Sec. 10104. ORGANIC CERTIFICATION

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## SEC. 10104 ORGANIC CERTIFICATION **[**[7 U.S.C. 6503 note](/us/usc/t7/s6503)**]** ###

(a)Exclusions From Certification Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations to limit the type of organic operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations, and from certification under any other related sections under part 205 of title 7, Code of Federal Regulations. ###

(b)Definitions Section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502) is amended— ####

(1)in paragraph (3)— #####

(A)by striking “ The term ” and inserting the following: > > ##### “(A) In general > > The term” > ; and #####

(B)by adding at the end the following: > > ##### “(B) Foreign operations > > When used in the context of a certifying agent operating in a foreign country, the term ‘certifying agent’ includes any person (including a private entity)— > > > ###### “(i) > > accredited in accordance with section 2115(d); or > > > ###### “(ii) > > accredited by a foreign government that acted under an equivalency agreement negotiated between the United States and the foreign government from which the agricultural product is imported.” > ; ####

(2)by redesignating paragraphs

(13)through

(21)as paragraphs

(14)through (22), respectively; and ####

(3)by inserting after paragraph

(12)the following: > > #### “(13) National organic program import certificate > > The term ‘national organic program import certificate’ means a form developed for purposes of the program under this title— > > > ##### “(A) > > to provide documentation sufficient to verify that an agricultural product imported for sale in the United States satisfies the requirement under section 2115(c); > > > ##### “(B) > > which shall include, at a minimum, information sufficient to indicate, with respect to the agricultural product— > > > ###### “(i) > > the origin; > > > ###### “(ii) > > the destination; > > > ###### “(iii) > > the certifying agent issuing the national organic program import certificate; > > > ###### “(iv) > > the harmonized tariff code, if a harmonized tariff code exists for the agricultural product; > > > ###### “(v) > > the total weight; and > > > ###### “(vi) > > the organic standard to which the agricultural product is certified; and > > > ##### “(C) > > that is not more than otherwise required under an equivalency agreement negotiated between the United States and the foreign government.” > . ###

(c)Accreditation Program Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended by striking subsection

(c)and inserting the following: > > ### “(c) Additional Documentation and Verification > > The Secretary, acting through the Deputy Administrator of the national organic program established under this title, has the authority, and shall grant a certifying agent the authority, to require producers and handlers to provide additional documentation or verification before granting a certification under section 2104, in the case of a compliance risk with respect to meeting the national standards for organic production established under section 2105, as determined by the Secretary or the certifying agent. > > > ### “(d) Accreditation of Foreign Organic Certification Program > > > #### “(1) In general > > For an agricultural product being imported into the United States to be represented as organically produced, the Secretary shall require the agricultural product to be accompanied by a complete and valid national organic import certificate, which shall be available as an electronic record. > > > #### “(2) Tracking system > > > ##### “(A) In general > > The Secretary shall establish a system to track national organic import certificates. > > > ##### “(B) Integration > > In establishing the system under subparagraph (A), the Secretary may integrate the system into any existing information tracking systems for imports of agricultural products. > > > ### “(e) Duration of Accreditation > > An accreditation made under this section— > > > #### “(1) > > subject to paragraph (2), shall be for a period of not more than 5 years, as determined appropriate by the Secretary; > > > #### “(2) > > in the case of a certifying agent operating in a foreign country, shall be for a period of time that is consistent with the certification of a domestic certifying agent, as determined appropriate by the Secretary; and > > > #### “(3) > > may be renewed.” > . ###

(d)Requirements of Certifying Agents Section 2116 of the Organic Foods Production Act of 1990 (7 U.S.C. 6515) is amended— ####

(1)in subsection (i)— #####

(A)in paragraph (1), by inserting “or an entity acting as an agent of the certifying agent” after “a certifying agent”; #####

(B)by redesignating paragraph

(2)as paragraph (3); and #####

(C)by inserting after paragraph

(1)the following: > > #### “(2) Oversight of certifying offices and foreign operations > > > ##### “(A) In general > > If the Secretary determines that an office of a certifying agent or entity described in paragraph

(1)is not complying with the provisions of this title, the Secretary may suspend the operations of the certifying agent or the noncompliant office, including— > > > ###### “(i) > > an office operating in a foreign country; and > > > ###### “(ii) > > an office operating in the United States, including an office acting on behalf of a foreign-domiciled entity. > > > ##### “(B) Process for resuming operations following suspension > > The Secretary shall provide for a process that is otherwise consistent with this section that authorizes a suspended office to resume operations.” > ; and ####

