Sec. 10005. Investigations and enforcement of the Organic Foods Production Act of 1990
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1990 The Organic Foods Production Act of 1990 is amended by inserting after section 2122 ( 7 U.S.C. 6521 ) the following new section: The Secretary shall establish an expedited administrative hearing procedure under which the Secretary may suspend or revoke the organic certification of a producer or handler or the accreditation of a certifying agent in accordance with subsection (d). Such a hearing may be conducted in addition to a hearing conducted pursuant to section 2120. The Secretary may take such investigative actions as the Secretary considers to be necessary to carry out this title— to verify the accuracy of any information reported or made available under this title; and to determine, with regard to actions, practices, or information required under this title, whether a person covered by this title has committed a violation of this title.
The Secretary may administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, take evidence, and require the production of any records required to be maintained under section 2112(d) or 2116(c) that are relevant to the investigation. It shall be unlawful and a violation of this title for any person covered by this title— to refuse to provide information required by the Secretary under this title; or to violate— a suspension or revocation of the organic certification of a producer or handler; or a suspension or revocation of the accreditation of a certifying agent.
The Secretary may, after notice and opportunity for an expedited administrative hearing, suspend the organic certification of a producer, handler or the accreditation of a certifying agent if— the Secretary, during such expedited administrative hearing, proved that— in the case of a producer or handler, the producer or handler— has recklessly committed a violation of a term, condition, or requirement of the organic plan to which the producer or handler is subject; or has recklessly committed, or is recklessly committing, a violation of this title; or in the case of a certifying agent, the agent has recklessly committed, or is recklessly committing, a violation of this title; or the producer, handler, or certifying agent has waived such expedited administrative hearing.
A suspension issued under this paragraph shall be issued not later than five days after the date on which— the expedited administrative hearing referred to in clause
(i)of subparagraph
(A)concludes; or the Secretary receives notice of the waiver referred to in clause
(ii)of such subparagraph. The period of a suspension issued under this paragraph shall be not more than 90 days, beginning on the date on which the Secretary issues the suspension. The Secretary may not issue a suspension of a certification or accreditation under this paragraph if the producer, handler, or certifying agent subject to such suspension— before the date on which the suspension would otherwise have been issued, cures, or corrects the deficiency giving rise to, the violation for which the certification or accreditation would have been suspended; or within a reasonable timeframe (as determined by the Secretary), enters into a settlement with the Secretary regarding a deficiency referred to in subclause (I). The Secretary shall terminate the suspension of an organic certification or accreditation issued under this paragraph if the producer, handler, or certifying agent subject to such suspension cures the violation for which the certification or accreditation was suspended under this paragraph before the date on which the period of the suspension ends. The Secretary may, after notice and opportunity for an expedited administrative hearing under this section and an expedited administrative appeal under section 2121, revoke the organic certification of a producer or handler, or the accreditation of a certifying agent if— the Secretary, during such hearing, proved that— in the case of a producer or handler, the producer or handler— has knowingly committed an egregious violation of a term, condition, or requirement of the organic plan to which the producer or handler is subject; or has knowingly committed, or is knowingly committing, an egregious violation of this title; or in the case of a certifying agent, the agent has knowingly committed, or is knowingly committing, an egregious violation of this title; or the producer, handler, or certifying agent has waived such expedited administrative hearing and such an expedited administrative appeal. If the Secretary finds, during an investigation or during the period of a suspension under paragraph (1), that a producer, handler, or certifying agent has knowingly committed an egregious violation of this title, the Secretary shall initiate revocation proceedings with respect to such violation not later than 30 days after the date on which the producer, handler, or certifying agent receives notice of such finding in accordance with clause (ii). The Secretary may not initiate revocation proceedings with respect to such violation after the date on which that 30-day period ends. Not later than five days after the date on which the Secretary makes the finding described in clause (i), the Secretary shall provide to the producer, handler, or certifying agent notice of such finding. The suspension of a certification or accreditation under subsection (d)(1) by the Secretary may be appealed to a United States district court in accordance with section 2121(b) not later than 30 business days after the date on which the person subject to such suspension receives notice of the suspension. A suspension of a certification or accreditation under subsection (d)(1) by the Secretary shall be final and conclusive— in the case of a suspension that is appealed under subparagraph
(A)within the 30-day period specified in such subparagraph, on the date on which judicial review of such suspension is complete; or in the case of a suspension that is not so appealed, the date on which such 30-day period ends. The revocation of a certification or an accreditation under subsection (d)(2) by the Secretary may be appealed to a United States district court in accordance with section 2121(b) not later than 30 business days after the date on which the person subject to such revocation receives notice of the revocation. A revocation of a certification or an accreditation under subsection (d)(2) by the Secretary shall be final and conclusive— in the case of a revocation that is appealed under subparagraph
(A)within the 30-day period specified in such subparagraph, on the date on which judicial review of such revocation is complete; or in the case of a revocation that is not so appealed, the date on which such 30-day period ends. A suspension or revocation of a certification or an accreditation under subsection
(d)shall be reviewed in accordance with the standards of review specified in section 706(2) of title 5, United States Code. If a person covered by this title fails to obey a revocation of a certification or an accreditation under subsection (d)(2) after such revocation has become final and conclusive or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of such revocation. If the court determines that the revocation was lawfully made and duly served and that the person violated the revocation, the court shall enforce the revocation. If the court finds that the person violated the revocation of a certification or an accreditation under subsection (d)(2), the person shall be subject to one or more of the penalties provided in subsections
(a)and
(b)of section 2120. In this section, the term violation of this title means a violation specified in section 2120. .
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Sec. 10005
Investigations and enforcement of the Organic Foods Production Act of 1990
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