7 U.S.C. § 6511
The Secretary, the applicable governing State official, and the certifying agent shall utilize a system of residue testing to test products sold or labeled as organically produced under this chapter to assist in the enforcement of this chapter.
The Secretary, the applicable governing State official, or the certifying agent may require preharvest tissue testing of any crop grown on soil suspected of harboring contaminants.
If the Secretary, the applicable governing State official, or the certifying agent determines that an agricultural product sold or labeled as organically produced under this chapter contains any detectable pesticide or other non-organic residue or prohibited natural substance the Secretary, the applicable governing State official, or the certifying agent shall conduct an investigation to determine if the organic certification program has been violated, and may require the producer or handler of such product to prove that any prohibited substance was not applied to such product.
If, as determined by the Secretary, the applicable governing State official, or the certifying agent, the investigation conducted under paragraph (1) indicates that the residue is-
such agricultural product shall not be sold or labeled as organically produced under this chapter.
7 U.S.C. § 6511
EDITORIAL NOTES
AMENDMENTS2014-Subsec. (d). Pub. L. 113-79 struck out subsec. (d) which related to recordkeeping requirements for producers who operate a certified organic farm or handling operation. 1991-Subsec. (b). Pub. L. 102-237 substituted "Preharvest" for "Pre-harvest" in heading.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- agricultural product
- The term "agricultural product" means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed in the United States for human or livestock consumption.
- certified organic farm
- The term "certified organic farm" means a farm, or portion of a farm, or site where agricultural products or livestock are produced, that is certified by the certifying agent under this chapter as utilizing a system of organic farming as described by this chapter.
- governing State official
- The term "governing State official" means the chief executive official of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, who administers an organic certification program under this chapter.
- organically produced
- The term "organically produced" means an agricultural product that is produced and handled in accordance with this chapter.
- pesticide
- The term "pesticide" means any substance which alone, in chemical combination, or in any formulation with one or more substances, is defined as a pesticide in the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq.).
- producer
- The term "producer" means a person who engages in the business of growing or producing food or feed.