Text: S.2108 — 101st Congress (1989-1990)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in Senate

 
 
S 2108 IS
101st CONGRESS
2d Session
S. 2108
To promote the production of organically produced foods through the
establishment of a national standard production for organically produced
products and providing for the labeling of organically produced products,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 8 (legislative day, JANUARY 23), 1990
Mr. LEAHY (for himself, Mr. CRANSTON, Mr. HEFLIN, Mr. BENTSEN, Mr. WILSON,
Mr. DASCHLE, Mr. CONRAD, Mr. PACKWOOD, Mr. HARKIN, Mr. PRYOR, Mr. KERREY,
Mr. BOREN, Mr. SHELBY, Mr. BUMPERS, Mr. KOHL, Mr. LIEBERMAN, Mr. BAUCUS,
Mr. KENNEDY, and Mr. KERRY) introduced the following bill; which was read
twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To promote the production of organically produced foods through the
establishment of a national standard production for organically produced
products and providing for the labeling of organically produced products,
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 Foods Production Act of 1990'.
SEC. 2. TABLE OF CONTENTS.
  The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purposes.
TITLE I--NATIONAL STANDARDS GOVERNING THE ORGANIC PRODUCTION OF AGRICULTURAL
PRODUCTS
Sec. 101. Definitions.
Sec. 102. National organic production program.
Sec. 103. Establishment of label.
Sec. 104. General requirements.
Sec. 105. State organic certification program.
Sec. 106. Accreditation program.
Sec. 107. Requirements of certifying agents.
Sec. 108. Inspectors.
Sec. 109. Peer review of certifying agents.
Sec. 110. National standards for organic production.
Sec. 111. National list.
Sec. 112. Prohibited crop production practices and materials.
Sec. 113. Contents of organic farm plan.
Sec. 114. Animal production practices and materials.
Sec. 115. Post-harvest handling.
Sec. 116. Processing and marketing.
Sec. 117. Labeling of ingredients.
Sec. 118. Additional guidelines.
Sec. 119. Other production and handling practices.
Sec. 120. Violations of Act.
Sec. 121. Citizen suits.
Sec. 122. Administration.
Sec. 123. Authorization of appropriations.
TITLE II--NATIONAL BOARDS
Sec. 201. Definitions.
Sec. 202. National organic promotion program.
Sec. 203. Issuance of orders.
Sec. 204. Required terms of orders.
Sec. 205. Initial national organic delegate body.
Sec. 206. Duties of the delegate body.
Sec. 207. Initial national organic board.
Sec. 208. Initial organic standards board.
Sec. 209. Referendum.
Sec. 210. Establishment of national organic assembly.
Sec. 211. Duties of national organic assembly.
Sec. 212. National organic board.
Sec. 213. Assessments.
Sec. 214. Organic standards board.
Sec. 215. Proposed national list.
Sec. 216. Permissive terms of orders.
Sec. 217. Petition and review.
Sec. 218. Enforcement.
Sec. 219. Investigations and power to subpoena.
Sec. 220. Refund of assessments.
Sec. 221. Suspension and termination.
Sec. 222. Regulations.
Sec. 223. Authorization of appropriations.
TITLE III--LOW INPUT LABEL DEMONSTRATION PROGRAM
Sec. 301. Definitions.
Sec. 302. National label demonstration program.
Sec. 303. Administration.
Sec. 304. Establishment of labels.
Sec. 305. Reports.
Sec. 306. Authorization of appropriations.
TITLE IV--NATIONAL LABORATORY ACCREDITATION
Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. National laboratory accreditation program.
Sec. 404. Accreditation.
Sec. 405. Samples.
Sec. 406. Application.
Sec. 407. Reporting.
Sec. 408. Fees.
Sec. 409. Public disclosure.
Sec. 410. Regulations.
Sec. 411. Authorization of appropriations.
Sec. 412. Effective date.
SEC. 3. FINDINGS AND PURPOSES.
  (a) FINDINGS- Congress finds that--
  (1) consumers are demanding fresh and processed foods produced using
  organic methods;
  (2) organic farming methods promote more sustainable agricultural practices
  than traditional farming methods using high levels of chemicals;
  (3) existing rules that govern the labeling of fresh and processed food
  do not provide national standards for food production;
  (4) while some regional variation is necessary and desirable, current State
  and private organizations have such differing organic definitions, standards,
  and certification procedures that interstate commerce is hampered; and
  (5) there is a need for a national program designed to standardize and
  promote the production of food through organic and sustainable farming
  methods.
  (b) PURPOSES- It is the purpose of this Act--
  (1) to establish national standards governing the labeling of certain
  agricultural products as organically produced products;
  (2) to provide consumers with reliable information concerning which products
  are organically produced;
  (3) to assure consumers that products labeled as organically produced are
  not produced with, or handled with, compounds that cause adverse human
  health or environmental effects;
  (4) to encourage environmental stewardship through the increased adoption
  of organic and sustainable farming methods;
  (5) to assist emerging and important food industry sectors that produce,
  process, and market organically produced products;
  (6) to provide market incentives to encourage the use of organic and
  sustainable farming practices;
  (7) to preserve the integrity of organic food programs that have been
  implemented by States and encourage other States to adopt organic food
  programs;
  (8) to facilitate interstate commerce in fresh and processed food that is
  organically produced; and
  (9) to establish accreditation procedures for laboratories that provide
  certain chemical residue testing services.
TITLE I--NATIONAL STANDARDS GOVERNING THE ORGANIC PRODUCTION OF AGRICULTURAL
PRODUCTS
SEC. 101. DEFINITIONS.
  As used in this title:
  (1) AGRICULTURAL PRODUCTS- The term `agricultural products' means any
  agricultural commodity or product, whether raw or processed, including any
  commodity or product derived from livestock, or fowl that is marketed in
  the United States for human and livestock consumption.
  (2) CERTIFYING AGENT- The term `certifying agent' means the chief executive
  officer of a State or, in a State that provides for the Statewide election
  of a Commissioner of Agriculture, the Commissioner of Agriculture,
  or an individual (including private entities) who is accredited by the
  Secretary as a certifying agent for the purpose of certifying a farm or
  handling operation as an organically certified farm or handling operation
  in accordance with this title.
  (3) CERTIFIED ORGANIC FARM- The term `certified organic farm' means a farm,
  or portion of a farm, that is certified by the certifying agent under this
  title as utilizing a system of organic farming as described by this title.
  (4) CERTIFIED ORGANIC HANDLING OPERATION- The term `certified organic
  handling operation' means any operation, or portion of any handling
  operation, that is certified by the certifying agent under this title as
  utilizing a system of organic handling as described under this title.
  (5) CROP YEAR- The term `crop year' means the normal growing season for
  a crop as determined by the Secretary.
  (6) GOVERNING STATE OFFICIAL- The term `governing State official' means the
  chief executive official of a State or, in a State that provides for the
  Statewide election of a Commissioner of Agriculture, the Commissioner of
  Agriculture, who administers the organic certification program established
  under section 102(a) and approved by the Secretary.
  (7) GROWING MEDIUM- The term `growing medium' means a substance that provides
  nutrients for plants or fungi but that is separate from the land surface.
  (8) HANDLE- The term `handle' means to sell, process, or package organically
  produced agricultural products.
  (9) HANDLER- The term `handler' means any individual engaged in the business
  of handling agricultural products.
  (10) HANDLING OPERATION- The term `handling operation' means any operation
  or portion of an operation that--
  (A) receives or otherwise acquires agricultural products from the producer
  of such products; and
  (B) processes, packages, or stores such products.
  (11) INDIVIDUAL- The term `individual' means a person, group of people,
  corporation, association, organization, cooperative, or other entity.
  (12) MICRONUTRIENTS- The term `micronutrients' means trace or minor elements
  in the soil that are essential for normal plant growth.
  (13) NATIONAL LIST- The term `National List' means a list of approved and
  prohibited substances as provided for in section 111.
  (14) ORGANIC FARM PLAN- The term `organic farm plan' means a plan of
  management of an organic farm that has been agreed to by the producer
  and the certifying agent and that includes written plans concerning all
  aspects of agricultural production described in this title including crop
  rotation and other practices as required under section 107.
  (15) ORGANICALLY PRODUCED- The term `organically produced' means an
  agriculture product that is produced using organic farming methods as
  described in this title, on an organically certified farm and handled by
  organically certified handling operations.
  (16) ORGANICALLY PRODUCED LABEL- The term `organically produced label'
  means a label that is established under section 103.
  (17) PESTICIDE- The term `pesticide' means any substance which alone, in
  chemical combination, or in any formulation with one or more substances,
  is defined as a pesticide in the Federal Insecticide, Fungicide, and
  Rodenticide Act (7 U.S.C. 136 et seq.).
  (18) PROCESSING- The term `processing' means cooking, baking, heating,
  drying, mixing, grinding, churning, separating, extracting, cutting,
  fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise
  manufacturing, and includes the packaging, canning, jarring, or otherwise
  enclosing food in a container.
  (19) PRODUCER- The term `producer' means an individual who engages in the
  business of growing or producing food for consumption by humans or livestock.
  (20) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
  (21) STATE ORGANIC CERTIFICATION PROGRAM- The term `State organic
  certification program' means a program that meets the requirements of
  section 104, is approved by the Secretary, and that is designed to ensure
  that a product that is labeled as `organically produced' under this title
  is produced and handled using organic methods.
  (22) SYNTHETIC- The term `synthetic' means a substance that is formulated or
  manufactured by a process which chemically changes a substance extracted
  from naturally occurring plant, animal, or mineral sources, excepting
  microbiological processes.
SEC. 102. NATIONAL ORGANIC PRODUCTION PROGRAM.
  (a) IN GENERAL- The Secretary shall establish an organic certification
  program for producers and handlers of agricultural products that have been
  produced using organic methods as provided for in this title.
  (b) STATE PROGRAM- In establishing the program under subsection (a), the
  Secretary shall permit each State to implement a State organic certification
  program for producers and handlers of agricultural products that have been
  produced using organic methods as provided for in this title.
  (c) CONSULTATION- In developing the program under subsection (a), and the
  National List under section 111, the Secretary shall consult with any
  Organic Standards Board or Initial Organic Standards Board established
  under title II.
  (d) LABELING- Each certifying agent may label agricultural products that
  have been produced on organically certified farms and handled through
  certified handling operations as `organically produced'.
  (e) CERTIFICATION- Each certifying agent may certify a farm or handling
  operation that meets the requirements of this title and the requirements
  of the organic certification program of the State (if applicable) as an
  organically certified farm or handling operation.
SEC. 103. ESTABLISHMENT OF LABEL.
  (a) IN GENERAL- The Secretary shall establish a label to be affixed to
  agricultural products that have been produced on organically certified
  farms and have been handled by organically certified handlers.
  (b) CONTENT OF LABEL- The label established under subsection (a) shall
  state that the agricultural product to which such label is affixed has
  been `organically produced' and shall bear the seal of the Department
  of Agriculture.
  (c) AFFIXING LABEL-
  (1) REQUIREMENT- The Secretary or certifying agent may affix such label
  only on an agricultural product that has been produced and handled in
  accordance with this title and the organic certification program of the
  State (if applicable) that is implemented in accordance with this title.
  (2) AFFIXATION- The Secretary or the certifying agent shall have the
  exclusive authority to affix such label to an agricultural product.
  (d) TAMPERING WITH LABEL- No individual may replicate, affix, or otherwise
  tamper with an organically produced label in any manner other than a normal
  consumer use, as determined by the Secretary.
  (e) LIMITATION ON LABELING-
  (1) RESTRICTION- On or after September 1, 1992, no individual may affix a
  label to an agricultural product that implies, directly or indirectly, that
  such product is organically, naturally, or ecologically produced, grown,
  processed, or marketed, except in accordance with this title and under an
  approved State organic certification program implemented under this title.
  (2) EXEMPTION- Paragraph (1) shall not apply to individuals who sell
  agricultural products at local farmers markets if compensation for the
  sale of such products does not exceed $1,000 annually.
  (3) EXEMPTION FOR IMPORTED PRODUCTS- Paragraph (1) shall not apply to
  imported agricultural products with labels that imply that such product
  is organically or naturally produced if the Secretary determines that
  such products have been produced and handled under an organic program that
  provides safeguards and guidelines governing the production and handling of
  such products that are at least equivalent to the requirements of this Act.
  (f) STATE LABEL- The certifying agent, on the approval of the Secretary,
  may affix an additional label to an agricultural product that indicates
  the State origin and certifying body of such product.
SEC. 104. GENERAL REQUIREMENTS.
  (a) IN GENERAL- A program established under this title shall--
  (1) require that each agricultural product that bears an organically
  produced label must--
  (A) be produced only on organically certified farms and handled only through
  organically certified handling operations in accordance with this title; and
  (B) be produced and handled in accordance with such program;
  (2) require that producers desiring to participate under such program
  establish an organic farm plan under section 113;
  (3) establish procedures that permit producers and handlers to appeal an
  adverse administrative determination under this title;
  (4) require that each organic farming operation or each organic handling
  operation covered under such program certify to the Secretary, the governing
  State official (if applicable), and the certifying agent on an annual basis,
  that such producer or handler has not produced or handled any agricultural
  product bearing an organically produced label except in accordance with
  this title and any applicable State program;
  (5) require annual on-site inspections of each farm and handling operation
  that has been certified under this title;
  (6) require periodic residue testing of agricultural products that have been
  produced on organically certified farms and handled through organically
  certified handling operations to determine whether such products contain
  any pesticide or other nonorganic residue or natural toxicants;
  (7) establish appropriate and adequate enforcement procedures, as determined
  by the Secretary to be necessary and consistent with section 120;
  (8) establish regulations to protect against conflict-of-interest as
  specified under section 107(i);
  (9) require public access to certification documents and laboratory analyses
  that support certifications under this title; and
  (10) require such other terms and conditions as may be determined by the
  Secretary to be necessary.
