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

7 U.S.C. § 6520

Administrative appeal

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(a) Expedited appeals procedureThe Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary, the applicable governing State official, or a certifying agent under this chapter that—(1) adversely affects such person; or(2) is inconsistent with the organic certification program established under this chapter.(b) Appeal of final decision

A final decision of the Secretary under subsection (a) may be appealed to the United States district court for the district in which such person is located.

(Pub. L. 101–624, title XXI, § 2121, Nov. 28, 1990, 104 Stat. 3950; Pub. L. 102–237, title X, § 1001(9), Dec. 13, 1991, 105 Stat. 1894.)Editorial NotesAmendments

1991—Subsec. (b). Pub. L. 102–237 substituted “district court for the district” for “District Court for the District”.

Notes of Decisions
Cited in 6 cases, 2007–2018 · leading case: Marentette v. Abbott Labs., Inc., 201 F. Supp. 3d 374 (E.D.N.Y 2016).
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Marentette v. Abbott Labs., Inc., 201 F. Supp. 3d 374 (E.D.N.Y 2016). · cites it 3× “680 (a), (c); see also 7 U.S.C. § 6520 . The OFPA’s comprehensive and robust enforcement review system is further evidence of Congress’s intent to create a uniform national standard for certifying and labeling “Organic” products, one that would be significantly disrupted, if not…”
Marentette v. Abbott Labs., Inc., 886 F.3d 112 (2d Cir. 2018). “And Congress additionally created a remedial mechanism: any of these actions taken by the Secretary or certifying agent that "adversely affects" a person or is "inconsistent with the organic certification program," may be appealed to the agency, and eventually challenged in…”
Quesada v. Herb Thyme Farms, Inc., 361 P.3d 868 (Cal. 2015). “(See 7 U.S.C. § 6520 .) While it is true citizens may lodge complaints with state or federal officials when they suspect grower misconduct (65 Fed.”
Johnson v. Paynesville Farmers Union Coop. Oil Co., 817 N.W.2d 693 (Minn. 2012). “7 U.S.C. § 6520 (a)(2). Under the plain language of 7 C.”
Massachusetts Indep. Certification, Inc. v. Johanns, 486 F. Supp. 2d 105 (D. Mass. 2007). · cites it 2× “In addition, 7 U.S.C. § 6520 provides specifically: (a) The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary .”
Birdsong v. Nurture, Inc., 275 F. Supp. 3d 384 (E.D.N.Y 2017). “The enforcement scheme also allows dissatisfied consumers to appeal a product’s organic certification to the Secretary, who maintains national uniformity in interpreting the organic regulations: See 7 U.S.C. § 6520 (b). Operations found to have sold or labeled products in…”
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