§ 6506. General requirements
(a)
In general
A program established under this chapter shall—
(1)
provide that an agricultural product to be sold or labeled as organically produced must—
(2)
require that producers and handlers desiring to participate under such program establish an organic plan under section
6513 of this title;
(3)
provide for procedures that allow producers and handlers to appeal an adverse administrative determination under this chapter;
(4)
require each certified organic farm or each certified organic handling operation to certify to the Secretary, the governing State official (if applicable), and the certifying agent on an annual basis, that such farm or handler has not produced or handled any agricultural product sold or labeled as organically produced except in accordance with this chapter;
(5)
provide for annual on-site inspection by the certifying agent of each farm and handling operation that has been certified under this chapter;
(6)
require periodic residue testing by certifying agents of agricultural products that have been produced on certified organic farms and handled through certified organic handling operations to determine whether such products contain any pesticide or other nonorganic residue or natural toxicants and to require certifying agents, to the extent that such agents are aware of a violation of applicable laws relating to food safety, to report such violation to the appropriate health agencies;
(7)
provide for appropriate and adequate enforcement procedures, as determined by the Secretary to be necessary and consistent with this chapter;
(9)
provide for public access to certification documents and laboratory analyses that pertain to certification;
(b)
Discretionary requirements
An organic certification program established under this chapter may—
(1)
provide for the certification of an entire farm or handling operation or specific fields of a farm or parts of a handling operation if—
(A)
in the case of a farm or field, the area to be certified has distinct, defined boundaries and buffer zones separating the land being operated through the use of organic methods from land that is not being operated through the use of such methods;
(2)
provide for reasonable exemptions from specific requirements of this chapter (except the provisions of section
6511 of this title) with respect to agricultural products produced on certified organic farms if such farms are subject to a Federal or State emergency pest or disease treatment program.
(c)
Wild seafood
(1)
In general
Notwithstanding the requirement of subsection (a)(1)(A) of this section requiring products be produced only on certified organic farms, the Secretary shall allow, through regulations promulgated after public notice and opportunity for comment, wild seafood to be certified or labeled as organic.
(d)
State program
A State organic certification program approved under this chapter may contain additional guidelines governing the production or handling of products sold or labeled as organically produced in such State as required in section
6507 of this title.
(e)
Availability of fees