  (b) DISCRETIONARY REQUIREMENTS- An organic certification program established
  under this title may--
  (1) provide for the collection of reasonable fees from producers and
  handlers who participate in such program; and
  (2) 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, the fields to be certified have 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;
  (B) in the case of a handling operation, the part of a handling operation
  to be certified under this title is adequately separated, as determined
  by the certifying agent, from other parts of the handling operation that
  are not organically managed;
  (C) the operators of such farm or handling operation maintain separate
  records of all operations and make such records available at all times
  for inspection by the Secretary, the certifying agent, and the governing
  State official; and
  (D) appropriate physical facilities, machinery, and management practices
  are established to prevent the possibility of a mixing of organic and
  nonorganic products or a penetration of prohibited chemicals or other
  substances on the certified land or area.
  (c) STATE PROGRAM- A State organic certification program approved under
  this title may contain additional guidelines governing the production
  or handling of products labeled as organically produced in such State as
  required in section 105.
SEC. 105. STATE ORGANIC CERTIFICATION PROGRAM.
  (a) IN GENERAL- A State may establish a State organic certification program
  that meets the requirements of this title.
  (b) ADDITIONAL REQUIREMENTS-
  (1) AUTHORITY- A State organic certification program established under
  subsection (a) may contain more restrictive requirements governing the
  organic certification of farms and handling operations and the production
  and handling of agricultural products that are to be labeled as organically
  produced under this title than are contained in the program established
  by the Secretary.
  (2) CONTENT- Additional requirements established under paragraph (1) shall--
  (A) further the purposes of this title;
  (B) not be inconsistent with this title;
  (C) not be discriminatory towards agricultural commodities produced in
  other States that are certified under this title; and
  (D) be approved by the Secretary.
  (c) SUBMISSION TO THE SECRETARY-
  (1) INITIAL PLAN- The governing State official shall prepare and submit, to
  the Secretary, a plan for the establishment of a State organic certification
  program, and the Secretary shall approve or disapprove of such plan.
  (2) SUBSEQUENT REVIEW- The Secretary shall review programs established under
  plans approved under paragraph (1) not less than once during each 5-year
  period following the date of the approval of such program under paragraph
  (1).
  (3) CHANGES IN PROGRAM- The governing State official, prior to implementing
  any substantive change to programs approved under paragraph (1), shall
  submit such change to the Secretary for approval.
  (4) TIME FOR DETERMINATION- The Secretary shall make a determination
  concerning any plan, proposed change to a plan, or a review of a plan
  not later than 6 months after receipt of such plan, such proposed change,
  or the initiation of such review.
SEC. 106. ACCREDITATION PROGRAM.
  (a) IN GENERAL- The Secretary shall establish and implement a program
  to provide a governing State official or a private individual that meets
  the requirements of this section, with an accreditation as a certifying
  agent for the purpose of certifying a farm or handling operation as an
  organically certified farm or handling operation.
  (b) REQUIREMENTS- To be accredited as a certifying agent under this section,
  a governing State official or private individual shall--
  (1) prepare and submit, to the Secretary, an application for such
  accreditation;
  (2) have sufficient expertise in organic farming and handling techniques; and
  (3) comply with the requirements of this title.
  (c) DURATION OF DESIGNATION- An accreditation made under this section
  shall be for a period of not to exceed 4 years, or a shorter period,
  as determined appropriate by the Secretary.
SEC. 107. REQUIREMENTS OF CERTIFYING AGENTS.
  (a) ABILITY TO IMPLEMENT REQUIREMENTS- To be accredited as a certifying agent
  under section 106, a governing State official or an individual must be able
  to fully implement the organic labeling program established under this title.
  (b) USE OF ORGANICALLY PRODUCED LABEL- A certifying agent shall use the
  organically produced label only in accordance with this title and the
  State organic certification program (if applicable).
  (c) INSPECTORS- A certifying agent shall employ a sufficient number of
  inspectors as necessary to implement the program established under this
  title, as determined appropriate by the Secretary.
  (d) RECORDKEEPING-
  (1) MAINTENANCE OF RECORDS- A certifying agent shall maintain all records
  concerning the activities of such agent under this title for a period of
  not less than 10 years.
  (2) ACCESS FOR SECRETARY- A certifying agent shall permit representatives
  of the Secretary and the governing State official to have access to any
  and all records concerning the activities of such agent under this title.
  (3) TRANSFERENCE OF RECORDS- If a private individual that has been
  accredited as a certified agent under section 106 is dissolved or loses
  its accreditation, all records concerning activities of such individual
  under this title shall become the property of the Secretary and shall be
  transferred to the Secretary.
  (e) AGREEMENT- A certifying agent shall enter into an agreement with the
  Secretary under which, such agent shall--
  (1) agree to carry out this title;
  (2) agree to such other terms and conditions as the Secretary determines
  appropriate; and
  (3) agree to arrange for and submit, annually to the Secretary, the results
  of an independent audit of the operations and activities of such agent
  under this title.
  (f) PRIVATE CERTIFYING AGENT AGREEMENT- A private individual that has
  been accredited as a certifying agent under section 106, in addition to
  the agreement required under subsection (e), shall--
  (1) agree to hold the Secretary harmless for any failure on the part of
  the agent to carry out this title; and
  (2) furnish reasonable security, in an amount determined by the Secretary,
  for the purpose of protecting the rights of participants in the program
  established under this title and to hold the Secretary harmless for any
  failure on the part of such agent to carry out this title.
  (g) COMPLIANCE WITH STATE PROGRAM- A certifying agent shall fully comply
  with the terms and conditions of the applicable State organic certification
  program implemented under this title.
  (h) CONFIDENTIALITY- Except as provided in section 104(a)(9), a certifying
  agent shall maintain strict confidentiality, with respect to the clients
  of such agent, and shall not disclose to third parties (with the exception
  of the Secretary or the applicable governing State official) any business
  related information concerning such client that was obtained while the
  agent was implementing this title.
  (i) CONFLICT OF INTEREST- A certifying agent shall not--
  (1) carry out any inspections of any operation in which such agent,
  or employee of such agent has, or has had, a commercial interest in,
  including the provision of consultancy services by such agent;
  (2) accept payment, gifts, or favors of any kind from the business inspected
  that is in excess of prescribed fees; or
  (3) provide advice concerning organic practices or techniques for a fee,
  other than for fees established under such program.
  (j) ADMINISTRATOR- A certifying agent that is a private individual shall
  designate the person who controls the day to day operations of the agent and
  who shall be responsible for all matters in connection with the activities
  of the agent under this title.
  (k) SALE OF NON-ORGANIC PRODUCTS- A certifying agent shall not permit any
  individual certified by such agent under this title to deliver or sell
  any agricultural commodities labeled as organically produced under this
  title if such commodities do not meet the requirements of this title.
  (l) LOSS OF ACCREDITATION-
  (1) NONCOMPLIANCE- If the Secretary or the governing State official (if
  applicable) determines that a certifying agent is not in compliance with
  this title, the Secretary or such governing State official may suspend
  the accredidation of such agent.
  (2) EFFECT ON CERTIFIED OPERATIONS- If the accredidation of a certifying
  agent is suspended under paragraph (1), the Secretary or the governing State
  official (if applicable) shall promptly determine whether farming or handling
  operations certified by such agent may retain their organic certification.
SEC. 108. INSPECTORS.
  (a) NUMBER- A certifying agent shall employ a sufficient number of inspectors
  that have knowledge of organic farming or organic handling operations to
  carry out this title, as determined appropriate by the Secretary and the
  governing State official (if applicable).
  (b) FARMING OPERATIONS- Inspectors employed by the certifying agent under
  subsection (1) to inspect organic farming operations shall be qualified
  to perform such inspections based on the education and training of such
  inspectors, as determined appropriate by the Secretary and the governing
  State official (if applicable). Such inspectors should have a minimum of
  5 years experience in organic farming or organic production.
  (c) HANDLING OPERATIONS- Inspectors employed by the certifying agent under
  subsection (1) to inspect organic handling operations shall be qualified
  to perform such inspection based on the education and training of such
  inspectors, as determined appropriate by the Secretary and the governing
  State official (if applicable). Such inspectors should have a minimum of 5
  years experience in the organic production of food or in appropriate food
  industry experience.
  (d) LIST OF INSPECTORS- A certifying agent shall maintain a list of all
  inspectors employed by such agent and shall furnish such list to the
  Secretary and the governing State official (if applicable) annually.
SEC. 109. PEER REVIEW OF CERTIFYING AGENTS.
  (a) PEER REVIEW- In determining whether to approve an application for
  accreditation submitted under section 106, the Secretary shall consider a
  report concerning such applicant that shall be prepared by a peer review
  panel established under subsection (b).
  (b) PEER REVIEW PANEL- To assist the Secretary in evaluating applications
  under section 106, the Secretary shall establish a panel of not less than
  three persons who have expertise in organic farming and handling methods,
  to evaluate the State or private individual that is seeking accredidation
  as a certifying agent under such section. Not less than two members of
  such panel shall be individuals who are not employees of the Department
  of Agriculture or of the applicable State government.
SEC. 110. NATIONAL STANDARDS FOR ORGANIC PRODUCTION.
  (a) ORGANICALLY PRODUCED PRODUCTS- To be labeled as an organically produced
  agricultural commodity under this title, such commodity shall meet the
  minimum standards established under this section.
  (b) PROHIBITED PRACTICES- To be labeled as an organically produced
  agricultural product under this title, an agricultural commodity shall
  not have been produced through the use of any production practices that
  are prohibited under this title during the greater of 3 crop years or
  3 calendar years prior to the crop year during which such agricultural
  product is produced.
  (c) HANDLING- To be labeled as an organically produced agricultural product
  under this title, an agricultural commodity shall be handled in accordance
  with this title and the applicable State organic certification program.
  (d) SYNTHETIC CHEMICALS- To be labeled as an organically produced
  agricultural product under this title, an agricultural commodity shall
  have been produced--
  (1) without the use of synthetic chemicals; and
  (2) on land that has not had synthetic chemicals applied during the greater
  of 3 crop years or 3 calendar years prior to the crop year during which
  such product is produced.
  (e) SOIL QUALITY- To be labeled as an organically produced agricultural
  product under this title, an agricultural commodity shall not have been
  produced on soil or in any growing medium that has been determined by the
  certifying agent (after appropriate soil testing) to contain levels of
  chemical residue that are likely to result in unsafe residue levels in
  any food produced on such soil.
  (f) SOIL BUILDING- To be labeled as an organically produced agricultural
  product under this title, an agricultural commodity shall have been produced
  using practices that replenish and maintain soil fertility by providing
  optimal conditions for soil biological activity.
  (g) COMPLIANCE WITH ORGANIC FARM PLAN- To be labeled as an organically
  produced agricultural product under this title, an agricultural commodity
  shall be produced in compliance with an organic farm plan agreed to by the
  producer of such product and the governing State official (if applicable).
SEC. 111. NATIONAL LIST.
  (a) IN GENERAL- The Secretary shall establish a National List of approved
  and prohibited substances that shall be included in the standards for
  organic production established under this title in order for such products
  to be labeled as organically produced under this title.
  (b) CONTENT OF LIST-
  (1) ITEMIZATION OF SUBSTANCES- The List established under subsection (a)
  shall contain an itemization of--
  (A) the specific synthetic substances that may be used in the production
  and handling of agricultural products labeled as organically produced
  under this title, even though the use of such substances is prohibited
  elsewhere in this title; or
  (B) the specific natural substances that may not be used in the production
  and handling of agricultural products labeled as organically produced under
  this title, even though the use of such substances would be allowed under
  other provisions of this title.
  (2) SPECIFIC USES- An exemption granted under paragraph (1)(A) or the
  prohibition contained in paragraph (1)(B) with respect to a specific
  synthetic or natural substance shall be limited to a specific use of such
  substance in a farming or handling operation.
  (c) GUIDELINES FOR PROHIBITIONS OR EXEMPTIONS-
  (1) EXEMPTION FOR PROHIBITED SUBSTANCES- The National List may provide
  for the use of substances in an organic farming or handling operation that
  are otherwise prohibited under this title only if--
  (A) the Secretary determines that the use of such substances--
  (i) would not be harmful to human health or the environment;
  (ii) is necessary to the production or handling of the crop because of
  the unavailability of wholly natural substitute products; and
  (iii) is consistent with organic farming procedures; and
  (B) the specific exemption is developed using the procedures described in
  subsection (d).
  (2) PROHIBITION OF USE OF SPECIFIC NATURAL SUBSTANCES- The National List
  may provide for the prohibition of the use of specific natural substances
  in an organic farming or handling operation that are otherwise permitted
  under this title only if--
  (A) the Secretary determines that the use of such substances--
  (i) would be harmful to human health or the environment; and
  (ii) is inconsistent with organic farming procedures and the purposes of
  this title; and
  (B) the specific prohibition is developed using the procedures described
  in subsection (d).
  (d) PROCEDURE FOR ESTABLISHING NATIONAL LIST-
  (1) IN GENERAL- The National List established by the Secretary shall be
  based on a proposed national list or proposed amendments to the National
  List that is developed by the Organic Standards Board (or the Initial
  Organic Standards Board, as applicable).
  (2) NO ADDITIONS- The Secretary shall not include exemptions for the use
  of specific synthetic substances in the National List other than those
  exemptions contained in the proposed national list or proposed amendments
  to the National List.
  (3) NOTICE AND COMMENT- Prior to establishing the National List or making
  amendments to such, the Secretary shall provide for the publishing of the
  proposed national list or any proposed amendments to the National List
  in the Federal Register and seek public comment on such proposals. The
  Secretary shall include in such publication any changes to such proposed
  list or amendments recommended by the Secretary.
  (4) PUBLICATION OF NATIONAL LIST- After evaluating all comments received
  concerning the proposed national list or proposed amendments to the National
  List, the Secretary shall publish the final National List in the Federal
  Register, together with a discussion of comments received.
  (e) SUNSET PROVISION- No exemption or prohibition contained in the National
  List shall be valid unless the National Organic Board has reviewed such
  exemption or prohibition as required under title II within 5 years of such
  exemption or prohibition being adopted.
