Amends the Organic Foods Production Act of 1990 to require all persons, including producers, handlers, and certifying agents, required to report information to the Secretary of Agriculture (USDA) under such Act to maintain all contracts, agreements, receipts, and other records associated with the organic certification program for 5 years (10 years for a certifying agent).
Authorizes investigative and enforcement actions for violations of such Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5962 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5962
To amend the Organic Foods Production Act of 1990 to require
recordkeeping and authorize investigations and enforcement actions for
violations of such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2012
Mrs. Capps (for herself, Mr. Hanna, Mr. Farr, and Mr. DeFazio)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To amend the Organic Foods Production Act of 1990 to require
recordkeeping and authorize investigations and enforcement actions for
violations of such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organic Standards Protection Act''.
SEC. 2. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.
The Organic Foods Production Act of 1990 is amended by inserting
after section 2120 (7 U.S.C. 6519) the following:
``SEC. 2120A. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.
``(a) Recordkeeping.--
``(1) In general.--Except as otherwise provided in this
title, all persons, including producers, handlers, and
certifying agents, required to report information to the
Secretary under this title shall maintain, and make available
to the Secretary on the request of the Secretary, all
contracts, agreements, receipts, and other records associated
with the organic certification program established by the
Secretary under this title.
``(2) Duration of recordkeeping requirement.--A record
covered by paragraph (1) shall be maintained--
``(A) by a person covered by this title, except for
a certifying agent, for a period of 5 years beginning
on the date of the creation of the record; and
``(B) by a certifying agent, for a period of 10
years beginning on the date of the creation of the
record.
``(b) Confidentiality.--
``(1) In general.--Subject to paragraph (2), and except 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 information,
statistics, or documents obtained from or made available by any
person under this title, other than in a manner that ensures
that confidentiality is preserved regarding the identity of
persons, including parties to a contract, and proprietary
business information.
``(2) Alleged violators and nature of actions.--The
Secretary may release the name of the alleged violator and the
nature of the actions triggering an order or revocation under
subsection (e).
``(c) Investigation.--
``(1) In general.--The Secretary may take such
investigative actions as the Secretary considers to be
necessary to carry out this title--
``(A) to verify the accuracy of any information
reported or made available under this title; and
``(B) to determine, with regard to actions,
practices, or information required under this title,
whether a person covered by this title has committed,
or will commit, a violation of any provision of this
title.
``(2) Investigative powers.--The Secretary may administer
oaths and affirmations, subpoena witnesses, compel attendance
of witnesses, take evidence, and require the production of any
books, papers, and documents that are relevant to the
investigation.
``(d) Unlawful Act.--It shall be unlawful and a violation of this
title for any person covered by this title--
``(1) to fail or refuse to provide, or delay the timely
provision of, accurate information required by the Secretary
under this section;
``(2) to violate--
``(A) an order of the Secretary;
``(B) a revocation of the organic certification of
a producer or handler; or
``(C) a revocation of the accreditation of a
certifying agent; or
``(3) to sell, or attempt to sell, a product that is
represented as being organically produced in accordance with
this title if in fact the product has not been produced or
handled in accordance with this title.
``(e) Enforcement.--
``(1) Order.--The Secretary may issue an order to stop the
sale of an agricultural product that is labeled or otherwise
represented as being organically produced--
``(A) only upon the reasonable belief by the
Secretary, supported by substantial evidence, that such
agricultural product does not meet the national and
State standards for organic production and handling
provided in sections 2105 through 2114 and section
2118, until the product can be verified--
``(i) as meeting the national and State
standards for organic production and handling
as provided in sections 2105 through 2114;
``(ii) as having been produced or handled
without the use of a prohibited substance
listed under section 2118; and
``(iii) as being produced and handled by a
certified organic operation; and
``(B) if a person has committed an unlawful act
with respect to the product under subsection (d).
``(2) Revocation of certification or accreditation.--After
notice and opportunity for an administrative appeal under
section 2121, if the Secretary determines a producer, a
handler, or a certifying agent committed a violation of this
title that is an unlawful act under subsection (d), the
Secretary may revoke the organic certification of such producer
or such handler, or the accreditation of such certifying agent.
``(3) Violation of order or revocation.--A person who
violates an order to stop the sale of a product as an
organically produced product under paragraph (1), or a
revocation of certification or accreditation under paragraph
(2), shall be subject to 1 or more of the penalties provided in
subsections (a) and (b) of section 2120.
``(f) Appeal.--
``(1) In general.--An order under subsection (e)(1), or a
revocation of certification or accreditation under subsection
(e)(2)(B), shall be final and conclusive unless the affected
person files an appeal of the order--
``(A) first, to the administrative appeals process
established under section 2121(a); and
``(B) after a final decision of the Secretary under
the process referred to in subparagraph (A), if the
affected person so elects, to a United States district
court as provided in section 2121(b) not later than 30
days after the date of the final decision.
``(2) Standard.--An order under subsection (e)(1), or a
revocation of certification or accreditation under subsection
(e)(2)(B), shall be set aside only if the order, or the
revocation of certification or accreditation, is not supported
by substantial evidence.
``(g) Noncompliance.--
``(1) In general.--If a person covered by this title fails
to obey an order, or a revocation of certification or
accreditation, described in subsection (f)(2) after the order
or revocation has become final and conclusive or after the
appropriate United States district court has entered a final
judgment in favor of the Secretary, the United States may apply
to the appropriate United States district court for enforcement
of the order, or the revocation of certification or
accreditation.
``(2) Enforcement.--If the court determines that the order
or revocation was lawfully made and duly served and that the
person violated the order or revocation, the court shall
enforce the order or revocation.
``(3) Civil penalty.--If the court finds that the person
violated the order or revocation, the person shall be subject
to a civil penalty of not more than $10,000 for each
offense.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
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