Organic Farmer and Consumer Protection Act of 2017

Organic Farmer and Consumer Protection Act of 2017

This bill amends the Organic Foods Production Act of 1990 to reauthorize through FY2023 and modify the Department of Agriculture (USDA) National Organic Program (NOP).

USDA must modernize the international trade tracking and data collection systems of the NOP, which must include ensuring that trade and transaction certificates are fully traceable without unduly hindering trade. The bill authorizes mandatory funding to be used for this purpose and for maintaining previous database and technology upgrades.

The bill modifies requirements for recordkeeping, investigations, and enforcement with respect to the organic certification process to:

• allow parties to an active investigation to share confidential business information with government officers or employees and certifying agents involved in the investigation,
• require federal agencies that administer cross-border documentation systems to provide USDA with access to the data from the systems,
• allow the NOP to grant an accredited certifying agent the authority to require additional documentation or verification before granting certification, and
• require USDA to issue regulations limiting the type of operations that are excluded from certification.

With respect to the accreditation process for certifying agents, the bill: (1) authorizes USDA to oversee and approve certifying agents operating in a foreign country, and (2) requires certifying agents that intend to operate in a foreign country to be annually authorized.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3871 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3871

 To amend the Organic Foods Production Act of 1990 to reauthorize and 
     improve the national organic program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2017

 Mr. Faso (for himself, Ms. Michelle Lujan Grisham of New Mexico, Mr. 
 Grothman, Mr. Rodney Davis of Illinois, Ms. Blunt Rochester, and Mr. 
    Soto) introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To amend the Organic Foods Production Act of 1990 to reauthorize and 
     improve the national organic program, 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 Farmer and Consumer 
Protection Act of 2017''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ORGANIC PROGRAM.

    Subsection (b) of section 2123 of the Organic Foods Production Act 
of 1990 (7 U.S.C. 6522) is amended to read as follows:
    ``(b) National Organic Program.--Notwithstanding any other 
provision of law, in order to carry out activities under the national 
organic program established under this title, there are authorized to 
be appropriated--
            ``(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.''.

SEC. 3. MODERNIZATION AND IMPROVEMENT OF INTERNATIONAL TRADE TECHNOLOGY 
              SYSTEMS AND DATA COLLECTION.

    Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 
6522) is amended by adding at the end the following new subsection:
    ``(d) Modernization and Improvement of International Trade 
Technology Systems and Data Collection.--
            ``(1) In general.--The Secretary shall modernize 
        international trade tracking and data collection systems of the 
        national organic program.
            ``(2) Activities.--In carrying out paragraph (1), the 
        Secretary shall modernize trade and transaction certificates to 
        ensure full traceability without unduly hindering trade, such 
        as through an electronic trade document exchange system.
            ``(3) 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 pursuant to subsection 
                (c).
            ``(4) Availability.--The amount made available under 
        paragraph (3) is in addition to any other funds made available 
        for the purposes specified in such paragraph and shall remain 
        available until expended.''.

SEC. 4. RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT.

    (a) In General.--Section 2120 of the Organic Foods Production Act 
of 1990 (7 U.S.C. 6519) is amended by adding at the end the following:
    ``(d) Collaborative Investigations and Enforcement.--
            ``(1) 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) may share 
        confidential business information with Federal and State 
        government officers and employees and certifying agents 
        involved in the investigation as necessary to fully investigate 
        and enforce potential violations of this title and regulations 
        issued under this title.
            ``(2) Access to data documentation systems.--The Secretary 
        shall have access to available data from cross-border 
        documentation systems administered by other Federal agencies, 
        including--
                    ``(A) the Automated Commercial Environment system 
                of the U.S. Customs and Border Patrol; and
                    ``(B) the Phytosanitary Certificate Issuance and 
                Tracking system of the Animal and Plant Health 
                Inspection Service.
            ``(3) Additional documentation and verification.--The 
        Secretary, acting through the national organic program, has the 
        authority, and shall grant an accredited certifying agent the 
        authority, to require increased additional documentation or 
        verification before granting certification, in the case of a 
        known area of risk or when there is a specific area of concern, 
        as determined by the Secretary or the certifying agent.''.
    (b) Modification of Regulations on Exclusions From Certification.--
Not later than 1 year after the date of the enactment of this Act, the 
Secretary of Agriculture shall issue regulations to limit the type of 
operations that are excluded from certification under section 205.101 
of title 7, Code of Federal Regulations, and any other corresponding 
sections.

SEC. 5. ADDITIONAL ACCREDITATION AUTHORITY.

    Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 
6514) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Satellite Offices and Overseas Operations.--As part of the 
accreditation of certifying agents under this section, the Secretary--
            ``(1) has oversight and approval authority over any 
        certifying agent operating in a foreign country; and
            ``(2) shall require an annual authorization for each 
        certifying agent that intends to operate in any foreign 
        country.''.

SEC. 6. ANNUAL REPORT.

    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) Annual Report.--Not later than March 1, 2019, and annually 
thereafter, the Secretary shall submit to Congress 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.''.
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