SEC. 112. PROHIBITED CROP PRODUCTION PRACTICES AND MATERIALS.
  (a) SEED, SEEDLINGS AND PLANTING PRACTICES-
  (1) PROHIBITED PRACTICES- For a farm to be certified under this title,
  producers on such farm shall not--
  (A) use synthetic pesticides or soil fumigants in any seedlings or plant
  materials produced on such farm for organic production;
  (B) except as provided in paragraph (2), use
  synthetic-pesticide-treated-seeds; or
  (C) apply materials to, or engage in practices on, seeds or seedlings
  that are determined by the Secretary or by the applicable governing
  State official to be contrary to, or inconsistent with, this title or the
  applicable State organic certification program.
  (2) SYNTHETIC-PESTICIDE-TREATED-SEED- A producer may use specific
  synthetic-pesticide-treated-seed on such farm under paragraph (1) prior to
  January 1, 1995, if such specific use is authorized under the applicable
  State organic certification program.
  (b) IRRIGATION WATER- For a farm to be certified under this title,
  producers on such farm shall not use irrigation water for the production
  of agricultural products unless such water has been analyzed for quality,
  salinity, and purity and such analysis has been submitted for the approval
  of the certifying agent.
  (c) SOIL AMENDMENTS- For a farm to be certified under this title, producers
  on such farm shall not--
  (1) use any fertilizers containing synthetic ingredients or any commercially
  blended fertilizers containing materials prohibited under this title or
  under the applicable State organic certification program;
  (2) use as a source of nitrogen--
  (A) anhydrous ammonia;
  (B) ammonium nitrate;
  (C) contaminated organic materials; or
  (D) mixed synthetic sources of soluble nitrates at high concentrations
  for the sole purpose of increasing production;
  (3) use as a source of phosphorus--
  (A) ordinary or triple superphosphate; or
  (B) any excessively soluble material, acidifying material, or both, with
  a high salt index;
  (4) use quicklime or slaked or hydrated lime applied to the soil as a
  source of calcium;
  (5) use as a source of micronutrients--
  (A) chemically fortified liquid; or
  (B) excessive doses of any micronutrient, as determined by the certifying
  agent; and
  (6) use any synthetic growth promoters or synthetic growth regulators.
  (d) CROP MANAGEMENT-
  (1) PEST CONTROL- For a farm to be certified under this title, producers
  on such farm shall not--
  (A) use synthetic pesticides;
  (B) use traps containing prohibited pesticides, unless authorized in
  writing by the applicable governing State official with the approval of
  the Secretary; and
  (C) use natural poisons such as arsenic or lead salts that have long-term
  effects and persist in the environment, as determined by the applicable
  governing State official or the Secretary.
  (2) WEED CONTROL- For a farm to be certified under this title, producers
  on such farm shall not--
  (A) use synthetic or petroleum-distillate pesticides;
  (B) use synthetic growth regulators;
  (C) use micronutrients at toxic levels to kill weeds in crops that tolerate
  excess micronutrients, such as boron in beet production, as determined by
  the applicable governing State official or the Secretary; or
  (D) use plastic mulches, unless such mulches are removed at the end of
  each growing or harvest season.
  (3) DISEASE CONTROL- For a farm to be certified under this title,
  producers on such farm shall not use synthetic fungicides, fumigants,
  synthetic sterilizing agents, or synthetic bactericidal agents for the
  purpose of controlling diseases.
SEC. 113. CONTENTS OF ORGANIC FARM PLAN.
  (a) IN GENERAL- A producer seeking certification under this title shall
  submit an organic farm plan to the certifying agent that meets the
  requirements of this title and the State organic certification program
  (if applicable), and such plan shall be reviewed by the certifying agent
  who shall determine if such plan meets the requirements of such programs.
  (b) SOIL FERTILITY- An organic farm plan shall contain provisions designed
  to foster soil fertility, primarily through the management of the organic
  content of the soil through proper tillage, crop rotation, and manuring.
  (c) CROP ROTATION- An organic farm plan shall require producers to rotate,
  according to an established crop rotation plan, each crop, except--
  (1) perennial crops;
  (2) crops included in a permaculture system;
  (3) crops grown in a container or other growing medium; or
  (4) crops grown on a non-rotating basis in accordance with regional organic
  practices, as determined by the applicable governing State official or
  the Secretary.
  (d) CROP ROTATION PLAN- An organic farm plan shall include a crop rotation
  plan that has been agreed to by the producer and the applicable governing
  State official.
  (e) MANURING-
  (1) INCLUSION IN ORGANIC FARM PLAN- An organic farm plan shall contain
  terms and conditions that regulate the application of manure to crops.
  (2) APPLICATION OF MANURE- Such organic farm plan shall provide that raw
  manure may be applied to--
  (A) any green manure crop;
  (B) any perennial crop;
  (C) any crop not for human consumption; and
  (D) any crop for human consumption, if such crop is harvested after a
  reasonable period of time after the most recent application of raw manure,
  determined by the certifying agent to ensure the safety of such crop, but
  in no event shall such period be less than 60 days after such application.
  (3) CONTAMINATION BY MANURE- Such organic farm plan shall prohibit raw manure
  from being applied to any crop in a way that significantly contributes to
  water contamination by nitrates.
  (f) LIMITATION ON CONTENT OF PLAN- An organic farm plan shall not include
  any production practices that are inconsistent with this title and the
  applicable State organic certification program.
SEC. 114. ANIMAL PRODUCTION PRACTICES AND MATERIALS.
  (a) ORGANICALLY PRODUCED LIVESTOCK PRODUCTS-
  (1) SLAUGHTER LIVESTOCK-
  (A) RAISED IN ACCORDANCE WITH TITLE- Except as provided in subparagraph
  (B), any meat, poultry, wild or domesticated game, or other nonplant life
  that is to be slaughtered and sold as organically produced shall be raised
  in accordance with this title.
  (B) EXCEPTION- With respect to any meat, poultry, wild or domesticated game,
  or other nonplant life that is to be slaughtered and sold as organically
  produced prior to January 1, 1995, such livestock shall be raised in
  accordance with this title for a minimum of the final 60 percent of the
  slaughter weight of such livestock.
  (2) LAYING LIVESTOCK-
  (A) ORGANICALLY MANAGED- Except as provided in subparagraph (B), any poultry
  from which eggs will be labeled as organically produced, shall be managed
  in accordance with this subsection prior to and during the period in which
  such eggs are sold.
  (B) EXCEPTION- Any poultry from which eggs will be labeled as organically
  produced prior to January 1, 1995, shall be managed in accordance with
  this subsection for not less than a 4-month period prior to the sale of
  such eggs and during the period in which such eggs are sold.
  (3) DAIRY LIVESTOCK-
  (A) ORGANICALLY MANAGED- Except as provided in paragraph (B), any dairy cow
  from which milk and milk products will be labeled as organically produced,
  shall be raised in accordance with this title prior to the sale of such
  milk and continuously thereafter.
  (B) EXCEPTION- Any dairy cow from which milk and milk products will be
  labeled `organically produced' prior to January 1, 1995, must be raised
  in accordance with this title for not less than a 12-month period prior
  to the sale of such milk and continuously thereafter.
  (b) FEED-
  (1) ORGANICALLY PRODUCED FEED- For a farm that produces livestock to be
  certified under this title, producers on such farm shall feed such livestock
  organically produced feed that meets the requirements of this title.
  (2) PROHIBITED FEED- For a farm that produces livestock to be organically
  certified under this title, producers on such farm shall not use the
  following feed--
  (A) plastic pellets for roughage;
  (B) manure refeeding;
  (C) any synthetic compounds;
  (D) feed formulas containing urea;
  (E) milk from livestock receiving antibiotics; or
  (F) any feed or milk replacement formula that contains synthetic chemicals.
  (c) SUPPLEMENTS- For a farm that produces livestock to be organically
  certified under this title, producers on such farm shall not use growth
  promoters and hormones, whether implanted, ingested, or injected, including
  antibiotics and trace elements used to stimulate growth or production of
  livestock covered by this title.
  (d) HEALTH CARE-
  (1) PROHIBITED PRACTICES- For a farm that produces livestock to be
  organically certified under this title, producers on such farm shall not--
  (A) use synthetic pesticides;
  (B) use subtherapeutic doses of antibiotics;
  (C) use internal parasiticides on a routine basis;
  (D) administer medication other than vaccinations in the absence of illness
  as diagnosed by a veterinarian; or
  (E) administer any vaccinations other than forward of the shoulder area.
  (2) TREATED ANIMALS- No product from any livestock that has been administered
  antibiotics in accordance with paragraph (1) shall be labeled as organically
  produced until at least 120 days has elapsed from the time such antibiotic
  was administered and such product is prepared for market.
  (e) DRINKING WATER-
  (1) ANALYSIS OF DRINKING WATER- A certifying agent may require, in order
  for a farm to be organically certified under this title, that producers on
  such farm submit for analysis any water to be made available for livestock
  covered by this title for the purpose of determining the quality, salinity,
  and purity of such water and the presence of pesticides and nitrates in
  such water.
  (2) IMPURE WATER- A farm shall not be certified under this title with respect
  to livestock if the certifying agent determines that drinking water to be
  made available to the livestock covered by this title is contaminated.
  (f) LIVESTOCK IDENTIFICATION-
  (1) IN GENERAL- For a farm that produces livestock to be certified under
  this title, producers on such farm shall ensure that each slaughter animal
  is identifiable from birth through processing.
  (2) RECORDS- To carry out paragraph (1), each producer shall keep accurate
  records on each slaughter animal including--
  (A) dates;
  (B) amounts and sources of all medications administered;
  (C) all feeds bought and fed;
  (D) all feed supplements used;
  (E) the weight of each slaughter animal on entering organic production; and
  (F) the weight of each animal at slaughter.
SEC. 115. POST-HARVEST HANDLING.
  (a) IN GENERAL- For a farm or handling operation to be organically certified
  under this title, producers on such farm or an individual on such handling
  operation shall not apply to any agricultural product covered by this
  title at any point during post-harvest handling, transportation, or storage--
  (1) synthetic fumigants;
  (2) sprouting inhibitors, ripeners, or growth regulators;
  (3) preservatives;
  (4) coloring agents; or
  (5) waxes (except beeswax) or oils.
  (b) MEAT- For a farm or handling operation to be organically certified
  under this title, producers on such farm or individual on such handling
  operation shall ensure that organically produced meat does not come in
  contact with nonorganically produced meat.
SEC. 116. PROCESSING AND MARKETING.
  For a handling operation to be certified under this title, each individual
  on such handling operation shall not, with respect to any agricultural
  product covered by this title--
  (1) add any synthetic ingredient, including preservatives, coloring,
  flavoring, texturizers, or emulsifiers, during the processing or marketing
  of the product;
  (2) add any ingredient known to contain excessive levels of nitrates,
  heavy metals, or toxic residues;
  (3) add any sulfites, nitrates, or nitrites;
  (4) add any ingredients that are not organically produced in accordance
  with this title and the applicable State organic certification program,
  unless such ingredients are approved by the Secretary or the applicable
  governing State official, and unless such ingredients are included in the
  National List;
  (5) use any packaging materials that contain fungicides, preservatives,
  or other chemical additives; or
  (6) use any bag or container that had previously been in contact with any
  substance that could compromise the organic quality of such product.
SEC. 117. LABELING OF INGREDIENTS.
  A processed agricultural product labeled as organically produced under
  this title shall not be sold or distributed for sale unless such product
  contains a label describing each ingredient contained in such product and
  the approximate percentage component of each such ingredient.
SEC. 118. ADDITIONAL GUIDELINES.
  (a) IN GENERAL- The Secretary, the governing State official, and the
  certifying agent shall utilize a system of residue testing to test products
  labeled as organically produced under this title to assist in the enforcement
  of this title.
  (b) RESIDUE TESTING- If the Secretary, the applicable governing State
  official, or the certifying agent determines that an agricultural product
  labeled as organically produced under this title--
  (1) contains any detectable pesticide or other nonorganic residue, the
  Secretary, the applicable governing State official, or the certifying agent
  shall conduct an investigation to determine if the organic certification
  program has been violated, and may require the producer or handler of such
  product to prove that such nonorganic residue or pesticide was not applied
  to such product; and
  (2) contains any pesticide or other nonorganic residue in excess of 5
  percent of the tolerance level established by the Administrator of the
  Environmental Protection Agency for that substance in food, or 5 percent of
  the action level for food as established by the Administrator of the Food
  and Drug Administration, such agricultural product shall not be labeled
  as organically produced under this title.
  (c) RECORDKEEPING REQUIREMENTS- Producers who operate certified farming or
  handling operations under this title shall maintain records covering the
  5-year period immediately preceding certification concerning the production
  or handling of agricultural products labeled as organically produced under
  this title by such operation, including--
  (1) a detailed history of substances applied to fields or agricultural
  products; and
  (2) the names of persons who applied such substances, the dates, the rate
  and method of application of such substances.
SEC. 119. OTHER PRODUCTION AND HANDLING PRACTICES.
  If a production or handling practice is not prohibited or otherwise
  restricted under this title, such practice shall be permitted unless the
  Secretary or the applicable governing State official determines that such
  practice would be inconsistent with the purposes of this title.
SEC. 120. VIOLATIONS OF TITLE.
  (a) MISUSE OF LABEL- Any individual who misuses, affixes, or otherwise
  tampers with an organically produced label, except in accordance with this
  title, shall be subject to a civil penalty of not more than $100,000 and
  imprisonment of not more than 5 years.
  (b) FALSE CERTIFICATION- Any individual who issues a false certification
  under this title to the Secretary, a governing State official, or a
  certifying agent shall be subject to the provisions of section 1001 of
  title 18, United States Code.
