Sec. 10008. Assessment of national organic program enforcement authority
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The Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. ) is amended by inserting after section 2120 the following: Not later than 180 days after the date of enactment of this section, the Secretary shall complete— an assessment of all fraudulent organic certificates issued for a dietary supplement (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )); and an assessment of any fraudulent labels, complaints, and other data considered as part of drafting the assessment under subparagraph (A).
In carrying out paragraph (1), the Secretary shall assess— the number of complaints received by the Secretary, a State organic certification program, or a certifying agent pertaining to— suspected fraudulent use of a label or other market information described in section 2106(a)(2); or suspected fraudulent representations claiming that products meet organic standards established under the national organic program despite those products falling outside of the enforcement authority of the national organic program; staffing and resource needs within the national organic program if the enforcement responsibilities of the national organic program were broadened to include the products identified under paragraph (1); and any potential effects of broadening the enforcement authority of the national organic program on domestic organic farmers, handlers, and consumers.
Not later than 45 days after the date on which the assessment under subsection
(a)is completed, the Secretary shall submit to Congress and make publicly available on the website of the Department of Agriculture a report that— describes in detail the results of the assessment required by subsection (a); and makes recommendations to Congress based on that assessment. There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for the period of fiscal years 2025 through 2029, to remain available until expended. .
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