[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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