  (c) INELIGIBILITY-
  (1) IN GENERAL- Except as provided in paragraph (2), any producer who--
  (A) issues a false certification;
  (B) attempts to have an organically produced label affixed to an agricultural
  product that such producer knows to have been produced in a manner that
  is not in accordance with this title; or
  (C) otherwise violates the purposes of the national organic certification
  program established under section 102(a);
as determined by the Secretary or the applicable governing State official,
shall not be eligible, for a period of 5 years for the date of such occurrence,
to receive certification under this title with respect to any farm or handling
operation in which such producer has an interest.
  (2) WAIVER- Notwithstanding paragraph (1), the Secretary may reduce or
  eliminate such period of ineligibility if the Secretary determines that
  such modification or waiver would be in the best interests of the national
  organic certification program established under this title.
  (d) REPORTING OF VIOLATIONS- A certifying agent shall immediately report any
  violations of this title to the Secretary or the governing State official
  (if applicable) and shall decertify any individual determined to be in
  violation of this title.
  (e) VIOLATIONS BY CERTIFYING AGENT- Any certifying agent that is a private
  individual that violates the provisions of this title or that falsely or
  negligently certifies any farming or handling operation and that does not
  meet the terms and conditions of the applicable organic certification
  program as an organic operation, as determined by the Secretary or the
  governing State official (if applicable) shall--
  (1) lose its accreditation as a certifying agent under this title; and
  (2) be ineligible to be accredited as a certifying agent under this title
  for a period of not less than 3 years subsequent to such determination.
  (f) APPLICABILITY TO OTHER LAWS- Any transactions involving agricultural
  products labeled under this title as organically produced shall be subject
  to the provision of the Perishable Agricultural Commodities Act, 1930
  (7 U.S.C. 499a et seq.).
  (g) MISBRANDING- The provisions of the Federal Meat Inspection Act (21
  U.S.C. 601 et seq.) and the Poultry Inspection Act (21 U.S.C. 451 et
  seq.) concerning the misbranding of meat and poultry products shall be
  applicable to meat and poultry products labeled under this title.
SEC. 121. CITIZEN SUITS.
  (a) IN GENERAL- Except as provided in subsection (c), any citizen may
  commence a civil action on behalf of such citizen--
  (1) against any person (including the United States or any other governmental
  instrumentality or agency to the extent permitted by the Eleventh amendment
  to the Constitution) who is alleged to be in violation of the provisions
  of this title or any State organic certification program established under
  this title; or
  (2) against the Secretary or the governing State official where there is an
  alleged failure of the Secretary or the governing State official to perform
  any act or duty required under this title that is not discretionary with
  the Secretary or the governing State official.
  (b) JURISDICTION- The district courts of the United States shall have
  original jurisdiction, without regard to the amount in controversy or the
  citizenship of the parties, to enforce the provisions of this title or
  any State organic certification program established under this title, or
  to order the Secretary or the governing State official to perform such act
  or duty, as the case may be, and to apply any appropriate civil penalties
  under section 119.
  (c) NOTICE- No action shall be commenced--
  (1) under subsection (a)(1) of this section--
  (A) prior to 60 days after the plaintiff has given notice of the alleged
  violation--
  (i) to the Secretary;
  (ii) to the State in which the alleged violation occurs; and
  (iii) to any alleged violator of the title or State program; or
  (B) if the Secretary or State has commenced and is diligently prosecuting
  a civil or criminal action in a court of the United States, or a State to
  require compliance with the title or State program, but in any action in a
  court of the United States any citizen may intervene as a matter of right; or
  (2) under subsection (a)(2) prior to 60 days after the plaintiff has given
  notice of such action to the Secretary;
except that such action may be brought immediately after such notification
in the case of an action under this section with respect to a violation of
section 118(b)(2). Notice under this subsection shall be provided in such
manner as the Secretary shall prescribe by regulation.
  (d) PROCEDURAL PROVISIONS-
  (1) VENUE- Any action under this title, or concerning a State program
  established under this title, or to require the Secretary or governing
  State official to take action under this title may be brought under this
  section only in the judicial district in which the individual is located.
  (2) INTERVENTION- In any action under this section, the Secretary, if not
  a party, may intervene as a matter of right.
  (3) PROTECTION OF UNITED STATES INTERESTS- When any action is brought under
  this section in a district court of the United States, the plaintiff shall
  serve a copy of the complaint on the Attorney General and the Secretary. No
  consent judgment shall be entered in any action in which the United States
  is not a party prior to 45 days following the receipt of a copy of the
  proposed consent judgment by the Attorney General and the Secretary.
  (e) LITIGATION COSTS- The court, in issuing any final order in any
  action brought pursuant to this section, may award costs of litigation
  (including reasonable attorney and expert witness fees) to any prevailing
  or substantially prevailing party, if the court determines such award is
  appropriate. The court may, if a temporary restraining order or preliminary
  injunction is sought, require the filing of a bond or equivalent security
  in accordance with the Federal Rules of Civil Procedure.
  (f) STATUTORY OR COMMON LAW RIGHTS NOT RESTRICTED- Nothing in this section
  shall restrict any right that any person (or class of persons) may have
  under any statute or common law to seek enforcement of any provision
  of this title or to seek any other relief (including relief against the
  Secretary or the governing State official or the certifying agent).
  (g) CITIZEN- For purposes of this section, the term `citizen' means a person
  or persons having an interest that is or may be adversely affected by a
  violation of the provisions of this title or by the failure of the Secretary
  or the governing State official to take actions required by this title.
  (h) CIVIL ACTION BY STATE GOVERNORS- The chief executive officer of a State
  may commence a civil action under subsection (a), without regard to the
  limitations of subsection (b), against the Secretary if there is alleged
  a failure of the Secretary to enforce the provisions of this title and
  the violation of this title is occurring in another State and is causing
  an adverse effect on the public health or welfare in the State of such
  chief executive.
SEC. 122. ADMINISTRATION.
  (a) REGULATIONS- Not later than 180 days after the date of enactment of
  this title, the Secretary shall issue proposed regulations to carry out
  this title.
  (b) ASSISTANCE TO STATE-
  (1) TECHNICAL AND OTHER ASSISTANCE- The Secretary shall provide technical,
  administrative, and Extension Service assistance to each State that
  implements an organic certification program under this title.
  (2) FINANCIAL ASSISTANCE- The Secretary may provide financial assistance to
  any State that implements an organic certification program under this title.
SEC. 123. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated for each fiscal year such sums as
  may be necessary to carry out this title.
TITLE II--NATIONAL BOARDS
SEC. 201. DEFINITIONS.
  As used in this title:
  (1) ASSEMBLY- The term `Assembly' means the National Organic Assembly
  created under section 211.
  (2) ASSESSMENT- The term `assessment' means funds collected by the Board
  under section 213.
  (3) BOARD- The term `Board' means the National Organic Board established
  under section 207.
  (4) CONSUMER INFORMATION- The term `consumer information' means any action
  taken to provide information to, and broaden the understanding of, the
  general public regarding the use, environmental benefits, nutritional
  attributes, and care of organically produced agricultural products.
  (5) CERTIFYING AGENT- The term `certifying agent' means the chief executive
  officer of a State or, in a State that provides by law for the Statewide
  election of a Commissioner of Agriculture, the Commissioner of Agriculture,
  or an individual (including private entities) who is accredited by the
  Secretary as a certifying agent for the purpose of certifying a farm or
  handling operation as an organically certified farm or handling operation
  in accordance with this title.
  (6) DELEGATE BODY- The term `Delegate Body' means the Initial National
  Organic Delegate Body established under section 205.
  (7) HANDLE- The term `handle' means to sell, process, or package organically
  produced agricultural products.
  (8) HANDLER- The term `handler' means any individual in the business of
  handling organically produced agricultural products.
  (9) INDIVIDUAL- The term `individual' means any person, group of people,
  partnership, corporation, association, cooperative, or other entity.
  (10) MARKETING- The term `marketing' means the sale or other disposition
  of organically produced agricultural products in commerce.
  (11) NOMINATING STATE OFFICIAL- The term `nominating state official' means--
  (A) in the case of a State with an established organic certification program
  under title I, the individual serving as the governing State official
  (as defined in title I) of such State; or
  (B) in the case of a State without such a program--
  (i) the chief executive officer of such State; or
  (ii) if such State holds a Statewide election for the Commissioner of
  Agriculture, such Commissioner.
  (12) NATIONAL LIST- The term `National List' means the list established
  under section 111.
  (13) ORDER- The term `order' means an organic research, promotion, and
  consumer information order issued by the Secretary under section 203.
  (14) ORGANICALLY PRODUCED- The term `organically produced' means food
  that is produced using organic farming methods, as specified in title I,
  on an organically certified farm and handled by organically certified
  handling operations.
  (15) ORGANIC STANDARDS BOARD- The term "Organic Standards Board" means
  the board established under section 214.
  (16) PRODUCER- The term `producer' means an individual who produces an
  organically produced agricultural product in the United States for sale
  in commerce.
  (17) PROMOTION- The term `promotion' means any action taken under this title,
  including paid advertising, to present a favorable image for organically
  produced agricultural products to the general public with the express
  intent of improving the competitive position and stimulating the sale of
  such products.
  (18) RESEARCH- The term `research' means any type of research relating to
  organically produced agricultural products and designed to advance the
  image, desirability, marketability, or quality of organically produced
  agricultural products.
  (19) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
  (20) STATE AND UNITED STATES- The terms `State' and `United States'
  shall include each of the several States, the District of Columbia, and
  Puerto Rico.
SEC. 202. NATIONAL ORGANIC PROMOTION PROGRAM.
  (a) IN GENERAL- The Secretary shall establish a National Organic Promotion,
  Research, and Consumer Education Program to carry out the purposes described
  in subsection (b).
  (b) PURPOSES- The purposes of the National Organic Promotion, Research,
  and Consumer Education Program are--
  (1) to authorize the establishment of an orderly procedure for the
  development and financing, through an adequate assessment, of an effective
  and coordinated program of research, promotion, and consumer information
  regarding organically produced agricultural products;
  (2) to establish representative organic bodies to provide advice to the
  Secretary on all aspects of organic production under this Act, including
  the development of a National List;
  (3) to strengthen the position of the organic industry in domestic and
  foreign markets;
  (4) to maintain, develop, and expand domestic and foreign markets for
  organically grown agricultural products; and
  (5) to allow for a democratic process by which individuals who are involved
  in the organic industry may determine whether a permanent National Organic
  Promotion, Research, and Consumer Education Program should be implemented
  after 1992.
SEC. 203. ISSUANCE OF ORDERS.
  (a) IN GENERAL- The Secretary shall issue, review, and make appropriate
  amendments to organic research, promotion, and consumer information orders
  applicable to handlers and producers of agricultural products that are
  organically produced and handled in a manner that meets the requirements
  of title I.
  (b) NOTICE AND PUBLIC COMMENT- The Secretary shall publish the order
  proposed to be issued under subsection (a) and provide reasonable notice
  and an opportunity for public comment concerning such order (including
  holding such public meetings as the Secretary determines to be necessary).
  (c) SUBMISSION OF A PROPOSED ORDER OR AMENDMENT- An individual who is
  affected by this title may submit a proposal for an order or amendment or
  request an opportunity for public comment on such order or amendment as
  described in subsection (a).
  (d) INITIAL PROPOSAL- Not later than 90 days after the Secretary receives
  a proposal for an order under subsection (c), the Secretary shall comply
  with subsection (b).
  (e) FINDINGS AND ISSUANCE OF AN ORDER- After notice of, and an opportunity
  for, public comment on an order or amendment is provided under subsection
  (b), the Secretary shall issue such order or amendment if the Secretary
  determines that, on the basis of the evidence introduced by such public
  comment, the issuance of such order or amendment will further the purposes
  of this title.
  (f) EFFECTIVE DATE- An order issued under subsection (a) shall become
  effective on the date on which the final order is published in the Federal
  Register.
SEC. 204. REQUIRED TERMS OF ORDERS.
  Except as provided under section 216, an order issued by the Secretary
  under section 203 shall only contain the terms and conditions that are
  described in this title.
SEC. 205. INITIAL NATIONAL ORGANIC DELEGATE BODY.
  (a) ESTABLISHMENT- An order issued by the Secretary under section 203 prior
  to January 1, 1992, shall provide for the establishment, not later than
  120 days after the effective date of such order, of the Initial National
  Organic Delegate Body.
  (b) PURPOSE- The Initial National Organic Delegate Body shall--
  (1) elect the Initial National Organic Board and the Initial Organic
  Standards Board;
  (2) make a recommendation as to whether an organic promotion program should
  be established and implemented; and
  (3) shall provide recommendations to the Secretary concerning the
  implementation of titles I and II.
  (c) COMPOSITION-
  (1) APPOINTMENT- The Secretary shall appoint individuals to serve on the
  Delegate Body from among nominations received in accordance with this
  subsection.
  (2) LIMIT ON PARTICIPANTS- The membership of the Delegate Body shall not
  exceed 208 individuals and, to the extent practicable, shall have at least
  four members from each State.
  (3) NOMINATIONS-
  (A) RECEIPT OF NOMINATIONS- The Secretary shall only accept nominations
  for membership in the Delegate Body from a nominating State official,
  or through a written petition signed by 20 organic producers in a State.
  (B) RESIDENCY REQUIREMENT- A nominating State official or an organic
  producer in such State shall only nominate individuals who are residing
  in such State at the time of the nomination.
  (C) INVOLVEMENT IN ORGANIC PRODUCTION- Not less than 50 percent of the
  membership of the Delegate Body shall consist of individuals who--
  (i) are involved in the production and handling of organically produced
  agricultural products; and
  (ii) have derived at least 75 percent of the food-related business income
  and at least 50 percent of the total income of such individuals from food
  sold as organic or natural, for not less than a 3-year period preceding
  the appointment of such individuals to the Delegate Body.
  (D) OTHER MEMBERS- Not more than 50 percent of the membership of the
  Delegate Body shall consist of individuals who are--
  (i) retailers of organic agricultural products and certifying agents; and
  (ii) academic experts, consumers, environmental experts, and government
  officials who are experts in organic farming and processing methods.
