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 prohibited natural sub- stance the Secretary, the applicable governing State official, or the certifying agent shall conduct an investigation to determine if the organic certification program has been vio- lated, 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 ap- plicable governing State official, or the certi- fying 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 con- tamination as prescribed by the Secretary or the applicable governing State official in consultation with the appropriate environ- mental regulatory agencies; such agricultural product shall not be sold or labeled as organically produced under this chapter. (Pub. L. 101–624, title XXI, § 2112, Nov. 28, 1990, 104 Stat. 3942; Pub. L. 102–237, title X, § 1001(4), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 113–79, title X, § 10005(a), Feb. 7, 2014, 128 Stat. 944.) Editorial Notes AMENDMENTS 2014—Subsec. (d). Pub. L. 113–79 struck out subsec. (d) which related to recordkeeping requirements for pro- ducers who operate a certified organic farm or handling operation. 1991—Subsec. (b). Pub. L. 102–237 substituted ‘‘Preharvest’’ for ‘‘Pre-harvest’’ in heading. § 6512. Other production and handling practices If a production or handling practice is not pro- hibited or otherwise restricted under this chap- ter, such practice shall be permitted unless it is determined that such practice would be incon- sistent with the applicable organic certification program. (Pub. L. 101–624, title XXI, § 2113, Nov. 28, 1990, 104 Stat. 3943.) § 6513. Organic plan (a) In general A producer or handler seeking certification under this chapter shall submit an organic plan to the certifying agent and the State organic certification program (if applicable), and such plan shall be reviewed by the certifying agent who shall determine if such plan meets the re- quirements of the programs. (b) Crop production farm plan (1) Soil fertility An organic plan shall contain provisions de- signed to foster soil fertility, primarily through the management of the organic con- tent of the soil through proper tillage, crop ro- tation, and manuring. (2) Manuring (A) Inclusion in organic plan An organic plan shall contain terms and conditions that regulate the application of manure to crops. (B) Application of manure Such organic plan may provide for the ap- plication of raw manure only to— (i) any green manure crop; (ii) any perennial crop; (iii) any crop not for human consump- tion; and (iv) any crop for human consumption, if such crop is harvested after a reasonable period of time determined by the certi- fying agent to ensure the safety of such crop, after the most recent application of raw manure, but in no event shall such pe- riod be less than 60 days after such appli- cation. (C) Contamination by manure Such organic plan shall prohibit raw ma- nure from being applied to any crop in a way that significantly contributes to water con- tamination by nitrates or bacteria. (c) Livestock plan An organic livestock plan shall contain provi- sions designed to foster the organic production