7 U.S.C. § 6506 — General requirements

Page 1874 TITLE 7—AGRICULTURE § 6506 § 6506. General requirements (a) In general A program established under this chapter shall— (1) provide that an agricultural product to be sold or labeled as organically produced must— (A) be produced only on certified organic farms and handled only through certified or- ganic handling operations in accordance with this chapter; and (B) be produced and handled in accordance with such program; (2) require that producers and handlers desir- ing to participate under such program estab- lish an organic plan under section 6513 of this title; (3) provide for procedures that allow pro- ducers and handlers to appeal an adverse ad- ministrative determination under this chap- ter; (4) require each certified organic farm or each certified organic handling operation to certify to the Secretary, the governing State official (if applicable), and the certifying agent on an annual basis, that such farm or handler has not produced or handled any agri- cultural product sold or labeled as organically produced except in accordance with this chap- ter; (5) provide for annual on-site inspection by the certifying agent of each farm and handling operation that has been certified under this chapter; (6) require periodic residue testing by certi- fying agents of agricultural products that have been produced on certified organic farms and handled through certified organic han- dling operations to determine whether such products contain any pesticide or other non- organic residue or natural toxicants and to re- quire certifying agents, to the extent that such agents are aware of a violation of appli- cable laws relating to food safety, to report such violation to the appropriate health agen- cies; (7) provide for appropriate and adequate en- forcement procedures, as determined by the Secretary to be necessary and consistent with this chapter; (8) protect against conflict-of-interest as specified under section 6515(g) of this title; (9) provide for public access to certification documents and laboratory analyses that per- tain to certification; (10) provide for the collection of reasonable fees from producers, certifying agents and handlers who participate in such program; and (11) require such other terms and conditions as may be determined by the Secretary to be necessary. (b) Discretionary requirements An organic certification program established under this chapter may— (1) provide for the certification of an entire farm or handling operation or specific fields of a farm or parts of a handling operation if— (A) in the case of a farm or field, the area to be certified has distinct, defined bound- aries and buffer zones separating the land being operated through the use of organic methods from land that is not being oper- ated through the use of such methods; (B) the operators of such farm or handling operation maintain records of all organic op- erations separate from records relating to other operations and make such records available at all times for inspection by the Secretary, the certifying agent, and the gov- erning State official; and (C) appropriate physical facilities, machin- ery, and management practices are estab- lished to prevent the possibility of a mixing of organic and nonorganic products or a pen- etration of prohibited chemicals or other substances on the certified area; and (2) provide for reasonable exemptions from specific requirements of this chapter (except the provisions of section 6511 of this title) with respect to agricultural products produced on certified organic farms if such farms are sub- ject to a Federal or State emergency pest or disease treatment program. (c) Wild seafood (1) In general Notwithstanding the requirement of sub- section (a)(1)(A) requiring products be pro- duced only on certified organic farms, the Sec- retary shall allow, through regulations pro- mulgated after public notice and opportunity for comment, wild seafood to be certified or la- beled as organic. (2) Consultation and accommodation In carrying out paragraph (1), the Secretary shall— (A) consult with— (i) the Secretary of Commerce; (ii) the National Organic Standards Board established under section 6518 of this title; (iii) producers, processors, and sellers; and (iv) other interested members of the pub- lic; and (B) to the maximum extent practicable, accommodate the unique characteristics of the industries in the United States that har- vest and process wild seafood. (d) State program A State organic certification program ap- proved under this chapter may contain addi- tional guidelines governing the production or handling of products sold or labeled as organi- cally produced in such State as required in sec- tion 6507 of this title. (e) Availability of fees (1) Account Fees collected under subsection (a)(10) (in- cluding late payment penalties and interest earned from investment of the fees) shall be credited to the account that incurs the cost of the services provided under this chapter. (2) Use The collected fees shall be available to the Secretary, without further appropriation or fiscal-year limitation, to pay the expenses of Page 1875 TITLE 7—AGRICULTURE § 6509 the Secretary incurred in providing accredita- tion services under this chapter. (Pub. L. 101–624, title XXI, § 2107, Nov. 28, 1990, 104 Stat. 3938; Pub. L. 105–185, title VI, § 601(a), June 23, 1998, 112 Stat. 585; Pub. L. 108–11, title II, § 2105, Apr. 16, 2003, 117 Stat. 589; Pub. L. 113–79, title X, § 10005(b)(2), Feb. 7, 2014, 128 Stat. 944.