  (4) PROCEDURES FOR WRITTEN NOMINATION PETITION- The Secretary shall establish
  and make public the procedures that shall govern the time and place for
  the filing of written petitions for nominations under paragraph (2).
  (5) APPOINTMENT- Not later than 60 days after the Secretary has received
  nominations for membership, or not later than 150 days after the effective
  date of this Act, whichever is later, the Secretary shall appoint members
  from the nominees, as provided under paragraph (2), to the Delegate Body.
  (6) INSUFFICIENT NOMINATIONS-
  (A) IN GENERAL- If the Secretary does not receive a sufficient number of
  eligible nominations from a State, the Secretary may nominate eligible
  individuals from such State for membership on the Delegate Body or, if
  the Secretary determines that there is not a sufficient number of eligible
  individuals in such State, the Secretary may waive the membership requirement
  for such State.
  (B) REVIEW OF WAIVER- The Secretary shall review the necessity for a waiver
  under subparagraph (A) on an annual basis.
  (7) VACANCIES- If a vacancy occurs on the Delegate Body, the Secretary,
  after receiving nominations from the nominating State official, shall
  appoint an individual to fill such vacancy for the remainder of the term
  of the Delegate Body.
  (c) MEETINGS- The Delegate Body shall meet at least once each year to
  conduct business, to nominate individuals for appointment to the Initial
  National Organic Board and the Initial Organic Standards Board if necessary,
  and to carry out the duties required under section 206.
  (d) TERM-
  (1) TERM OF BODY- The Delegate Body shall exist for a period not to exceed
  3 years after the appointment of the members of such Body by the Secretary
  under subsection (b).
  (2) LENGTH OF MEMBERSHIP- Each member of the Delegate Body shall serve
  for the entire term of the Delegate Body.
  (e) COMPENSATION- A member of the Delegate Body shall serve without
  compensation.
  (f) QUORUM- A majority of the members of the Delegate Body who are entitled
  to cast a vote shall constitute a quorum for the purpose of conducting
  business.
  (g) DECISIVE VOTES- A majority of the votes cast at a meeting of the
  Delegate Body at which a quorum is present shall be decisive of a motion
  or election presented to such Delegate Body for a vote.
SEC. 206. DUTIES OF THE DELEGATE BODY.
  (a) SELECTION OF MEMBERS AND CHAIRPERSON-
  (1) IN GENERAL- At the initial annual meeting, the Delegate Body shall--
  (A) elect a Chairperson;
  (B) elect 15 members of the Delegate Body who shall each serve for a 3-year
  term on the Initial National Organic Board; and
  (C) appoint, with the concurrence of the Secretary, 15 individuals who
  shall each serve for a 3-year term on the Initial Organic Standards Board.
  (2) REQUIREMENT OF MAJORITY- The election of the Chairperson and the
  membership of the Boards referred to in paragraph (1) shall be by a
  majority of the members of the Delegate Body who are present and voting
  in the initial annual meeting of such Body.
  (3) CHAIRPERSON- At each annual meeting after the initial annual meeting
  of the Delegate Body, the President of the Initial Board shall serve as
  the Chairperson of such Body.
  (b) NATIONAL LIST- The Delegate Body may make recommendations concerning
  the National List to the Initial Standards Board.
  (c) ASSESSMENTS- The Delegate Body shall recommend to the Initial Board
  and to the Secretary whether orders providing for assessments should be
  proposed in 1992.
  (d) IMPLEMENTATION- The Delegate Body shall provide recommendations to
  the Initial Board regarding the implementation of this Act.
SEC. 207. INITIAL NATIONAL ORGANIC BOARD.
  (a) DUTIES- There is established an Initial National Organic Board that
  shall--
  (1) elect a President; and
  (2) make recommendations to the Secretary regarding the implementation
  of titles I and II, including the enforcement provisions and shall
  make determinations relating to standards for the organic production of
  agricultural products and the composition of the National List.
  (b) MEMBERSHIP- The Initial Board shall--
  (1) have 15 members, of which not less than 8 such members shall be
  individuals who own or operate an organic farming operation; and
  (2) be composed of a representative geographic distribution of members.
  (c) TERM- The Initial National Organic Board shall exist for a period
  of not greater than 3 years, or until the establishment of the National
  Organic Board under section 212.
SEC. 208. INITIAL ORGANIC STANDARDS BOARD.
  (a) DUTIES- There is established an Initial Organic Standards Board that
  shall establish the proposed National List or amendments to such National
  List as provided for in section 111, and shall submit such proposals to
  the Secretary.
  (b) MEMBERSHIP- The Initial Organic Standards Board shall have 15 members
  of which--
  (1) not less than 3 shall be individuals who own or operate an organic
  farming operation;
  (2) not less than 3 shall be individuals who own or operate an organic
  handling operation;
  (3) not less than 2 shall be individuals with expertise in the areas of
  environmental protection and resource conservation;
  (4) not less than 2 shall be individuals who represent public interest or
  consumer interest organizations;
  (5) not less than 1 shall be an individual who has expertise in the field
  of agronomy; and
  (6) not less than 2 shall be individuals who have expertise in the fields
  of toxicology, ecology, or biochemistry.
  (c) TERM- The Initial Organic Standards Board shall exist for a period of
  not to exceed 3 years, or until the establishment of the Organic Standards
  Board under section 214.
SEC. 209. REFERENDUM.
  (a) IN GENERAL- After January 1, 1992, the Secretary may conduct referenda
  among producers and handlers of organic agricultural products to determine
  whether a majority of such producers and handlers favor the issuance of
  proposed orders under this title, the amendment of existing orders issued
  under this title, or the termination of existing orders issued under
  this title.
  (b) PARTICIPANTS IN REFERENDUM- The Secretary shall conduct referendum
  under this section among producers and handlers who--
  (1) are not exempt from an assessment issued under section 213;
  (2) are certified organic producers and handlers under title I; and
  (3) produced or handled organically produced agricultural products during
  a representative period as determined by the Secretary.
  (c) REQUIRED REFERENDUM- The Secretary shall conduct a referendum under
  this section prior to the issuance of any order or amendment to an order
  providing for an assessment under section 203 or for the establishment of
  the National Organic Assembly.
  (d) PUBLICATION- The Secretary shall publish the results of any referendum
  conducted under this section within a reasonable time after such referendum.
  (e) TERMINATION OF ORDER- If the referendum conducted under this section
  indicates that an order or proposed order under section 203 is not favored
  by a majority of the producers and handlers voting in such referendum,
  the Secretary shall terminate or refuse to issue such order.
  (f) CONFIDENTIALITY- The Secretary shall hold the ballots and other
  information or reports that reveal, or tend to reveal, the vote of any
  individual under this section in strict confidence.
  (g) SUBSEQUENT REFERENDA- Not later than 90 days after the receipt of a
  petition requesting a referendum under this section by a majority of the
  producers and handlers of at least two States who have been certified as
  organic producers and handlers, the Secretary shall conduct such referendum
  as provided for in this section.
  (h) DISAPPROVAL OF ORDER- If an order providing for the collection of an
  assessment is disapproved in a referendum conducted under this section,
  the National Organic Board shall cease collecting such assessments the
  first day of the first month after such referendum is conducted or within
  20 days after such referendum is conducted, whichever is later.
SEC. 210. ESTABLISHMENT OF NATIONAL ORGANIC ASSEMBLY.
  (a) IN GENERAL- An order issued by the Secretary under section 203 after
  the end of the term of the Delegate Body shall provide for the election,
  in accordance with this section, and establishment not later than 120 days
  after the date of such order, of the National Organic Assembly.
  (b) ELECTION-
  (1) CONDUCTED BY SECRETARY- The Secretary shall conduct the election
  required under subsection (a).
  (2) COORDINATION WITH STATES- The Secretary may conduct an election
  under this subsection in coordination with nominating State officials and
  certifying agents.
  (3) ELIGIBLE TO VOTE- Individuals who own or operate certified organic
  farming or handling operations under title I shall be eligible to vote in
  any election conducted under this section.
  (c) COMPOSITION OF ASSEMBLY-
  (1) MEMBERSHIP- The election carried out under this section shall, to the
  extent practicable, provide for elected membership in the Assembly from
  among persons who are--
  (A) producers who operate farms or handling operations that are certified
  by the applicable governing State official as organic under title I; and
  (B) certifying agents or academic experts, consumers, or government officials
  specializing in organic farming and handling methods, as determined by
  the Secretary.
  (2) NUMBER OF MEMBERS WHO ARE PRODUCERS AND HANDLERS- To the extent
  practicable, the Assembly--
  (A) shall be comprised of at least two representatives from each State
  who are producers and handlers; and
  (B) may have additional representatives from each State who are appointed by
  the Secretary from nominations received from the nominating State official
  on the basis of shares assigned to each State under paragraph (3).
  (3) CALCULATION OF SHARES-
  (A) INITIAL PERIOD- For the 4-year period immediately following the date
  on which the Delegate Body is terminated, shares shall be assigned under
  paragraph (2)(B) on the basis of one share for each dollar value of farm
  market value of organically produced goods marketed from such State,
  as determined by the Secretary based on the preceding calendar year and
  rounded to the nearest dollar.
  (B) SUBSEQUENT PERIOD- For each 4-year period subsequent to the period
  referred to in subparagraph (A), such shares shall be assigned on the
  basis of one share for each $1,000 of the average aggregate amount of
  assessments collected (minus refunds) under section 213 in such State from
  individuals described in section 213, rounded to the nearest $1,000 during
  the immediately preceding 4-year period.
  (C) ASSIGNMENT BASED ON SHARES- If the number of shares of a State under
  this paragraph is--
  (i) more than 1,000 but less than 50,000, the Secretary shall appoint no
  more than three producers to be members of the Assembly for such State; or
  (ii) more than 50,000, the Secretary shall appoint no more than four
  producers to be members of the Assembly for such State.
  (4) NONPRODUCER MEMBERS- The Assembly shall, subject to paragraph (5),
  be comprised of no more than two individuals who are nonproducers from
  each State.
  (5) MAKEUP OF ASSEMBLY-
  (A) CERTIFIED ORGANIC PRODUCERS- Not less than 50 percent of the membership
  of the Assembly shall consist of individuals who own or operate farms or
  handling operations that are certified as organic under title I.
  (B) OTHER MEMBERS- Not more than 50 percent of the membership of the
  Delegate Body may be individuals who are academic experts, consumers, or
  government officials specializing in organic farming and processing methods.
  (d) INSUFFICIENT MEMBERSHIP-
  (1) IN GENERAL- If there is not a sufficient number of eligible individuals
  elected to the Assembly from a State under this section, the Secretary
  may nominate eligible individuals from such State for membership on the
  Assembly or, if the Secretary determines that there is not a sufficient
  number of individuals who are eligible for nominations in such State,
  the Secretary may waive the membership requirement for such State.
  (2) STATES WITHOUT AN ORGANIC CERTIFICATION PROGRAM-
  (A) IN GENERAL- If a State has not implemented an organic certification
  program as provided in title I, or if the Secretary has not approved
  any certifying agent to certify organic farming or handling operations,
  the Secretary may appoint not to exceed one individual from such State to
  the Assembly.
  (B) QUALIFICATION OF APPOINTED INDIVIDUAL- An individual appointed
  under subparagraph (A) shall be engaged in the production or handling of
  agricultural products produced using organic methods, or shall be considered
  to be an expert in organic farming methods.
  (C) NOMINATING PROCEDURE- If, during any term of the Assembly, such
  State establishes an organic certification program under title I, or the
  Secretary approves a certifying agent for such State, the Secretary shall
  establish an election procedure consistent with this section to provide
  for representation of such State in the Assembly.
  (D) TERM OF MEMBERSHIP- The term of members of the Assembly appointed under
  this subparagraph shall parallel the terms of members of the Assembly as
  referred to in subsection (a).
  (3) REVIEW OF WAIVER- The Secretary shall review a waiver granted under
  paragraph (2), on an annual basis.
  (e) VACANCY- If a vacancy occurs on the Assembly, the Secretary, after
  receiving nominations from the nominating State official, shall appoint
  an individual to fill such vacancy for the remainder of the term of the
  original member.
  (f) MEETINGS- The Assembly shall meet annually to conduct business, to
  nominate individuals for appointment to the National Organic Board and the
  Organic Standards Board (if necessary), and for other purposes as provided
  for in section 211.
  (g) TERM- A member of the Assembly shall serve for a term of 4 years,
  except that the term of such member shall continue until the successor of
  such member, if any, is appointed in accordance with this section.
  (h) COMPENSATION- A member of the Assembly shall serve without compensation.
  (i) DISQUALIFICATION- If a member or alternate of the Assembly ceases
  to meet the eligibility requirements provided for in this section,
  as determined by the Secretary, such member shall be disqualified from
  serving on the Assembly.
  (j) QUORUM- A majority of the members of the Assembly who are entitled to
  cast a vote on the Delegate Body shall constitute a quorum for the purpose
  of conducting business.
  (k) DECISIVE VOTES- A majority of the votes cast at a meeting of the
  Assembly at which a quorum is present shall be decisive of a motion or
  election presented to the Assembly for a vote.
SEC. 211. DUTIES OF NATIONAL ORGANIC ASSEMBLY.
  (a) INITIAL MEETING- At the initial meeting of the Assembly, such Assembly
  shall--
  (1) elect a Chairperson; and
  (2) elect 15 members of the Assembly, who shall each serve for a 3 year
  term on the Initial National Organic Board; and
  (3) appoint, with the concurrence of the Secretary, 15 individuals who
  shall each serve for a 3 year term on the Organic Standards Board.
  (b) MAJORITY REQUIREMENT- The election of the Chairperson of the Assembly
  and the members of the Boards shall be by a majority of the members who are
  present and voting in the meeting of the Assembly at which such election
  is made.
  (c) CHAIRPERSON- At each meeting after the initial meeting, the President
  of the Board shall serve as the Chairperson of the Assembly.
