7 U.S.C. § 6521

Administration

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(a) Regulations

Not later than 540 days after November 28, 1990, the Secretary shall issue proposed regulations to carry out this chapter.

(b) Assistance to State(1) Technical and other assistance

The Secretary shall provide technical, administrative, and National Institute of Food and Agriculture assistance to assist States in the implementation of an organic certification program under this chapter.

(2) Financial assistance

The Secretary may provide financial assistance to any State that implements an organic certification program under this chapter.

The Secretary shall have access to available data from cross-border documentation systems administered by other Federal agencies, including the Automated Commercial Environment system of U.S. Customs and Border Protection.

(d) Reports(1) In general

Not later than March 1, 2020, and annually thereafter through March 1, 2023, the Secretary shall submit to Congress, and make publicly available on the website of the Department of Agriculture, a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this chapter during the preceding year.

(2) Requirements

The data described in paragraph (1) shall be broken down by agricultural product, quantity, value, and month.

(3) Exception

Any data determined by the Secretary to be confidential business information shall not be provided in the report under paragraph (1).

(Pub. L. 101–624, title XXI, § 2122, Nov. 28, 1990, 104 Stat. 3951; Pub. L. 110–234, title VII, § 7511(c)(24), May 22, 2008, 122 Stat. 1269; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(24), June 18, 2008, 122 Stat. 1664, 2031; Pub. L. 115–334, title X, § 10104(h), Dec. 20, 2018, 132 Stat. 4901.)Editorial NotesCodification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2018—Subsecs. (c), (d). Pub. L. 115–334 added subsecs. (c) and (d).

2008—Subsec. (b)(1). Pub. L. 110–246, § 7511(c)(24), substituted “National Institute of Food and Agriculture” for “Extension Service”.

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by section 7511(c)(24) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.

Notes of Decisions

Cited in 3 cases, 2010–2015 · leading case: In Re Aurora Dairy Corp. Organic Milk Marketing

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In Re Aurora Dairy Corp. Organic Milk Marketing (2010) ca8 “The OFPA authorized the USDA to propose regulations implementing Congress’s plan, see 7 U.S.C. § 6521 (a), and the USDA ultimately adopted the NOP, a detailed set of implementing regulations, see 7 C.”

Quesada v. Herb Thyme Farms, Inc. (2015) cal “Private claims like those here are thus consistent with the Organic Foods Act’s goals of reassuring consumers and enabling fair competition.”

Johnson v. Paynesville Farmers Union Cooperative Oil Co. (2012) minn “§ 6503 (a) (directing the Secretary of Agriculture to “establish an organic certification program for producers and handlers of agricultural products”).”

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