7 U.S.C. § 6516 — Peer review of certifying agents

Page 1879 TITLE 7—AGRICULTURE § 6516 (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 es- tablished under this chapter. (e) Compliance with program Any certifying agent shall fully comply with the terms and conditions of the applicable or- ganic certification program implemented under this chapter. (f) Confidentiality Except as provided in section 6506(a)(9) of this title, 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 ex- ception of the Secretary or the applicable gov- erning State official) any business related infor- mation concerning such client obtained while implementing this chapter. (g) Conflict of interest Any certifying agent shall not— (1) carry out any inspections of any oper- ation in which such certifying agent, or em- ployee of such certifying agent has, or has had, a commercial interest, including the pro- vision 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 prac- tices 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 offi- cial (if applicable) determines that a certi- fying agent or an entity acting as an agent of the certifying agent is not properly adhering to the provisions of this chapter, the Sec- retary 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 pro- visions of this chapter, the Secretary may suspend the operations of the certifying agent or the noncompliant office, includ- ing— (i) an office operating in a foreign coun- try; 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 fol- lowing suspension The Secretary shall provide for a process that is otherwise consistent with this sec- tion that authorizes a suspended office to re- sume 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 certi- fying agent may retain their organic certifi- cation. (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. (Pub. L. 101–624, title XXI, § 2116, Nov. 28, 1990, 104 Stat. 3944; Pub. L. 102–237, title X, § 1001(5), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 113–79, title X, § 10005(b)(1), Feb. 7, 2014, 128 Stat. 944; Pub. L. 115–334, title X, § 10104(d), Dec. 20, 2018, 132 Stat. 4900.) Editorial Notes AMENDMENTS 2018—Subsec. (i)(1). Pub. L. 115–334, § 10104(d)(1)(A), in- serted ‘‘or an entity acting as an agent of the certi- fying agent’’ after ‘‘a certifying agent’’. Subsec. (i)(2), (3). Pub. L. 115–334, § 10104(d)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3). Subsec. (j). Pub. L. 115–334, § 10104(d)(2), added subsec. (j). 2014—Subsecs. (c) to (j). Pub. L. 113–79 redesignated subsecs. (d) to (j) as (c) to (i), respectively, substituted ‘‘subsection (c)’’ for ‘‘subsection (d)’’ in introductory provisions of subsec. (d), and struck out former subsec. (c) which related to maintenance of, access to, and transference of records of certifying agents. 1991—Subsec. (j)(2). Pub. L. 102–237 substituted ‘‘such certifying’’ for ‘‘certifying such’’. § 6516. Peer review of certifying agents (a) Peer review In determining whether to approve an applica- tion for accreditation submitted under section 6514 of this title, 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 applica- tions under section 6514 of this title, the Sec- retary 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 em- ployees of the Department of Agriculture or of the applicable State government. (Pub. L. 101–624, title XXI, § 2117, Nov. 28, 1990, 104 Stat. 3945.) Page 1880 TITLE 7—AGRICULTURE § 6517 § 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 produc- tion 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 appli- cation, of each synthetic substance permitted under subsection (c)(1) or each natural sub- stance prohibited under subsection (c)(2). (c) Guidelines for prohibitions or exemptions (1) Exemption for prohibited substances in or- ganic 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 consulta- tion 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 be- cause of the unavailability of wholly nat- ural 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 fol- lowing categories: copper and sulfur com- pounds; toxins derived from bacteria; pheromones, soaps, horticultural oils, fish emulsions, treated seed, vitamins and min- erals; livestock parasiticides and medi- cines and production aids including net- ting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or (ii) is used in production and contains synthetic inert ingredients that are not classified by the Administrator of the En- vironmental Protection Agency as inerts of toxicological concern; and (C) the specific exemption is developed using the procedures described in subsection (d). (2) Prohibition on the use of specific natural substances The National List may prohibit the use of specific natural substances in an organic farm- ing or handling operation that are otherwise allowed under this chapter only if— (A) the Secretary determines, in consulta- tion with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances— (i) would be harmful to human health or the environment; and (ii) is inconsistent with organic farming or handling, and the purposes of this chap- ter; and (B) the specific prohibition is developed using the procedures specified in subsection (d). (d) Procedure for establishing National List (1) In general The National List established by the Sec- retary shall be based upon a proposed national list or proposed amendments to the National List developed by the National Organic Stand- ards Board. (2) No additions The Secretary may not include exemptions for the use of specific synthetic substances in the National List other than those exemptions contained in the Proposed National List or Proposed Amendments to the National List. (3) Prohibited substances In no instance shall the National List in- clude any substance, the presence of which in food has been prohibited by Federal regulatory action. (4) Notice and comment Before establishing the National List or be- fore making any amendments to the National List, the Secretary shall publish the Proposed National List or any Proposed Amendments to the National List in the Federal Register and seek public comment on such proposals. The Secretary shall include in such Notice any changes to such proposed list or amendments recommended by the Secretary. (5) Publication of National List After evaluating all comments received con- cerning the Proposed National List or Pro- posed Amendments to the National List, the Secretary shall publish the final National List in the Federal Register, along with a discus- sion of comments received. (6) Expedited petitions for commercially un- available organic agricultural products constituting less than 5 percent of an or- ganic processed product The Secretary may develop emergency pro- cedures for designating agricultural products that are commercially unavailable in organic form for placement on the National List for a period of time not to exceed 12 months. (e) Sunset provision No exemption or prohibition contained in the National List shall be valid unless the National Organic Standards Board has reviewed such ex- emption or prohibition as provided in this sec- tion within 5 years of such exemption or prohi- bition being adopted or reviewed and the Sec- retary has renewed such exemption or prohibi- tion. (Pub. L. 101–624, title XXI, § 2118, Nov. 28, 1990, 104 Stat. 3946; Pub. L. 102–237, title X, § 1001(6), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 109–97, title VII, § 797(b), Nov. 10, 2005, 119 Stat. 2165.)