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

Page 1881 TITLE 7—AGRICULTURE § 6518 Editorial Notes AMENDMENTS 2005—Subsec. (c)(1). Pub. L. 109–97, § 797(b)(1)(A), in- serted ‘‘in organic production and handling operations’’ after ‘‘substances’’ in heading. Subsec. (c)(1)(B)(iii). Pub. L. 109–97, § 797(b)(1)(B), (C), struck out cl. (iii) which read as follows: ‘‘is used in handling and is non-synthetic but is not organically produced; and’’. Subsec. (d)(6). Pub. L. 109–97, § 797(b)(2), added par. (6). 1991—Subsec. (c)(1)(B)(i). Pub. L. 102–237 substituted ‘‘parasiticides’’ for ‘‘paraciticides’’. § 6518. National Organic Standards Board (a) In general The Secretary shall establish a National Or- ganic 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 oper- ate an organic farming operation, or employ- ees of such individuals; (2) two shall be individuals who own or oper- ate an organic handling operation, or employ- ees of such individuals; (3) one shall be an individual who owns or operates a retail establishment with signifi- cant trade in organic products, or an employee of such individual; (4) three shall be individuals with expertise in areas of environmental protection and re- source 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 bio- chemistry; and (7) one shall be an individual who is a certi- fying agent as identified under section 6515 of this title. (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 sub- section (b) (and under subsection (b)(7) at an ap- propriate date after the certification of individ- uals as certifying agents under section 6515 of this title) from nominations received from or- ganic certifying organizations, States, and other interested persons and organizations. (d) Term A member of the Board shall serve for a term of 5 years, except that the Secretary shall ap- point the original members of the Board for staggered terms. A member cannot serve con- secutive terms unless such member served an original term that was less than 5 years. (e) Meetings The Secretary shall convene a meeting of the Board not later than 60 days after the appoint- ment of its members and shall convene subse- quent meetings on a periodic basis. (f) Compensation and expenses A member of the Board shall serve without compensation. While away from their homes or regular places of business on the business of the Board, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as is authorized under section 5703 of title 5 for persons employed intermittently in the Government service. (g) Chairperson The Board shall select a Chairperson for the Board. (h) Quorum A majority of the members of the Board shall constitute a quorum for the purpose of con- ducting business. (i) Decisive votes (1) In general 2⁄3 of the votes cast at a meeting of the Board at which a quorum is present shall be decisive of any motion. (2) National list Any vote on a motion proposing to amend the national list shall be considered to be a de- cisive vote that requires 2⁄3 of the votes cast at a meeting of the Board at which a quorum is present to prevail. (j) Other terms and conditions The Secretary shall authorize the Board to hire a staff director and shall detail staff of the Department of Agriculture or allow for the hir- ing of staff and may, subject to necessary appro- priations, pay necessary expenses incurred by such Board in carrying out the provisions of this chapter, as determined appropriate by the Sec- retary. (k) Responsibilities of Board (1) In general The Board shall provide recommendations to the Secretary regarding the implementation of this chapter. (2) National List The Board shall develop the proposed Na- tional List or proposed amendments to the Na- tional List for submission to the Secretary in accordance with section 6517 of this title. (3) Technical advisory panels The Board shall convene technical advisory panels to provide scientific evaluation of the materials considered for inclusion in the Na- tional List. Such panels may include experts in agronomy, entomology, health sciences and other relevant disciplines. (4) Special review of botanical pesticides The Board shall, prior to the establishment of the National List, review all botanical pes- ticides used in agricultural production and consider whether any such botanical pesticide should be included in the list of prohibited natural substances. (5) Product residue testing The Board shall advise the Secretary con- cerning the testing of organically produced ag- Page 1882 TITLE 7—AGRICULTURE § 6519 ricultural products for residues caused by un- avoidable residual environmental contamina- tion. (6) Emergency spray programs The Board shall advise the Secretary con- cerning rules for exemptions from specific re- quirements of this chapter (except the provi- sions of section 6511 of this title) with respect to agricultural products produced on certified organic farms if such farms are subject to a Federal or State emergency pest or