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 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2400 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2400
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 17, 2013
Mrs. Capps (for herself, Mr. Hanna, Mr. DeFazio, and Mr. Farr)
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
provided in section 2107(a)(9) and 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) Violators and nature of actions.--The Secretary may
release the name of the 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, including an order or regulation promulgated by
the Secretary.
``(2) Investigative powers.--The Secretary may administer
oaths and affirmations, subpoena witnesses, compel attendance
of witnesses, take evidence, and require the production of any
records required to be maintained under subsection (a) or
section 2112(d) or 2116(c) 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 under this title
(including an order or regulation promulgated under this title)
if in fact the product has been produced or handled by an
operation that is not yet a certified organic producer or
handler under this title.
``(e) Enforcement.--
``(1) Order.--
``(A) In general.--The Secretary may issue an order
to stop the sale of an agricultural product that is
labeled or otherwise represented as being organically
produced in cases of suspected fraudulent or otherwise
unlawful acts as described in subsection (d) that are
willful, noncorrectable, or the subject of a combined
noncompliance and adverse action 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.
``(B) Affirmative defense to stop sale order.--
``(i) In general.--If a producer or handler
has a valid organic certification from the
Department of Agriculture, the burden shall
shift to the Secretary to prove fraud or
unlawful activity that is willful,
noncorrectable, or the subject of a combined
noncompliance and adverse action before a stop
sale order under subparagraph (A) may be
implemented.
``(ii) Information.--
``(I) In general.--The producer or
handler shall comply with any requests
of the Secretary for documents and
other information not later than 30
days after a request is made.
``(II) Noncompliance.--If the
producer or handler fails to comply
within the period described in
subclause (I), the Secretary may issue
a stop sale order.
``(C) Appeal of stop sale order.--
``(i) In general.--If the Secretary proves
fraud or unlawful activity that is willful,
noncorrectable, or the subject of a combined
noncompliance and adverse action, the
determination may be appealed through an
expedited administrative appeal process.
``(ii) Deadline.--The expedited appeal
process shall be completed not later than 30
days after the date of the issuance of the stop
sale order.
``(iii) Stay.--Any stop sale order shall be
stayed pending the 30 day-expedited appeal
under this subparagraph.
``(2) Certification or accreditation.--After notice and
opportunity for an administrative appeal under section 2121, if
a violation described in subparagraph (A)(ii) is determined to
have occurred and is an unlawful act under subsection (d), the
Secretary shall revoke the organic certification of the
producer or handler, or the accreditation of the 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
under 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, 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 determination under
subparagraph (A).
``(2) Standard.--An order under subsection (e)(1)(A), or a
revocation of certification or accreditation under subsection
(e)(2), shall be set aside if the order, or the revocation of
certification or accreditation, fails to comply with section
706 of title 5, United States Code.
``(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.
Referred to the Subcommittee on Horticulture, Research, Biotechnology, and Foreign Agriculture.
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