  (d) RECOMMENDATIONS OF ASSEMBLY- The Assembly shall--
  (1) make recommendations concerning the rate of assessment prescribed by
  the order and any increase in such rate pursuant to section 213;
  (2) determine the percentage of the aggregate amount of assessments
  collected in a State that such State shall receive under section 213;
  (3) recommend to the Organic Standards Board and to the Secretary changes in
  the standards, including the composition of the National List, that serve as
  the basis for determining organically grown production methods and products;
  (4) elect members to serve on the Board and appoint individuals to serve
  on the Organic Standards Board (with the concurrence of the Secretary)
  on the expiration of the terms of members of such Boards; and
  (5) recommend to the National Organic Board research and promotion activities
  to be carried out under this title.
SEC. 212. NATIONAL ORGANIC BOARD.
  (a) DUTIES- The National Organic Board shall provide recommendations to
  the Secretary regarding the implementation of this Act.
  (b) MEMBERSHIP- The National Organic Board shall--
  (1) be composed of 15 members, of which not less than eight shall be
  individuals who own or operate a certified organic farming operation; and
  (2) have a representative geographic distribution of members.
  (c) TERM- The members of the National Organic Board shall serve for a
  period of 4 years. A member may be re-elected to serve on the National
  Organic Board.
  (d) ACTIONS OF BOARD- The National Organic Board shall--
  (1) select a President;
  (2) administer orders issued by the Secretary under section 203, and
  amendments to such orders, in accordance with such orders and consistent
  with this title;
  (3) prescribe rules and regulations to effectuate such orders;
  (4) receive, investigate, and report to the Secretary any accounts of
  violations of such orders;
  (5) make recommendations to the Secretary with respect to amendments that
  should be made to such orders; and
  (6) employ a manager and staff.
  (e) BUDGET AND PLAN-
  (1) BUDGET-
  (A) DEVELOPMENT- The National Organic Board shall prepare and submit to the
  Secretary a budget, on a fiscal period basis as determined appropriate by
  the Secretary, of the anticipated expenses and disbursements of the Board
  in the administration of the order, including probable costs of research,
  promotion, and consumer information.
  (B) EFFECTUATION- A budget under subparagraph (A) shall become effective
  on the approval of the Secretary.
  (2) PLAN-
  (A) IN GENERAL- Each budget, as referred to in paragraph (1), shall include a
  plan for research, promotion, and consumer information regarding organically
  produced agricultural products.
  (B) EFFECTUATION- Such plan shall take effect on the approval of the
  Secretary.
  (f) CONTRACTS AND AGREEMENTS- The Board may enter into contracts and
  agreements, with the approval of the Secretary, for--
  (1) the development and implementation of plans under subsection (c); and
  (2) the payment of the cost of such plan with funds collected under
  section 213(c).
  (g) COMPENSATION- A member of the Board shall serve without compensation,
  but may be reimbursed by the Board from assessments for transportation
  expenses incurred in performing duties as a member of the Board.
  (h) VOTING RESTRICTION- Members of the Board who are not owners or
  operators of certified organic farming or handling operations shall not
  vote on matters respecting the use of assessments collected under this title.
SEC. 213 ASSESSMENTS.
  (a) IN GENERAL- An order issued after the termination of the Delegate Body
  shall provide that an assessment shall be paid in the manner prescribed
  in the order.
  (b) IMPOSITION- The order, as referred to in subsection (a), shall
  provide for the imposition and collection of assessments with regard to
  the production and handling of organically produced agricultural products
  as follows:
  (1) PRODUCERS- Producers of agricultural products labeled as being
  organically produced under title I shall pay annual assessments--
  (A) with respect to producers who sell over $50,000 worth of organically
  produced agricultural products during each calendar year, based on the
  average sales from the immediately preceding 3 years as determined by the
  Secretary, of $100; and
  (B) with respect to producers who sell under $50,000 worth of organically
  produced agricultural products during each calendar year, based on the
  average sales from the immediately preceding 3 years as determined by the
  Secretary, of $50.
  (2) HANDLERS- Individuals who operate handling operations that are
  certified as organic handling operations under title I and who are the
  first handlers of the organically produced agricultural products shall
  pay an annual assessment--
  (A) with respect to handlers who market or process over $50,000 worth of
  organically produced agricultural products during each calendar year based
  on the average sales from the immediately preceding 3 years as determined
  by the Secretary, of $100; and
  (B) with respect to handlers who market or process under $50,000 worth
  of organically produced agricultural products during each calendar year,
  based on the average sales from the immediately preceding 3 years, as
  determined by the Secretary, of $50.
  (c) COLLECTION OF ASSESSMENT- Except as provided in paragraph (4), the
  first handler of organically produced agricultural products shall--
  (1) be responsible for the collection and payment to the Board, of producer
  and handler assessments under this section; and
  (2) maintain a separate record of the agricultural products of each producer
  handled by such handler, including the organically produced agricultural
  products grown by such handler.
  (d) PRODUCER AND HANDLER- For purposes of subsection (c), an individual
  who is both a producer and a handler shall be considered the first handler
  of agricultural products produced by such individual.
  (e) SUPPLEMENTAL ASSESSMENT-
  (1) IN GENERAL- Subject to the recommendations of the Board and approval
  in a referendum as provided for in section 216, the Secretary may issue
  an amendment to an order stating that, in each calendar year, the rate of
  an assessment under this section shall be supplemented by an additional
  amount to be collected or paid as provided in this section.
  (2) AMOUNT OF ASSESSMENT- An additional amount under paragraph (1) shall
  not exceed 0.25 percent of the value of organically produced agricultural
  products sold by individuals from organically certified farms.
  (f) ESTABLISHMENT OF ESCROW ACCOUNT- The Board shall hold a sufficient
  portion of the assessments in escrow to ensure that all requests for
  refunds under section 221 may be honored.
  (g) EXEMPTION- An individual is exempt from an assessment under this
  section if such individual is--
  (1) a producer who produces less than $5,000 of organically produced
  agricultural products per year; or
  (2) a handler who handles less than $5,000 of organically produced
  agricultural products per year.
  (h) CLAIMING AN EXEMPTION- To claim an exemption under subsection (f)
  for a particular year, an individual shall prepare and submit, to the
  Board, an application that contains a description of the basis for such
  exemption and a certification that such individual will not exceed the
  limitation required under subsection (e) in the calendar year in which
  such application is submitted.
  (i) USE OF ASSESSMENTS-
  (1) IN GENERAL- An order issued by the Secretary under section 203 shall
  provide that funds paid to the Board as assessments--
  (A) may be used by the Board--
  (i) to pay for research, promotion, and consumer information described in
  the budget of the Board and for other expenses incurred by the Board in
  the administration of an order;
  (ii) to pay such other expenses for the administration, maintenance,
  and functioning of the Board and the Organic Standards Board as may be
  authorized by the Secretary; and
  (iii) to fund a reserve established under section 212(5); and
  (B) except as provided in subsection (i), shall be used to pay the expenses
  incurred by the Secretary, including expenses of government employees in
  implementing and administering the order.
  (j) REIMBURSEMENT- An order issued by the Secretary under section 203 after
  January 1, 1992, shall provide that the Board shall reimburse the Secretary,
  from assessments, for any expenses incurred by the Secretary in conducting
  referenda under this title, except for the salaries of government employees
  who carry out such referenda.
  (k) FALSE CLAIMS- An order issued by the Secretary under section 203 shall
  provide that any promotion of organically produced agricultural product
  funded with assessments shall not make--
  (1) any false or unwarranted claims on behalf of organically produced
  agricultural products; and
  (2) any false or unwarranted statements with respect to the attributes or
  use of any product that competes with organically produced agricultural
  products for sale in commerce.
  (l) PROHIBITION ON USE OF FUNDS- An order issued under section 203 shall
  provide that funds collected by the Board through assessments shall not,
  in any manner, be used for the purpose of influencing legislation or
  governmental policy or action, except for making recommendations to the
  Secretary as provided for in this Act.
  (m) BOARD RECORDS AND REPORTS-
  (1) BOARD- An order issued under section 203 shall require the Board--
  (A) to maintain books and records with respect to the receipt and
  disbursement of funds received by the Board through assessments collected
  under this section;
  (B) to submit to the Secretary such reports as the Secretary may require
  for appropriate accounting; and
  (C) to submit to the Secretary at the end of each fiscal year a complete
  audit report regarding the activities of the Board during such fiscal year.
  (2) HANDLERS- In order to provide information and data to the Board and
  the Secretary that is appropriate or necessary for the effectuation,
  administration, or enforcement of this title or any order or regulation
  issued under this title, such order shall require handlers who are
  responsible for the collection of assessments under this section--
  (A) to maintain and make available for inspection by the Secretary such
  books and records as may be required by the order; and
  (B) to file reports, at the times, in the manner, and having the content
  prescribed by the order, that concern the collection of such assessments.
  (n) CONFIDENTIALITY-
  (1) IN GENERAL- An order issued under section 203 shall require that
  all information obtained pursuant to subsection (h)(2) shall be kept
  confidential by all officers and employees of the Department of Agriculture
  and of the Board.
  (2) DISCLOSURE- The Secretary shall only disclose such information--
  (A) the Secretary considers relevant in a lawsuit; or
  (B) in the course of an administrative hearing brought at the request of
  the Secretary or to which the Secretary or any officer of the United States
  is a party, involving the order with respect to which such information
  was furnished or acquired.
  (3) NONCONFIDENTIAL INFORMATION- The Secretary may--
  (A) issue general statements based on the reports of a number of producers
  and handlers if such statements do not identify any individual who provides
  such information; or
  (B) publish the name of any individual violating an order issued by the
  Secretary under section 203 along with a statement of the particular
  provisions of the order violated by such individual.
SEC. 214. ORGANIC STANDARDS BOARD.
  (a) DUTIES- The Organic Standards Board shall establish the proposed
  National List or amendments to such National List as provided in section
  111 and shall submit such proposals to the Secretary.
  (b) MEMBERSHIP- The Organic Standards Board shall be comprised of 15 members,
  of which--
  (1) not less than 3 shall be individuals who own or operate a certified
  organic farming operation;
  (2) not less than 3 shall be individuals who own or operate a certified
  organic handling operation;
  (3) not less than 2 shall be individuals with expertise in the areas of
  environmental protection and resource conservation;
  (4) not less than 2 shall be individuals who represent public interest or
  consumer interest organizations;
  (5) not less than 1 shall be an individual who has expertise in the field
  of agronomy; and
  (6) not less than 2 shall be individuals who have expertise in the fields
  of toxicology, ecology, or biochemistry.
  (c) TERM- The members of the Organic Standards Board shall serve for a
  period of not to exceed 4 years. Such members may be reappointed to serve
  on the Organic Standards Board.
  (d) DISAPPROVAL OF ORDER-
  (1) APPOINTMENT BY SECRETARY- If a majority of those voting in the
  referendum conducted under section 209(c) do not favor the establishment
  of the National Assembly, the Secretary shall appoint the members of the
  Organic Standards Board in accordance with the provisions of this section.
  (2) RESPONSIBILITIES- The Organic Standards Board established under this
  subsection shall have the duties and responsibilities as specified in this
  section and section 215.
  (3) OTHER TERMS AND CONDITIONS- The Secretary may authorize the Organic
  Standards Board established under this subsection to hire a manager
  and staff and may, in accordance with relevant Appropriations Acts, pay
  necessary expenses incurred by such Organic Standards Board in carrying
  out the provisions of this title, as determined by the Secretary.
SEC. 215. PROPOSED NATIONAL LIST.
  (a) IN GENERAL- The Organic Standards Board (or the Initial Organic Standards
  Board) shall develop the proposed national list or proposed amendments to the
  National List for submission to the Secretary in accordance with section 111.
  (b) CONTENT OF PROPOSED LIST-
  (1) ITEMIZATION OF SUBSTANCES- The proposed list referred to in subsection
  (a) shall contain an itemization of--
  (A) specific synthetic substances that may be used in the production and
  handling of agricultural products labeled as organically produced under
  title I, even though the use of such substances is prohibited elsewhere
  in title I; or
  (B) specific natural substances that shall not be used in the production
  and handling of agricultural products labeled as organically produced
  under title I, even though the use of such substances would be allowed
  under other provisions of title I.
  (2) SPECIFIC USES- An exemption under paragraph (1)(A) or prohibition
  under paragraph (1)(B) with respect to a specific synthetic or natural
  substance may be limited to a specific use of such substance in a farming
  or handling operation.
  (c) GUIDELINES FOR PROHIBITIONS OR EXEMPTIONS-
  (1) EXEMPTION FOR PROHIBITED SUBSTANCES- The proposed national list
  may provide for the use of substances in an organic farming or handling
  operation that are otherwise prohibited under title I only if--
  (A) the Organic Standards Board determines that the use of such substances--
  (i) would not be harmful to human health or the environment;
  (ii) is necessary to the production or handling of the crop because of
  the unavailability of wholly natural substitute products; and
  (iii) is consistent with organic farming; and
  (B) the specific exemption is developed in accordance with this section.
  (2) PROHIBITION OF USE OF SPECIFIC NATURAL SUBSTANCES- The proposed
  national list may provide for the prohibition on the use of specific
  natural substances in an organic farming or handling operation that are
  otherwise allowed under this title only if--
  (A) the Organic Standards Board determines that the use of such substances--
  (i) would be harmful to human health or the environment; and
  (ii) is inconsistent with organic farming and the purposes of this title; and
  (B) the specific prohibition is developed in accordance with this section.
  (d) REQUIREMENTS- In establishing the proposed national list or proposed
  amendments to the National List, the Organic Standards Board shall--
  (1) review available information from the Environmental Protection Agency,
  the National Institute of Environmental Health Studies, and such other
  sources as appropriate, concerning the human and environmental toxicity
  of substances considered for inclusion in the proposed national list;
  (2) work with manufacturers of substances considered for inclusion in the
  proposed national list to determine whether such substances contain inert
  materials that are synthetically produced; and
  (3) submit to the Secretary, along with the proposed national list or any
  proposed amendments, the results of the Organic Standards Board evaluation
  of all substances considered for inclusion in the National List.