disease treatment program. (l) Requirements In establishing the proposed National List or proposed amendments to the National List, the Board shall— (1) review available information from the Environmental Protection Agency, the Na- tional Institute of Environmental Health Studies, and such other sources as appro- priate, concerning the potential for adverse human and environmental effects of sub- stances considered for inclusion in the pro- posed National List; (2) work with manufacturers of substances considered for inclusion in the proposed Na- tional List to obtain a complete list of ingre- dients and determine whether such substances contain inert materials that are synthetically produced; and (3) submit to the Secretary, along with the proposed National List or any proposed amendments to such list, the results of the Board’s evaluation and the evaluation of the technical advisory panel of all substances con- sidered for inclusion in the National List. (m) Evaluation In evaluating substances considered for inclu- sion in the proposed National List or proposed amendment to the National List, the Board shall consider— (1) the potential of such substances for detri- mental chemical interactions with other ma- terials used in organic farming systems; (2) the toxicity and mode of action of the substance and of its breakdown products or any contaminants, and their persistence and areas of concentration in the environment; (3) the probability of environmental con- tamination during manufacture, use, misuse or disposal of such substance; (4) the effect of the substance on human health; (5) the effects of the substance on biological and chemical interactions in the agroecosystem, including the physiological ef- fects of the substance on soil organisms (in- cluding the salt index and solubility of the soil), crops and livestock; (6) the alternatives to using the substance in terms of practices or other available mate- rials; and (7) its compatibility with a system of sus- tainable agriculture. (n) Petitions The Board shall establish procedures under which persons may petition the Board for the purpose of evaluating substances for inclusion on the National List. (o) Confidentiality Any confidential business information ob- tained by the Board in carrying out this section shall not be released to the public. (Pub. L. 101–624, title XXI, § 2119, Nov. 28, 1990, 104 Stat. 3947; Pub. L. 102–237, title X, § 1001(7), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 115–334, title X, § 10104(e), (f), Dec. 20, 2018, 132 Stat. 4901; Pub. L. 117–286, § 4(a)(39), Dec. 27, 2022, 136 Stat. 4309.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286 substituted ‘‘(here- after referred to in this section as the ‘Board’) in ac- cordance with chapter 10 of title 5’’ for ‘‘(in accordance with the Federal Advisory Committee Act) (hereafter referred to in this section as the ‘Board’)’’. 2018—Subsec. (b)(1). Pub. L. 115–334, § 10104(e)(1), in- serted ‘‘, or employees of such individuals’’ after ‘‘oper- ation’’. Subsec. (b)(2). Pub. L. 115–334, § 10104(e)(2), inserted ‘‘, or employees of such individuals’’ after ‘‘operation’’. Subsec. (b)(3). Pub. L. 115–334, § 10104(e)(3), inserted ‘‘, or an employee of such individual’’ after ‘‘products’’. Subsec. (i). Pub. L. 115–334, § 10104(f), designated exist- ing provisions as par. (1), inserted heading, substituted ‘‘2⁄3’’ for ‘‘Two-thirds’’, and added par. (2). 1991—Subsec. (a). Pub. L. 102–237 substituted ‘‘to as- sist’’ for ‘‘(to assist’’. § 6519. Recordkeeping, investigations, and en- forcement (a) Recordkeeping (1) In general Except as otherwise provided in this chap- ter, each person who sells, labels, or rep- resents any agricultural product as having been produced or handled using organic meth- ods shall make available to the Secretary or the applicable governing State official, on re- quest by the Secretary or official, all records associated with the agricultural product. (2) Certified operations Each producer that operates a certified or- ganic farm or certified organic handling oper- ation under this chapter shall maintain, for a period of not less than 5 years, all records con- cerning the production or handling of any ag- ricultural product sold or labeled as organi- cally produced under this chapter, including— (A) a detailed history of substances applied to fields or agricultural products; (B) the name and address of each person who applied such a substance; and (C) the date, rate, and method of applica- tion of each such substance. (3) Certifying agents (A) Maintenance of records A certifying agent shall maintain all records concerning the activities of the cer- tifying agent under this chapter for a period of not less than 10 years. (B) Access for Secretary A certifying agent shall provide to the Secretary and the applicable governing State official (or a representative) access to all records concerning the activities of the certifying agent under this chapter.