Pub. L. 101–624, title XXI, § 2104, Nov. 28, 1990, 104 Stat. 3937.) Statutory Notes and Related Subsidiaries EXCLUSIONS FROM ORGANIC CERTIFICATION Pub. L. 115–334, title X, § 10104(a), Dec. 20, 2018, 132 Stat. 4899, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 20, 2018], the Secretary [of Agriculture] shall issue regulations to limit the type of organic operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations, and from certification under any other related sections under part 205 of title 7, Code of Federal Regulations.’’ § 6504. National standards for organic production To be sold or labeled as an organically pro- duced agricultural product under this chapter, an agricultural product shall— (1) have been produced and handled without the use of synthetic chemicals, except as oth- erwise provided in this chapter; (2) except as otherwise provided in this chap- ter and excluding livestock, not be produced on land to which any prohibited substances, including synthetic chemicals, have been ap- plied during the 3 years immediately pre- ceding the harvest of the agricultural prod- ucts; 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. (Pub. L. 101–624, title XXI, § 2105, Nov. 28, 1990, 104 Stat. 3937; Pub. L. 102–237, title X, § 1001(1), Dec. 13, 1991, 105 Stat. 1893.) Editorial Notes AMENDMENTS 1991—Par. (2). Pub. L. 102–237 substituted ‘‘; and’’ for period at end. § 6505. Compliance requirements (a) Domestic products (1) In general On or after October 1, 1993— (A) a person may sell or label an agricul- tural product as organically produced only if such product is produced and handled in ac- cordance with this chapter; and (B) no person may affix a label to, or pro- vide other market information concerning, an agricultural product if such label or in- formation implies, directly or indirectly, that such product is produced and handled using organic methods, except in accordance with this chapter. (2) USDA standards and seal A label affixed, or other market information provided, in accordance with paragraph (1) may indicate that the agricultural product meets Department of Agriculture standards for organic production and may incorporate the Department of Agriculture seal. (b) Imported products Imported agricultural products may be sold or labeled as organically produced if the Secretary determines that such products have been pro- duced and handled under an organic certifi- cation program that provides safeguards and guidelines governing the production and han- dling of such products that are at least equiva- lent to the requirements of this chapter. (c) Exemptions for processed food Subsection (a) shall not apply to agricultural products that— (1) contain at least 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Sec- retary, in consultation with the National Or- ganic Standards Board and the Secretary of Health and Human Services, has determined to permit the word ‘‘organic’’ to be used on the principal display panel of such products only for the purpose of describing the organi- cally produced ingredients; or (2) contain less than 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Sec- retary, in consultation with the National Or- ganic Standards Board and the Secretary of Health and Human Services, has determined to permit the word ‘‘organic’’ to appear on the ingredient listing panel to describe those in- gredients that are organically produced in ac- cordance with this chapter. (d) Small farmer exemption Subsection (a)(1) shall not apply to persons who sell no more than $5,000 annually in value of agricultural products. (Pub. L. 101–624, title XXI, § 2106, Nov. 28, 1990, 104 Stat. 3937.)