Sec. 10005. INVESTIGATIONS AND ENFORCEMENT OF THE ORGANIC FOODS PRODUCTION ACT OF 1990

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## SEC. 10005 INVESTIGATIONS AND ENFORCEMENT OF THE ORGANIC FOODS PRODUCTION ACT OF 1990 ###

(a)Recordkeeping by Certified Operations Section 2112 of the Organic Foods Production Act of 1990 (7 U.S.C. 6511) is amended by striking subsection (d). ###

(b)Recordkeeping by Certifying Agents ####

(1)In general Section 2116 of the Organic Foods Production Act of 1990 (7 U.S.C. 6515) is amended— #####

(A)by striking subsection (c); #####

(B)by redesignating subsections

(d)through

(j)as subsections

(c)through (i), respectively; and #####

(C)in subsection

(d)(as so redesignated), in the matter preceding paragraph (1), by striking “subsection (d)” and inserting “subsection (c)”. ####

(2)Conforming amendment Section 2107(a)(8) of the Organic Foods Production Act of 1990 (7 U.S.C. 6506(a)(8)) is amended by striking “section 2116(h)” and inserting “section 2116(g)”. ###

(c)Recordkeeping, Investigations, and Enforcement Section 2120 of the Organic Foods Production Act of 1990 (7 U.S.C. 6519) is amended to read as follows: > > ## “SEC. 2120 RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT > > > ### “(a) Recordkeeping > > > #### “(1) In general > > Except as otherwise provided in this title, each person who sells, labels, or represents any agricultural product as having been produced or handled using organic methods shall make available to the Secretary or the applicable governing State official, on request by the Secretary or official, all records associated with the agricultural product. > > > #### “(2) Certified operations > > Each producer that operates a certified organic farm or certified organic handling operation under this title 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 title, 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 > > A certifying agent shall maintain all records concerning the activities of the certifying agent under this title for a period of not less than 10 years. > > > ##### “(B) Access for secretary > > A certifying agent shall provide to the Secretary and the applicable governing State official (or a representative) access to all records concerning the activities of the certifying agent under this title. > > > ##### “(C) Transference of records > > If a private person that was certified under this title is dissolved or loses accreditation, all records and copies of records concerning the activities of the person under this title shall be— > > > ###### “(i) > > transferred to the Secretary; and > > > ###### “(ii) > > made available to the applicable governing State official. > > > #### “(4) Unlawful act > > It shall be unlawful and a violation of this title for any person covered by this title to fail or refuse to provide accurate information (including a delay in the timely delivery of such information) required by the Secretary under this title. > > > #### “(5) Confidentiality > > Except as provided in section 2107(a)(9), or as otherwise directed by the Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall make available to the public any information, statistic, or document obtained from, or made available by, any person under this title, other than in a manner that ensures that confidentiality is preserved regarding— > > > ##### “(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 title; and > > > ##### “(B) > > to determine whether a person covered by this title has committed a violation of any provision of this title, including an order or regulation promulgated by the Secretary pursuant to this title. > > > #### “(2) Specific investigative powers > > In carrying out this title, 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 title that are relevant to an investigation. > > > ### “(c) Violations of Title > > > #### “(1) Misuse of label > > Any person who knowingly sells or labels a product as organic, except in accordance with this title, shall be subject to a civil penalty of not more than $10,000. > > > #### “(2) False statement > > Any person who makes a false statement under this title to the Secretary, a governing State official, or a certifying agent shall be punished in accordance with section 1001 of title 18, United States Code. > > > #### “(3) Ineligibility > > > ##### “(A) In general > > Except as provided in subparagraph (C), any person that carries out an activity described in subparagraph (B), after notice and an opportunity to be heard, shall not be eligible, for the 5-year period beginning on the date of the occurrence, to receive a certification under this title with respect to any farm or handling operation in which the person has an interest. > > > ##### “(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 title; or > > > ###### “(iii) > > otherwise violating the purposes of the applicable organic certification program, as determined by the Secretary. > > > ##### “(C) Waiver > > Notwithstanding subparagraph (A), the Secretary may modify or waive a period of ineligibility under this paragraph if the Secretary determines that the modification or waiver is in the best interests of the applicable organic certification program established under this title. > > > #### “(4) Reporting of violations > > A certifying agent shall immediately report any violation of this title to the Secretary or the applicable governing State official. > > > #### “(5) Violations by certifying agent > > A certifying agent that is a private person that violates the provisions of this title 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 title; and > > > ##### “(B) > > be ineligible to be accredited as a certifying agent under this title for a period of not less than 3 years, beginning on the date of the determination. > > > #### “(6) Effect on other law > > Nothing in this title 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.).” > .

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