U.S. Code » Title 7 » Chapter CHAPTER 94— ORGANIC CERTIFICATION

7 U.S.C. § 6504

National standards for organic production

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To be sold or labeled as an organically produced agricultural product under this chapter, an agricultural product shall—(1) have been produced and handled without the use of synthetic chemicals, except as otherwise provided in this chapter;(2) except as otherwise provided in this chapter and excluding livestock, not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products; and(3) be produced and handled in compliance with an organic plan agreed to by the producer and handler of such product and the certifying agent.(Pub. L. 101–624, title XXI, § 2105, Nov. 28, 1990, 104 Stat. 3937; Pub. L. 102–237, title X, § 1001(1), Dec. 13, 1991, 105 Stat. 1893.)Editorial NotesAmendments

1991—Par. (2). Pub. L. 102–237 substituted “; and” for period at end.

Notes of Decisions
Cited in 9 cases, 2006–2018 · leading case: Marentette v. Abbott Labs., Inc., 886 F.3d 112 (2d Cir. 2018).
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Marentette v. Abbott Labs., Inc., 886 F.3d 112 (2d Cir. 2018). · cites it 3× “7 U.S.C. §§ 6504 (1) ; 6510(a). But the OFPA authorizes the Secretary of Agriculture to create a "National List" of synthetic substances that are permitted in organic products.”
Johnson v. Paynesville Farmers Union Coop. Oil Co., 817 N.W.2d 693 (Minn. 2012). · cites it 2× “See 7 U.S.C. §§ 6504 , 6513. They must also certify on an annual basis that they have not sold products labeled as organic “except in accordance” with the OFPA, and producers must allow the certifying agent an “on-site inspection” of their farm every year.”
In re Santa Fe Nat. Tobacco Co. Mktg. & Sales Practices & Prods. Liab. Litig., 288 F. Supp. 3d 1087 (D.N.M. 2017). “7 U.S.C. § 6504 (1) - (2). See 7 C.F.R. §§ 205.”
Marentette v. Abbott Labs., Inc., 201 F. Supp. 3d 374 (E.D.N.Y 2016). “7 U.S.C. § 6504 . Of particular relevance here, the OFPA also empowers the Secretary to “establish a National List of approved and prohibited substances that shall be included in the standards for organic production and handling established under [the OFPA] in order for such…”
Harvey v. Johanns, 494 F.3d 237 (1st Cir. 2007). “See 7 U.S.C. § 6504 . With this backdrop in place, the appellant posits that, unless the new version of section 6510 explicitly authorizes the use of processing aids found on the National List — which it does not — the default rule applies and these substances cannot be used for…”
Massachusetts Indep. Certification, Inc. v. Johanns, 486 F. Supp. 2d 105 (D. Mass. 2007). “7 U.S.C. § 6504 . 4 . If, after receiving a notice of noncompliance or denial of certification, a producer or handler applies for certification from a different certifying agent, the operation is required to include a copy of the notification of noncompliance or denial of…”
Harvey v. Johanns, 462 F. Supp. 2d 69 (D. Me. 2006). “He points to the fact that section 6504(1) prohibits the use of any synthetic substance in handling “except as otherwise provided in this chapter,” 7 U.S.C. § 6504 (1), and argues that although the OFPA amendments may have “otherwise provided for” the use of synthetic…”
Birdsong v. Nurture, Inc., 275 F. Supp. 3d 384 (E.D.N.Y 2017). “7 U.S.C. § 6504 . The OFPA empowers the Secretary to “establish a National List of approved and prohibited substances that shall be included in the standards for the organic production and handling established under [the OFPA] in order for such products to be sold or labeled as…”
Marenette v. Abbott Labs. (2d Cir. 2018). · cites it 2× “7 Parents make several arguments against this conclusion: first, that conflict‐ 8 obstacle preemption does not apply because their state‐law claims seek to 9 vindicate 7 U.S.C. § 6504 (1), the statutory provision requiring that organic‐ 10 labeled products be produced and…”
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