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(8). Pub. L. 113–79 substituted ‘‘sec- tion 6515(g)’’ for ‘‘section 6515(h)’’. 2003—Subsecs. (c) to (e). Pub. L. 108–11 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1998—Subsec. (d). Pub. L. 105–185 added subsec. (d). § 6507. State organic certification program (a) In general The governing State official may prepare and submit a plan for the establishment of a State organic certification program to the Secretary for approval. A State organic certification pro- gram must meet the requirements of this chap- ter to be approved by the Secretary. (b) Additional requirements (1) Authority A State organic certification program estab- lished under subsection (a) may contain more restrictive requirements governing the or- ganic certification of farms and handling oper- ations and the production and handling of ag- ricultural products that are to be sold or la- beled as organically produced under this chap- ter than are contained in the program estab- lished by the Secretary. (2) Content Any additional requirements established under paragraph (1) shall— (A) further the purposes of this chapter; (B) not be inconsistent with this chapter; (C) not be discriminatory towards agricul- tural commodities organically produced in other States in accordance with this chap- ter; and (D) not become effective until approved by the Secretary. (c) Review and other determinations (1) Subsequent review The Secretary shall review State organic certification programs not less than once dur- ing each 5-year period following the date of the approval of such programs. (2) Changes in program The governing State official, prior to imple- menting any substantive change to programs approved under this subsection, shall submit such change to the Secretary for approval. (3) Time for determination The Secretary shall make a determination concerning any plan, proposed change to a program, or a review of a program not later than 6 months after receipt of such plan, such proposed change, or the initiation of such re- view. (Pub. L. 101–624, title XXI, § 2108, Nov. 28, 1990, 104 Stat. 3939.) § 6508. Prohibited crop production practices and materials (a) Seed, seedlings and planting practices For a farm to be certified under this chapter, producers on such farm shall not apply mate- rials to, or engage in practices on, seeds or seed- lings that are contrary to, or inconsistent with, the applicable organic certification program. (b) Soil amendments For a farm to be certified under this chapter, producers on such farm shall not— (1) use any fertilizers containing synthetic ingredients or any commercially blended fer- tilizers containing materials prohibited under this chapter or under the applicable State or- ganic certification program; or (2) use as a source of nitrogen: phosphorous, lime, potash, or any materials that are incon- sistent with the applicable organic certifi- cation program. (c) Crop management For a farm to be certified under this chapter, producers on such farm shall not— (1) use natural poisons such as arsenic or lead salts that have long-term effects and per- sist in the environment, as determined by the applicable governing State official or the Sec- retary; (2) use plastic mulches, unless such mulches are removed at the end of each growing or har- vest season; or (3) use transplants that are treated with any synthetic or prohibited material. (Pub. L. 101–624, title XXI, § 2109, Nov. 28, 1990, 104 Stat. 3940.) § 6509. Animal production practices and mate- rials (a) In general Any livestock that is to be slaughtered and sold or labeled as organically produced shall be raised in accordance with this chapter. (b) Breeder stock Breeder stock may be purchased from any source if such stock is not in the last third of gestation. (c) Practices For a farm to be certified under this chapter as an organic farm with respect to the livestock produced by such farm, producers on such farm— (1) shall feed such livestock organically pro- duced feed that meets the requirements of this chapter; (2) shall not use the following feed— (A) plastic pellets for roughage; (B) manure refeeding; or (C) feed formulas containing urea; and (3) shall not use growth promoters and hor- mones on such livestock, whether implanted, ingested, or injected, including antibiotics and synthetic trace elements used to stimulate growth or production of such livestock.