2015 US Code
Title 7 - Agriculture (Sections 1 - 9097)
Chapter 94 - Organic Certification (Sections 6501 - 6523)
Sec. 6515 - Requirements of certifying agents
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 7 - AGRICULTURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 7 - AGRICULTURE CHAPTER 94 - ORGANIC CERTIFICATION Sec. 6515 - Requirements of certifying agents |
Contains | section 6515 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 101-624, title XXI, §2116, Nov. 28, 1990, 104 Stat. 3944; Pub. L. 102-237, title X, §1001(5), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 113-79, title X, §10005(b)(1), Feb. 7, 2014, 128 Stat. 944. |
Statutes at Large References | 104 Stat. 3944 105 Stat. 1893 128 Stat. 944 |
Public and Private Laws | Public Law 101-624, Public Law 102-237, Public Law 113-79 |
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To be accredited as a certifying agent under section 6514 of this title, a governing State official or a person shall be able to fully implement the applicable organic certification program established under this chapter.
(b) InspectorsAny certifying agent shall employ a sufficient number of inspectors to implement the applicable organic certification program established under this chapter, as determined by the Secretary.
(c) AgreementAny certifying agent shall enter into an agreement with the Secretary under which such agent shall—
(1) agree to carry out the provisions of this chapter; and
(2) agree to such other terms and conditions as the Secretary determines appropriate.
(d) Private certifying agent agreementAny certifying agent that is a private person shall, in addition to the agreement required in subsection (c)—
(1) agree to hold the Secretary harmless for any failure on the part of the certifying agent to carry out the provisions of this chapter; and
(2) furnish reasonable security, in an amount determined by the Secretary, for the purpose of protecting the rights of participants in the applicable organic certification program established under this chapter.
(e) Compliance with programAny certifying agent shall fully comply with the terms and conditions of the applicable organic certification program implemented under this chapter.
(f) ConfidentialityExcept as provided in section 6506(a)(9) of this title, any certifying agent shall maintain strict confidentiality with respect to its clients under the applicable organic certification program and may not disclose to third parties (with the exception of the Secretary or the applicable governing State official) any business related information concerning such client obtained while implementing this chapter.
(g) Conflict of interestAny certifying agent shall not—
(1) carry out any inspections of any operation in which such certifying agent, or employee of such certifying agent has, or has had, a commercial interest, including the provision of consultancy services;
(2) accept payment, gifts, or favors of any kind from the business inspected other than prescribed fees; or
(3) provide advice concerning organic practices or techniques for a fee, other than fees established under such program.
(h) AdministratorA certifying agent that is a private person shall nominate the individual who controls the day-to-day operation of the agent.
(i) Loss of accreditation(1) NoncomplianceIf the Secretary or the governing State official (if applicable) determines that a certifying agent is not properly adhering to the provisions of this chapter, the Secretary or such governing State official may suspend such certifying agent's accreditation.
(2) Effect on certified operationsIf the accreditation of a certifying agent is suspended under paragraph (1), the Secretary or the governing State official (if applicable) shall promptly determine whether farming or handling operations certified by such certifying agent may retain their organic certification.
(Pub. L. 101–624, title XXI, §2116, Nov. 28, 1990, 104 Stat. 3944; Pub. L. 102–237, title X, §1001(5), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 113–79, title X, §10005(b)(1), Feb. 7, 2014, 128 Stat. 944.)
AMENDMENTS2014—Subsecs. (c) to (i). Pub. L. 113–79 redesignated subsecs. (d) to (j) as (c) to (i), respectively, substituted "subsection (c)" for "subsection (d)" in introductory provisions of subsec. (d), and struck out former subsec. (c) which related to maintenance of, access to, and transference of records of certifying agents.
1991—Subsec. (j)(2). Pub. L. 102–237 substituted "such certifying" for "certifying such".
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