(2)by adding at the end the following: > > ### “(j) Notice > > Not later than 90 days after the date on which a new certifying office performing certification activities opens, an accredited certifying agent shall notify the Secretary of the opening.” > . ###

(e)Certain Employees Eligible to Serve as National Organic Standards Board Members Section 2119(b) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(b)) is amended— ####

(1)in paragraph (1), by inserting “, or employees of such individuals” after “operation”; ####

(2)in paragraph (2), by inserting “, or employees of such individuals” after “operation”; and ####

(3)in paragraph (3), by inserting “, or an employee of such individual” after “products”. ###

(f)National Organic Standards Board Section 2119(i) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is amended— ####

(1)by striking “ Two-thirds ” and inserting the following: > > #### “(1) In general > > ⅔” > ; and ####

(2)by adding at the end the following: > > #### “(2) National list > > Any vote on a motion proposing to amend the national list shall be considered to be a decisive vote that requires ⅔ of the votes cast at a meeting of the Board at which a quorum is present to prevail.” > . ###

(g)Investigations Section 2120(b) of the Organic Foods Production Act (7 U.S.C. 6519(b)) is amended by adding at the end the following: > > #### “(3) Information sharing during active investigation > > In carrying out this title, all parties to an active investigation (including certifying agents, State organic certification programs, and the national organic program) shall share confidential business information with Federal Government officers and employees involved in the investigation as necessary to fully investigate and enforce potential violations of this title.” > . ###

(h)Data Organization and Access Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the following: > > ### “(c) Access to Data Documentation Systems > > The Secretary shall have access to available data from cross-border documentation systems administered by other Federal agencies, including the Automated Commercial Environment system of U.S. Customs and Border Protection. > > > ### “(d) Reports > > > #### “(1) In general > > Not later than March 1, 2020, and annually thereafter through March 1, 2023, the Secretary shall submit to Congress, and make publicly available on the website of the Department of Agriculture, a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this title during the preceding year. > > > #### “(2) Requirements > > The data described in paragraph

(1)shall be broken down by agricultural product, quantity, value, and month. > > > #### “(3) Exception > > Any data determined by the Secretary to be confidential business information shall not be provided in the report under paragraph (1).” > . ###

(i)Organic Agricultural Product Imports Interagency Working Group The Organic Foods Production Act of 1990 is amended by inserting after section 2122 (7 U.S.C. 6521) the following: > > ## “SEC. SEC. 2122A ORGANIC AGRICULTURAL PRODUCT IMPORTS INTERAGENCY WORKING GROUP > > **[**[7 U.S.C. 6521a](/us/usc/t7/s6521a)**]** > > > ### “(a) Establishment > > > #### “(1) In general > > The Secretary and the Secretary of Homeland Security shall jointly establish a working group to facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection relating to imports of organically produced agricultural products (referred to in this section as the ‘working group’). > > > #### “(2) Members > > The working group— > > > ##### “(A) > > shall include— > > > ###### “(i) > > the Secretary (or a designee); and > > > ###### “(ii) > > the Secretary of Homeland Security (or a designee); and > > > ##### “(B) > > shall not include any non-Federal officer or employee. > > > #### “(3) Duties > > The working group shall facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection for the purposes of— > > > ##### “(A) > > identifying imports of organically produced agricultural products; > > > ##### “(B) > > verifying the authenticity of organically produced agricultural product import documentation, such as national organic program import certificates; > > > ##### “(C) > > ensuring imported agricultural products represented as organically produced meet the requirements under this title; > > > ##### “(D) > > collecting and organizing quantitative data on imports of organically produced agricultural products; and > > > ##### “(E) > > requesting feedback from stakeholders on how to improve the oversight of imports of organically produced agricultural products. > > > #### “(4) Designated employees and officials > > An employee or official designated to carry out the duties of the Secretary or the Secretary of Homeland Security on the working group under subparagraph

