7 U.S.C. § 6503 — National organic production program

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.)