  (e) EVALUATION- In evaluating substances considered for inclusion in the
  proposed national list or proposed amendments to the National List, the
  Organic Standards Board shall determine--
  (1) the potential of such substances for detrimental chemical interactions
  with other materials used in organic farming systems;
  (2) the toxicity and mode of action of the substance and of its breakdown
  products or any contaminants, and their persistence and areas of
  concentration in the environment;
  (3) the probability of environmental contamination during manufacture,
  use, or misuse of such substance;
  (4) the effects of the substance on human health;
  (5) the effects of the material on biological and chemical interactions
  in the agroecosystem, including the physiological effects of the substance
  on soil organisms (including consideration of salt index and solubility),
  crops, and livestock;
  (6) the alternatives to using the substance in terms of practices or other
  available materials; and
  (7) its compatibility with a system of sustainable agriculture.
  (f) PETITIONS- The Organic Standards Board shall establish procedures
  under which individuals may petition the Organic Standards Board for the
  purpose of evaluating substances for inclusion on the National List.
  (g) REVIEW-
  (1) EVERY 4 YEARS- The Organic Standards Board shall review each substance
  included as an exemption or prohibition on the National List at least
  once during each 4-year period beginning on the date such substance was
  initially included on the National List or on the date of the last review
  of such substance under this subsection.
  (2) SUBMISSION TO SECRETARY- The Organic Standards Board shall submit
  the results of a review under paragraph (1) to the Secretary with a
  recommendation as to whether such substance should continue to be included
  on the National List.
  (h) CONFIDENTIALITY- Any business sensitive material obtained by the Organic
  Standards Board (or the Initial Organic Standards Board) in carrying out
  this section shall be treated as confidential information by such Board
  and shall not be released to the public.
SEC. 216. PERMISSIVE TERMS OF ORDERS.
  On the recommendation of the Board and with the approval of the Secretary,
  an order issued by the Secretary under section 203 may--
  (1) require that, with respect to any Federal marketing order issued
  regarding organically produced agricultural products, that--
  (A) is in effect prior to the date of the enactment of this title; and
  (B) the Secretary determines is comparable to an order issued under
  this title;
there shall be paid to the Board, as provided for in section 213, that portion
of the assessment under such section that is greater than the assessment,
if any, paid on the organically produced agricultural products pursuant to
such other marketing order;
  (2) provide authority to the Board to designate different producer and
  handler payment and reporting schedules to recognize differences in
  production and handling practices and procedures among producers and
  handlers;
  (3) permit the Board to convene working groups made up of producers,
  handlers, or the general public to assist in the development of research,
  marketing, and standards programs for organically produced agricultural
  products;
  (4) permit the Board to accumulate reserve funds from assessments collected
  under section 213 to permit an effective and continuous coordinated
  program of research, promotion, and consumer information in years in which
  production and assessment income may be reduced, except that any reserve
  fund so established shall not exceed the amount budgeted for operation of
  this title for 1 year;
  (5) permit the Board to use, with the approval of the Secretary, funds
  collected under section 213 for the development and expansion of organically
  produced agricultural product sales in foreign markets;
  (6) permit the Organic Standards Board to employ a manager and a staff; and
  (7) provide for terms and conditions--
  (A) incidental to, and not inconsistent with, the terms and conditions
  described in this title; and
  (B) necessary to effectuate such order.
SEC. 217. PETITION AND REVIEW.
  (a) PETITION-
  (1) IN GENERAL- An individual who is subject to an order under this title
  may prepare and submit to the Secretary, within a period prescribed by
  the Secretary, a written petition--
  (A) stating that such order, a provision of such order, or an obligation
  imposed in connection with such order is not in accordance with the law; and
  (B) requesting a modification of the order or an exemption from such order.
  (2) HEARING- The Secretary shall promulgate regulations to permit an
  individual, who submits a petition under paragraph (1), an opportunity
  for a hearing on such petition.
  (3) REVIEW- After the hearing described in paragraph (2), the Secretary
  shall make a ruling on the petition that shall be subject to review under
  subsection (b).
  (b) REVIEW-
  (1) COMMENCEMENT OF ACTION- Not later than 30 days after the date that a
  ruling is made under subsection (a)(3), an individual may obtain a review
  of such ruling by initiating a civil action in the district court of the
  United States for the district in which such individual--
  (A) resides; or
  (B) carries on business related to the subject matter of such action.
  (2) PROCESS- In civil action under this section, service of process may be
  made on the Secretary by delivering a copy of the complaint to the Secretary.
  (3) REMANDS- If the district court, as referred to in paragraph (1),
  determines that such ruling is not in accordance with law, such court
  shall remand the proceedings to the Secretary with directions--
  (A) to make a ruling as such court shall determine to be in accordance
  with law; or
  (B) to take such further proceedings as, in the opinion of such court,
  the law requires.
  (4) ENFORCEMENT- The pendency of proceedings instituted pursuant to this
  subsection shall not impede, hinder, or delay the United States or the
  Secretary from obtaining relief pursuant to section 214.
SEC. 218. ENFORCEMENT.
  (a) JURISDICTION- Each district court of the United States shall be vested
  with jurisdiction to enforce, and to prevent and restrain any individual
  from violating, any order or regulation made or issued under this title.
  (b) REFERRAL TO ATTORNEY GENERAL-
  (1) GENERAL RULE- Except as provided for in paragraph (2), if the Secretary
  is involved in a civil action under section 213, the Secretary shall refer
  the facts relating to such action to the Attorney General for appropriate
  action.
  (2) EXCEPTION- Notwithstanding paragraph (1), the Secretary shall not refer a
  violation of this title to the Attorney General if the Secretary determines
  that the administration and enforcement of the order or regulation that is
  involved in such violation would be adequately served by administrative
  action under subsection (c) or by providing a suitable written notice or
  warning to an individual committing such violation.
  (c) CIVIL PENALTIES AND ORDERS-
  (1) CIVIL PENALTIES- The Secretary may assess a civil penalty fine of
  not less than $500 nor more than $5,000 for each instance in which an
  individual violates any order or regulation issued by the Secretary under
  this title or fails or refuses to pay, collect, or remit any assessment
  or fee required of the individual under such order or regulation. Each
  violation shall be considered as a separate offense.
  (2) CEASE-AND-DESIST ORDERS- In addition to, or in lieu of, a civil
  penalty under paragraph (1), the Secretary may issue an order requiring
  an individual to cease and desist from continuing a violation.
  (3) NOTICE AND HEARING- The Secretary shall not assess a civil penalty
  or issue a cease-and-desist order under this subsection applicable to any
  individual unless the Secretary provides such individual with notice and
  an opportunity for a hearing before the Secretary with respect to such
  violation.
  (4) FINALITY- The decree of the Secretary assessing a civil penalty or
  imposing a cease-and-desist order on any individual under this subsection
  shall be final and conclusive unless such individual files an appeal of
  such decree with the appropriate United States Court of Appeals.
  (d) REVIEW BY COURT OF APPEALS-
  (1) COMMENCEMENT OF ACTION- Any individual, against whom a violation as
  referred to in subsection (c)(1) is found and a civil penalty assessed or
  cease-and-desist order issued under subsection (c), may obtain review of
  such penalty or order by--
  (A) filing, not later than 30 days from the date on which such penalty is
  assessed or order issued, a notice of appeal in--
  (i) the United States Court of Appeals for the circuit in which such
  individual resides or carries on business; or
  (ii) the United States Court of Appeals for the District of Columbia; and
  (B) simultaneously sending a copy of such notice by certified mail to
  the Secretary.
  (2) RECORD- The Secretary shall promptly file the record on which such
  violation under paragraph (1) was found in the court selected under paragraph
  (1)(A).
  (3) STANDARD OF REVIEW- The court referred to under paragraph (1)(A) shall
  set aside the findings of the Secretary only if such court determines that
  such findings are unsupported by substantial evidence.
  (e) FAILURE TO OBEY ORDER-
  (1) IN GENERAL- The Secretary may assess a civil penalty fine, of not
  more than $500 for each violation described under subsection (c)(1),
  to an individual who fails to obey a cease-and-desist order issued under
  subsection (c) after--
  (A) such order has become final and unappealable or after the appropriate
  Court of Appeals has entered a final judgment in favor of the Secretary; and
  (B) after opportunity for a hearing and for judicial review under the
  procedures described in subsections (c) and (d).
  (2) CONTINUING OFFENSE- Each day during which an individual fails to obey
  a cease-and-desist order shall be considered as a separate offense.
  (f) FAILURE TO PAY PENALTIES-
  (1) IN GENERAL- If an individual fails to pay an assessment of a civil
  penalty under subsection (c)(1), after such assessment has become a final
  and unappealable order or after the appropriate United States Court of
  Appeals has entered final judgment in favor of the Secretary, the Secretary
  shall refer such failure to pay to the Attorney General for recovery of the
  amount of such penalty in an appropriate district court of the United States.
  (2) REVIEW OF FINAL ORDER- In a recovery action described under paragraph
  (1), the validity and appropriateness of the final order imposing such
  civil penalty shall not be subject to review.
SEC. 219. INVESTIGATIONS AND POWER TO SUBPOENA.
  (a) IN GENERAL- The Secretary may make such investigations as the Secretary
  considers necessary--
  (1) to carry out the responsibilities of the Secretary under this title; and
  (2) to determine whether an individual has engaged in any practices that
  constitute a violation of this title, or any plan, rule, or regulation
  issued by the Secretary under this title.
  (b) ADMINISTRATION- For the purpose of an investigation under subsection (a),
  the Secretary may administer oaths and affirmations, subpoena witnesses,
  compel the attendance of such witnesses, take evidence, and require the
  production of any books, papers, and documents that are relevant to such
  investigation.
  (c) SUBPOENA-
  (1) IN GENERAL- To carry out subsection (b), the Secretary may compel the
  attendance of witnesses and the production of any such records through
  subpoena.
  (2) REFUSAL TO OBEY SUBPOENA-
  (A) REQUEST FOR AID- If an individual refuses to obey a subpoena issued
  to such individual, the Secretary may invoke the aid of any court of
  the United States within the jurisdiction in which such investigation or
  proceeding is carried out, or in which such individual resides or carries
  on business, in requiring the attendance and testimony of such individual
  and the production of applicable books, papers, and documents.
  (B) AUTHORITY OF COURT- The court under subparagraph (A) may issue an order
  requiring such individual to appear before the Secretary, produce records
  if ordered to do so by the Secretary, or to give testimony concerning the
  matter under investigation.
  (C) CONTEMPT- The court under subparagraph (A) may punish an individual who
  fails to obey an order issued under subparagraph (B) for contempt of court.
  (d) SERVICE OF PROCESS- Service of process to an individual in any action
  to enforce this section may be served in the judicial district in which
  such individual resides or wherever such individual may be found.
  (e) JURISDICTION- A hearing held under this section shall be located within
  the judicial district where the individual who is to provide evidence
  resides or has a principal place of business.
SEC. 220. REFUND OF ASSESSMENTS.
  (a) IN GENERAL- Notwithstanding any other provision of this title, a
  producer or handler of organically produced agricultural products against
  whom an assessment is made and collected under this title and who does not
  support the research and promotion program as described in this title,
  may receive from the National Organic Board a refund of any assessment
  paid under this title.
  (b) TIME PERIOD FOR RECEIVING REFUNDS- Refunds referred to in subsection
  (a), shall be made on a monthly basis by the Board. A request for such
  refund shall not include a request for a refund for any period in excess
  of the immediately preceding 3 months prior to such request.
  (c) REQUEST TO RECEIVE REFUND- An individual requesting a refund under
  this section shall--
  (1) make a written request for such refund in a manner as shall be prescribed
  by the Secretary;
  (2) make such request not later than 60 days after the end of any month
  during which such individual paid an assessment under this title and with
  respect to which the producer is requesting such refund; and
  (3) submit satisfactory proof that such individual paid the assessment
  for which a refund is requested, as determined by the Board.
  (d) PROVIDING REFUND- Not later than 90 days after receiving a request
  under subsection (c), the Board shall make any refund requested available
  to the individual making such request.
  (e) SURPLUSES- The Secretary shall release any funds that are not refunded
  under this section in order to carry out this Act.
  (f) REFUNDS UPON DISAPPROVAL OF ORDER- If an order providing for the
  collection of assessments is terminated, the assessments collected from
  producers and handlers prior to such termination that have not been expended
  shall be refunded on a pro rata basis to eligible producers and handlers,
  after a deduction for a proportionate amount of the expenses incurred by the
  Secretary and the agency of government that assists in the administration
  of such order, when the order terminating the program established by this
  title is published by the Secretary.
SEC. 221. SUSPENSION AND TERMINATION.
  (a) DETERMINATIONS OF SECRETARY- If the Secretary determines that an order
  issued under section 203 obstructs or does not effectuate the purposes of
  this title, the Secretary shall terminate or suspend the operation of such
  order or provision.
  (b) PERIODIC REPORTS- The Secretary may periodically conduct a referendum
  to determine if organic producers and handlers support the continuation,
  termination, or suspension of any order issued under section 203 and in
  effect at the time of such referendum.
SEC. 222. REGULATIONS.
  The Secretary may promulgate such regulations as are necessary to carry
  out this title.
SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
  (a) IN GENERAL- There are authorized to be appropriated for each fiscal
  year such sums as may be necessary to carry out this title.
  (b) ADMINISTRATIVE EXPENSES- The funds appropriated under subsection (a)
  shall not be available for payment of the expenses or expenditures of the
  Board in administering an order issued under this title.
TITLE III--LOW INPUT LABEL DEMONSTRATION PROGRAM
SEC. 301. DEFINITIONS.
  As used in this Act:
  (1) PROGRAM- The term `Program' means the National Low Input Demonstration
  Program established under section 302(a).
  (2) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
  (3) STATE- The term `State' means each of the several States, the District
  of Columbia, and Puerto Rico.
  (4) TRANSITION FARM- The term "transition farm" means a farm that meets
  all of the standards required under title I and the applicable State
  program but that has not yet met the 3 year requirement to be certified
  as an organic farm.