(A)or

(B)of paragraph

(2)shall be an employee or official compensated at a rate of pay not less than the minimum annual rate of basic pay for GS-12 under section 5332 of title 5, United States Code. > > > ### “(b) Reports > > On an annual basis, the working group shall submit to Congress and make publicly available on the websites of the Department of Agriculture and U.S. Customs and Border Protection the following reports: > > > #### “(1) Organic trade enforcement interagency coordination report > > A report— > > > ##### “(A) > > identifying existing barriers to cooperation between the agencies involved in agricultural product import inspection, trade data collection and organization, and organically produced agricultural product trade enforcement, including— > > > ###### “(i) > > U.S. Customs and Border Protection; > > > ###### “(ii) > > the Agricultural Marketing Service; and > > > ###### “(iii) > > the Animal and Plant Health Inspection Service; > > > ##### “(B) > > assessing progress toward integrating organic trade enforcement into import inspection procedures of U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service, including an assessment of— > > > ###### “(i) > > the status of the development of systems for— > > > ###### “(I) > > tracking the fumigation of imports of organically produced agricultural products into the United States; and > > > ###### “(II) > > electronically verifying national organic program import certificate authenticity; and > > > ###### “(ii) > > training of U.S. Customs and Border Protection personnel on— > > > ###### “(I) > > the use of the systems described in clause (i); and > > > ###### “(II) > > requirements and protocols under this title; > > > ##### “(C) > > establishing methodology for ensuring imports of agricultural products represented as organically produced meet the requirements under this title; > > > ##### “(D) > > recommending steps to improve the documentation and traceability of imported organically produced agricultural products; > > > ##### “(E) > > recommending and describing steps for— > > > ###### “(i) > > improving compliance with the requirements of this title for all agricultural products imported into the United States and represented as organically produced; and > > > ###### “(ii) > > ensuring accurate labeling and marketing of imported agricultural products represented as organically produced by the exporter; and > > > ##### “(F) > > describing staffing needs and additional resources at U.S. Customs and Border Protection and the Department of Agriculture needed to ensure compliance. > > > #### “(2) Report on enforcement actions taken on organic imports > > A report— > > > ##### “(A) > > providing detailed quantitative data (broken down by agricultural product, quantity, value, month, and origin) on imports of agricultural products represented as organically produced found to be fraudulent or lacking any documentation required under this title at the port of entry during the report year; > > > ##### “(B) > > providing data on domestic enforcement actions taken on imported agricultural products represented as organically produced, including the number and type of actions taken by United States officials at ports of entry in response to violations of this title; > > > ##### “(C) > > providing data on fumigation of agricultural products represented as organically produced at ports of entry and notifications of fumigation actions to shipment owners, broken down by product variety and country of origin; and > > > ##### “(D) > > providing information on enforcement activities under this title involving overseas investigations and compliance actions taken within that year, including— > > > ###### “(i) > > the number of investigations by country; and > > > ###### “(ii) > > a descriptive summary of compliance actions taken by certifying agents in each country.” > . ###

(j)Authorization of Appropriations for National Organic Program Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended— ####

(1)by striking the section heading and inserting “funding”; ####

(2)in subsection (b), by striking paragraphs

(1)through

(7)and inserting the following: > > #### “(1) > > $15,000,000 for fiscal year 2018; > > > #### “(2) > > $16,500,000 for fiscal year 2019; > > > #### “(3) > > $18,000,000 for fiscal year 2020; > > > #### “(4) > > $20,000,000 for fiscal year 2021; > > > #### “(5) > > $22,000,000 for fiscal year 2022; and > > > #### “(6) > > $24,000,000 for fiscal year 2023.” > ; and ####

(3)by striking subsection

(c)and inserting the following: > > ### “(c) Modernization and Improvement of International Trade Technology Systems and Data Collection > > > #### “(1) In general > > The Secretary shall establish a new system or modify an existing data collection and organization system to collect and organize in a single system quantitative data on imports of each organically produced agricultural product accepted into the United States. > > > #### “(2) Activities > > In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to ensure full traceability to the port of entry without unduly hindering trade or commerce, such as through an electronic trade document exchange system. > > > #### “(3) Access > > The single system established under paragraph

(1)shall be accessible by any agency with the direct authority to engage in— > > > ##### “(A) > > inspection of imports of agricultural products; > > > ##### “(B) > > trade data collection and organization; or > > > ##### “(C) > > enforcement of trade requirements for organically produced agricultural products. > > > #### “(4) Funding > > Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for fiscal year 2019 for the purposes of— > > > ##### “(A) > > carrying out this subsection; and > > > ##### “(B) > > maintaining the database and technology upgrades previously carried out under this subsection, as in effect on the day before the date of enactment of the Agriculture Improvement Act of 2018. > > > #### “(5) Availability > > The amounts made available under paragraph

(4)are in addition to any other funds made available for the purposes described in that paragraph and shall remain available until expended.” > . ###

(k)Trade Savings Provision **[**[7 U.S.C. 6521a note](/us/usc/t7/s6521a)**]** The amendments made by subsection

(i)shall be carried out in a manner consistent with United States obligations under international agreements.

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