[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1398 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 1398

To require the Secretary of Agriculture to submit to Congress a report 
on residue testing for all imported organic feedstuffs shipped in bulk, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2025

Mr. Ricketts (for himself, Ms. Smith, and Mr. Scott of South Carolina) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Agriculture to submit to Congress a report 
on residue testing for all imported organic feedstuffs shipped in bulk, 
                        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 Imports Verification Act of 
2025''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered organic feedstuff.--The term ``covered organic 
        feedstuff'' means any organic feedstuff included on the list 
        established under section 4(b)--
                    (A) that is shipped in bulk; and
                    (B) for which there is a national organic program 
                import certificate.
            (2) National organic program import certificate.--The term 
        ``national organic program import certificate'' has the meaning 
        given the term in section 2103 of the Organic Foods Production 
        Act of 1990 (7 U.S.C. 6502).
            (3) Organic.--The term ``organic'', with respect to a 
        feedstuff, means that the feedstuff is organically produced (as 
        defined in section 2103 of the Organic Foods Production Act of 
        1990 (7 U.S.C. 6502)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Administrator of the 
        Agricultural Marketing Service.
            (5) Shipped in bulk.--
                    (A) In general.--The term ``shipped in bulk'', with 
                respect to a feedstuff, means that the feedstuff is 
                shipped loose in a ship hold, railcar, container, or 
                super sack, or by another similar method.
                    (B) Exclusion.--The term ``shipped in bulk'', with 
                respect to a feedstuff, does not include the shipment 
                of that feedstuff as a packaged good.

SEC. 3. ANNUAL REPORT ON RESIDUE TESTING FOR COVERED ORGANIC FEEDSTUFFS 
              AND OTHER IMPORTED ORGANIC FEEDSTUFFS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to Congress a report on the residue testing described in 
subsection (b) that was carried out during the year covered by the 
report for--
            (1) each covered organic feedstuff; and
            (2) each other imported organic feedstuff--
                    (A) that is shipped in bulk; and
                    (B) for which there is a national organic program 
                import certificate.
    (b) Residue Testing Described.--The residue testing referred to in 
subsection (a) is residue testing carried out under any of the 
following:
            (1) Section 4(c).
            (2) Section 2107(a)(6) of the Organic Foods Production Act 
        of 1990 (7 U.S.C. 6506(a)(6)).
            (3) Section 2112(a) of that Act (7 U.S.C. 6511(a)).
            (4) Section 205.670(c) of title 7, Code of Federal 
        Regulations (or a successor regulation).
    (c) Requirements.--Each report under subsection (a) shall include 
information on--
            (1) the frequency of the applicable residue testing;
            (2) the methods used for that residue testing;
            (3) the results of that residue testing;
            (4) the standards used to analyze those results; and
            (5) any actions taken as a result of that residue testing.

SEC. 4. ANNUAL TESTING AND CORRECTIVE ACTION.

    (a) Risk-Based Protocol.--The Secretary, in consultation with the 
Secretary of Homeland Security and the organic agricultural product 
imports interagency working group established under section 2122A of 
the Organic Foods Production Act of 1990 (7 U.S.C. 6521a), shall 
develop and regularly update risk-based protocols for--
            (1) determining which imported organic feedstuffs shall be 
        included on the list of covered organic feedstuffs described in 
        subsection (b) each year; and
            (2) determining necessary parameters of residue testing for 
        those imported organic feedstuffs, including--
                    (A) frequency of testing;
                    (B) quantity to be tested;
                    (C) type of testing;
                    (D) responsibility for testing; and
                    (E) other necessary parameters.
    (b) List of Covered Organic Feedstuffs.--
            (1) In general.--The Secretary, using the risk-based 
        protocol established under subsection (a)(1), shall establish 
        and annually update a list of imported organic feedstuffs for 
        which the Secretary shall carry out residue testing under 
        subsection (c) during that year.
            (2) Confidentiality.--The list established under paragraph 
        (1) shall not be made publicly available.
    (c) Annual Testing.--Each year, the Secretary shall carry out 
residue testing for each covered organic feedstuff.
    (d) Corrective Action.--Beginning on the date of enactment of this 
Act, if any residue testing required under subsection (c) indicates any 
detectable prohibited substance at a level in excess of the level 
permitted by the national organic program established under the Organic 
Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) or the relevant, 
equivalent organic certification program of a State, the applicable 
shipment of that covered organic feedstuff--
            (1) shall be excluded from organic sale; and
            (2) may not be sold, labeled, or represented as organically 
        produced.
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