7 U.S.C. § 6507 — State organic certification program

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.