SEC. 302. NATIONAL LABEL DEMONSTRATION PROGRAM.
  (a) IN GENERAL- The Secretary shall establish a National Low Input Label
  Demonstration Program for the purposes described in subsection (b).
  (b) PURPOSES- The purpose of the Program is--
  (1) to recognize that many farmers have substantially reduced the use of
  chemical inputs and have adopted sustainable methods of farming;
  (2) to authorize the establishment of a grant program for States to explore
  the ramifications of establishing a low input label for agricultural products
  produced using low input sustainable agriculture methods of production;
  (3) to provide a labeling option for farmers who are in transition from
  traditional to organic farming systems;
  (4) to evaluate the impact that a low input label and a transition label
  would have on consumer purchasing decisions and organic markets; and
  (5) to assess whether the availability of a low input label and a transition
  label would provide a significant incentive to motivate farmers to adapt
  more sustainable agricultural practices.
SEC. 303. ADMINISTRATION.
  (a) GRANT PROGRAM- The Secretary shall make a grant from amounts appropriated
  under section 306 to not less than 4 States that--
  (1) have implemented a State organic certification program under title I;
  (2) can designate a limited marketing area within the State in which the
  label established under this title could be used and controlled;
  (3) submit a competitive proposal that meets the requirement established
  by the Secretary for conducting the Program; and
  (4) will carry out a Program under this title.
  (b) PREFERENCE- In making grants under subsection (a), the Secretary
  shall give preference to any State that will assist in the development
  and implementation of the Program by making funds or other resources of
  such State available for use in the Program.
  (c) RESPONSIBILITIES OF RECIPIENT- Each State recipient of a grant under
  subsection (b) shall--
  (1) design a demonstration project that meets the requirements of the
  Secretary;
  (2) designate farming operations eligible to participate in the Program
  as low input sustainable farms, as determined and approved by the panel
  of experts established by section 1466(1) of the Food Security Act of 1985
  (7 U.S.C. 4706(1));
  (3) designate farming operations eligible to participate as transition farms;
  (4) authorize the sale of the products of the sustainable farms designated
  under paragraphs (2) and (3) in retail establishments in such State; and
  (5) prepare and submit a final report as required by section 305.
SEC. 304. ESTABLISHMENT OF LABELS.
  (a) IN GENERAL- The Secretary shall establish two experimental labels to
  be affixed to agricultural products that have been produced on low input
  sustainable farms and transition farms designated for participation in
  the Program.
  (b) CONTENT OF LABELS- The Secretary shall establish--
  (1) a label that states that an agricultural product has been `produced on a
  LISA farm' and which that bear the seal of the Department of Agriculture; and
  (2) a label that states that an agricultural product has been produced in
  `transition to organic' and that shall bear the seal of the Department
  of Agriculture.
  (c) AFFIXATION OF LABEL- The chief executive officer of a State shall
  affix the labels referred to in subsection (a) to an agricultural product
  only if such product has been produced in accordance with the requirements
  established by the panel of experts established by section 1466(1) of the
  Food Security Act of 1985 (7 U.S.C. 4706(1)).
SEC. 305. REPORTS.
  Not later than 2 years after the date of enactment of this title, the chief
  executive officer of a State shall prepare and submit a final report that
  contains the results of the Program to--
  (1) the Secretary;
  (2) the Committee on Agriculture of the House of Representatives; and
  (3) the Committee on Agriculture, Nutrition, and Forestry of the Senate.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated such sums as may be necessary to
  carry out this title.
TITLE IV--NATIONAL LABORATORY ACCREDITATION
SEC. 401. PURPOSES.
  The purpose of the program established by this title is--
  (1) to protect and assure individuals involved in the interstate commerce
  and consumption of food that the representations by laboratories as to
  chemical residues or the lack of residues in food is accurate;
  (2) to authorize the Secretary of Agriculture, in consultation with other
  agencies, to establish minimum standards concerning the quality of the
  equipment and staff and testing protocols used by such laboratories;
  (3) to provide for public disclosure of the results concerning the
  accreditation of laboratories; and
  (4) to require disclosure to the Secretary of Agriculture of all residue
  levels that exceed tolerances set by the Administrator of the Environmental
  Protection Agency and the Administrator of the Food and Drug Administration
  and of all residue levels for substances prohibited or under special review
  by the Administrator of the Food and Drug Administration.
SEC. 402. DEFINITIONS.
  As used in this title:
  (1) AGRICULTURAL PRODUCTS- The term `agricultural products' means any
  agricultural commodity or product whether raw or processed, including any
  commodity or product derived from livestock or fowl that is marketed in
  the United States for human and livestock consumption.
  (2) CERTIFICATE- The term `certificate' means a certificate of accreditation
  issued under this title.
  (3) LABORATORY- The term `laboratory' means any facility or vehicle that
  is owned by an individual or a public or private entity and is equipped
  and operated for the purpose of carrying out pesticide residue analysis
  on agricultural products.
  (4) PESTICIDE- The term `pesticide' means any substance that alone, in
  chemical combination, or in any formulation with one or more substances,
  is defined as a pesticide in section 2(u) of the Federal Insecticide,
  Fungicide, and Rodenticide Act (7 U.S.C. 136(u)).
  (5) REFERENCE LABORATORY- The term `reference laboratory' means a laboratory
  that is owned and operated by a governmental regulatory agency for the
  principal purpose of analyzing samples referred by other laboratories for
  confirmatory analysis.
  (6) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
SEC. 403. NATIONAL LABORATORY ACCREDITATION PROGRAM.
  (a) ESTABLISHMENT OF PROGRAM- The Secretary shall establish a National
  Laboratory Accreditation Program under which laboratories that conduct
  residue testing of agricultural products under this Act, or that make
  claims to the public or buyers of agricultural products concerning chemical
  residue levels on agricultural products, shall be determined to meet
  certain minimum quality and reliability standards.
  (b) REQUIREMENTS- In order to be accredited under this title, a laboratory
  shall--
  (1) prepare and submit an application for accreditation to the Secretary;
  (2) complete a series of tests required by the Secretary; and
  (3) comply with any additional terms and conditions as are determined
  necessary by the Secretary.
  (c) CONSULTATION- The Secretary shall, in consultation with the Administrator
  of the Food and Drug Administration, establish minimum standards for
  laboratories concerning--
  (1) quality assurance programs;
  (2) laboratory facilities;
  (3) equipment;
  (4) normal scientific methodologies;
  (5) qualifications of directors and other personnel; and
  (6) any other area concerning the operation or maintenance of a laboratory
  that is determined by the Secretary to be necessary to ensure accurate
  and complete analysis.
  (d) EXCEPTIONS- This title shall not apply to--
  (1) a laboratory operated by a government agency;
  (2) a laboratory operated by a corporation that only performs analysis of
  residues on agricultural products for such corporation or any wholly owned
  subsidiary of such corporation and does not make claims to the public or
  buyers based on such analysis;
  (3) a laboratory operated by a partnership that only performs analysis
  of residues on agricultural products for the partners of such partnership
  and does not make claims to the public or buyers based on such analysis; or
  (4) a laboratory not operated for commercial purposes that performs pesticide
  chemical residue analysis on agricultural products for research or quality
  control for the internal use of an individual who is initiating the analysis.
SEC. 404. ACCREDITATION.
  (a) IN GENERAL- The Secretary shall issue certificates of accreditation
  to laboratories that meet the requirements of this title, as determined
  by the Secretary.
  (b) REQUIREMENTS FOR ACCREDITATION- To receive accreditation under this
  title, a laboratory shall prepare and submit an application for accreditation
  to the Secretary and shall complete all tests of samples required, and
  meet all minimum standards established, by the Secretary under section 403.
  (c) INTERIM ACCREDITATION-
  (1) IN GENERAL- On the filing by a laboratory of a complete application
  for accreditation under section 405, the Secretary may issue a certificate
  of interim accreditation to such laboratory pending the full approval of
  such application by the Secretary.
  (2) CRITERIA- The Secretary may issue certificates of interim accreditation
  to laboratories that the Secretary determines are likely to successfully
  meet all requirements for full accreditation. In making such determination,
  the Secretary shall consider the experience and current personnel of
  such laboratory.
  (3) DURATION.
  (A) COMPLETION OF EVALUATION- An interim accreditation shall be
  effective until the Secretary either grants or denies such laboratory
  full accreditation.
  (B) MAXIMUM PERIOD- An interim accreditation shall not be effective for
  more than 180 days after the date of the issuance of such.
  (C) NON-RENEWABLE- An interim accreditation shall not be immediately
  renewable.
  (d) FAILURE TO MEET ACCREDITATION STANDARDS- The Secretary shall deny an
  application for accreditation or shall revoke any existing accreditation
  with respect to any laboratory that--
  (1) does not complete successfully all tests of samples and other tests
  required by the Secretary;
  (2) does not pass an onsite inspection conducted by the Secretary; or
  (3) is not in compliance with the national laboratory accreditation program
  established under this title.
  (e) LIMITED ACCREDITATION- The Secretary may issue certificates of
  accreditation to laboratories that are limited to specific fields of testing.
  (f) DURATION OF ACCREDITATION- A certificate of accreditation shall be
  effective for not more than 3 years from the date of the issuance of such.
  (g) RENEWAL OF ACCREDITATION- A certificate of accreditation for a laboratory
  may be renewed on the completion of all tests of samples required by the
  Secretary and on a review of such laboratory by the Secretary to determine
  that such laboratory meets the requirements of this title.
SEC. 405. SAMPLES.
  (a) PERFORMANCE EVALUATION SAMPLES-
  (1) PROVIDED BY SECRETARY- The Secretary shall provide performance
  evaluation samples to any laboratory that has applied for accreditation
  or for a renewal of accreditation under this title.
  (2) ANALYSIS BY LABORATORY- A laboratory described in paragraph (1) shall
  analyze such performance evaluation samples and submit the results of such
  analysis to the Secretary.
  (3) TESTING METHODS- Samples shall be tested by the laboratory according
  to methods specifically approved for such purpose by alternate methods of
  demonstrated adequacy or equivalence, as determined by the Secretary.
  (b) RESULTS OF TESTING-
  (1) SUBMISSION OF RESULTS- The laboratory shall submit the results of the
  tests conducted under subsection (a) to the Secretary on forms provided
  by the Secretary, on or before the date determined by the Secretary.
  (2) EVALUATION OF TESTS- The Secretary shall evaluate the results of
  such tests achieved by the laboratory and shall determine whether such
  laboratory is capable of undertaking an accurate analysis of chemical
  residues in agricultural products.
  (c) REVIEW OF ACCREDITATION- The Secretary shall provide performance
  evaluation samples for analysis to laboratories accredited under this
  title not less than two times a year.
  (d) IDENTIFICATION- In any arrangement between laboratories that involves
  the transfer of performance evaluation samples or portions of such samples,
  the analyzing laboratory shall be identified in all reports regarding such
  samples and shall be the laboratory for purposes of accreditation.
SEC. 406. APPLICATION.
  (a) CONTENTS OF APPLICATION- An application for accreditation or for renewal
  of accreditation under this title shall be prepared and submitted to the
  Secretary and shall include--
  (1) the name and address of the laboratory;
  (2) the name and address of the owners and managers of such laboratory;
  (3) a statement concerning the type of analysis the laboratory intends
  to conduct;
  (4) a brief history of the laboratory and its previous operations; and
  (5) such other information as may be required by the Secretary.
  (b) RESTRICTIONS ON SUBMISSION OF APPLICATION- A laboratory that has been
  denied, or has lost, accreditation under this title shall not reapply for
  accreditation until the expiration of at least 1 year after such denial
  or loss of accreditation.
SEC. 407. REPORTING.
  (a) IN GENERAL- Each laboratory or individual that performs, brokers, or
  otherwise arranges for the performance of pesticide chemical analysis of
  food shall prepare and report, to the Secretary and, by certified mail,
  to the owner of such food, that shall contain any finding of pesticide
  chemical residues in such food--
  (1) for which no chemical residue tolerance has been established; or
  (2) that is in excess of residue tolerances or tolerances for a pesticide
  suspended, banned, or otherwise not permitted by the Environmental
  Protection Agency.
  (b) TIMING OF REPORT- A laboratory shall submit the report required under
  subsection (a) to the Secretary as soon as practicable after the completion
  of the analysis of such food.
  (c) GUIDELINES- The Secretary shall adopt standardized reporting guidelines
  to be applied to laboratories under this section and shall provide such
  guidelines to laboratories accredited under this title, as well as other
  sources of information regarding applicable pesticide chemical tolerances.
SEC. 408. FEES.
  (a) IN GENERAL- At the time that an application for accreditation is
  received by the Secretary, and annually thereafter, a laboratory seeking
  such accreditation or a renewal of accreditation under this title shall
  pay a nonrefundable accreditation fee.
  (b) AMOUNT OF FEE- The fee required under subsection (a) shall be established
  by the Secretary in an amount that will assist in offsetting the cost of
  the program established by this title.
  (c) REIMBURSEMENT OF EXPENSES- Each laboratory that is accredited under
  this title or that has applied for accreditation under this title shall
  reimburse the Secretary for reasonable travel and other expenses necessary
  to perform onsite inspections of such laboratory.
  (d) ADJUSTMENT OF FEES- The Secretary may, on an annual basis, adjust the
  fees imposed under this section, as necessary to support the full costs
  of the program established by this title.
  (e) GOVERNMENT-OWNED LABORATORY- A State or local government-owned laboratory
  that performs work only in a reference capacity as a reference laboratory
  shall be exempt from the payment of any accreditation fee required under
  this section.
SEC. 409. PUBLIC DISCLOSURE.
  The results of the evaluations of laboratories conducted by the Secretary
  under this title shall be made available to the public on request.
SEC. 410. REGULATIONS.
  The Secretary shall promulgate regulations to carry out this title.
SEC. 411. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated such sums as may be necessary to
  carry out this title.
SEC. 412. EFFECTIVE DATE.
  This title shall become effective on January 1, 1991.