7 USC 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
Terms Used In 7 USC 6511
- agricultural product: means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed in the United States for human or livestock consumption. See 7 USC 6502
- certifying agent: includes any person (including a private entity)&mdash. See 7 USC 6502
- governing State official: means the chief executive official of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, who administers an organic certification program under this chapter. See 7 USC 6502
- handler: means any person engaged in the business of handling agricultural products, except such term shall not include final retailers of agricultural products that do not process agricultural products. See 7 USC 6502
- organically produced: means an agricultural product that is produced and handled in accordance with this chapter. See 7 USC 6502
- pesticide: means any substance which alone, in chemical combination, or in any formulation with one or more substances, is defined as a pesticide in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U. See 7 USC 6502
- producer: means a person who engages in the business of growing or producing food or feed. See 7 USC 6502
- Secretary: means the Secretary of Agriculture. See 7 USC 6502
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 determines that an agricultural product sold or labeled as organically produced under this chapter contains any detectable pesticide or other non-organic residue or prohibited natural substance the Secretary, the applicable governing State official, or the certifying agent shall conduct an investigation to determine if the organic certification program has been violated, 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 applicable governing State official, or the certifying 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 contamination as prescribed by the Secretary or the applicable governing State official in consultation with the appropriate environmental regulatory agencies;
such agricultural product shall not be sold or labeled as organically produced under this chapter.