7 USC 6519 - Recordkeeping, investigations, and enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 6519.

Recordkeeping, investigations, and enforcement

(a)

Recordkeeping

(1)

In general

(2)

Certified operations

Each producer that operates a certified organic farm or certified organic handling operation under this chapter shall maintain, for a period of not less than 5 years, all records concerning the production or handling of any agricultural product sold or labeled as organically 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 application of each such substance.

(3)

Certifying agents

(A)

Maintenance of records

(B)

Access for Secretary

(C)

Transference of records

If a private person that was certified under this chapter is dissolved or loses accreditation, all records and copies of records concerning the activities of the person under this chapter shall be—

(i)

transferred to the Secretary; and

(ii)

made available to the applicable governing State official.

(4)

Unlawful act

(5)

Confidentiality

Except as provided in section 6506(a)(9) of this title

(A)

the identity of all relevant persons (including parties to a contract); and

(B)

proprietary business information.

(b)

Investigations

(1)

In general

The Secretary may take such investigative actions as the Secretary considers to be necessary—

(A)

to verify the accuracy of any information reported or made available under this chapter; and

(B)

to determine whether a person covered by this chapter has committed a violation of any provision of this chapter, including an order or regulation promulgated by the Secretary pursuant to this chapter.

(2)

Specific investigative powers

In carrying out this chapter, the Secretary may—

(A)

administer oaths and affirmations;

(B)

subpoena witnesses;

(C)

compel attendance of witnesses;

(D)

take evidence; and

(E)

require the production of any records required to be maintained under this chapter that are relevant to an investigation.

(3)

Information sharing during active investigation

(c)

Violations of chapter

(1)

Misuse of label

(2)

False statement

(3)

Ineligibility

(A)

In general

(B)

Description of activities

An activity referred to in subparagraph (A) is—

(i)

making a false statement;

(ii)

attempting to have a label indicating that an agricultural product is organically produced affixed to an agricultural product that a person knows, or should have reason to know, to have been produced or handled in a manner that is not in accordance with this chapter; or

(iii)

otherwise violating the purposes of the applicable organic certification program, as determined by the Secretary.

(C)

Waiver

(4)

Reporting of violations

(5)

Violations by certifying agent

A certifying agent that is a private person that violates the provisions of this chapter or falsely or negligently certifies any farming or handling operation that does not meet the terms and conditions of the applicable organic certification program as an organic operation, as determined by the Secretary or the applicable governing State official shall, after notice and an opportunity to be heard—

(A)

lose accreditation as a certifying agent under this chapter; and

(B)

be ineligible to be accredited as a certifying agent under this chapter for a period of not less than 3 years, beginning on the date of the determination.

(6)

Effect on other law

Nothing in this chapter alters—

(A)

the authority of the Secretary concerning meat, poultry and egg products under—

(i)

the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);

(ii)

the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); or

(iii)

the Egg Products Inspection Act (21 U.S.C. 1031 et seq.);

(B)

the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or

(C)

the authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).

(Pub. L. 101–624, title XXI, § 2120, Nov. 28, 1990, 104 Stat. 3949; Pub. L. 102–237, title X, § 1001(8), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 113–79, title X, § 10005(c), Feb. 7, 2014, 128 Stat. 944; Pub. L. 115–334, title X, § 10104(g), Dec. 20, 2018, 132 Stat. 4901.)

cite as: 7 USC 6519