Sec. 10012. Organic product promotion orders
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Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401 ) is amended by striking subsection
(e)and inserting the following: Notwithstanding any provision of a commodity promotion law, a person that produces, handles, markets, or imports organic products may be exempt from the payment of an assessment under a commodity promotion law with respect to any agricultural commodity that is certified as organic or 100 percent organic (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations)). The exemption described in paragraph
(1)shall apply to an agricultural commodity described in that paragraph regardless of whether the agricultural commodity subject to the exemption is produced, handled, or marketed by a person that also produces, handles, or markets conventional or nonorganic agricultural products, including conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed. The Secretary shall approve the exemption of a person under this subsection if the person maintains a valid organic certificate issued under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. ). This subsection shall be effective until the date on which the Secretary issues an organic commodity promotion order in accordance with subsection (f). The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1). . Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401 ) (as amended by subsection (a)) is amended by adding at the end the following: In this subsection: The term certified organic farm has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 ). The term covered person means a producer, handler, marketer, or importer of an organic agricultural commodity. The term dual-covered agricultural commodity means an agricultural commodity that— is produced on a certified organic farm; and is covered under both— an organic commodity promotion order issued under paragraph (2); and any other agricultural commodity promotion order issued under this section. The Secretary may issue an organic commodity promotion order under section 514 that includes any agricultural commodity that— is— produced or handled (as defined in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 )); and certified to be sold or labeled as organic or 100 percent organic (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations)); or is imported with a valid organic certificate (as defined in that part). If the Secretary issues an organic commodity promotion order described in paragraph (2), a covered person may elect, for applicable dual-covered agricultural commodities and in the sole discretion of the covered person, whether to be assessed under the organic commodity promotion order or another applicable agricultural commodity promotion order. The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1). . Section 513(1) of the Commodity Promotion, Research, and Information Act of 1996 ( 7 U.S.C. 7412(1) ) is amended— by redesignating subparagraphs
(E)and
(F)as subparagraphs
(F)and (G), respectively; and by inserting after subparagraph
(D)the following: products, as a class, that are produced on a certified organic farm (as defined in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 )) and that are certified to be sold or labeled as organic or 100 percent organic (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations)); .
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