Current as of: February 2010 (a) Misuse of label
Any person who knowingly sells or labels a product as organic,
except in accordance with this chapter, shall be subject to a civil
penalty of not more than $10,000.
(b) False statement
Any person who makes a false statement under this chapter to the
Secretary, a governing State official, or a certifying agent shall
be subject to the provisions of section 1001 of title 18.
(c) Ineligibility
(1) In general
Except as provided in paragraph (2), any person who -
(A) makes a false statement;
(B) attempts to have a label indicating that an agricultural
product is organically produced affixed to such product that
such person knows, or should have reason to know, to have been
produced or handled in a manner that is not in accordance with
this chapter; or
(C) otherwise violates the purposes of the applicable organic
certification program as determined by the Secretary;
after notice and an opportunity to be heard, shall not be
eligible, for a period of 5 years from the date of such
occurrence, to receive certification under this chapter with
respect to any farm or handling operation in which such person
has an interest.
(2) Waiver
Notwithstanding paragraph (1), the Secretary may reduce or
eliminate the period of ineligibility referred to in such
paragraph if the Secretary determines that such modification or
waiver is in the best interests of the applicable organic
certification program established under this chapter.
(d) Reporting of violations
A certifying agent shall immediately report any violations of
this chapter to the Secretary or the governing State official (if
applicable).
(e) Violations by certifying agent
A certifying agent that is a private person that violates the
provisions of this chapter or that falsely or negligently certifies
any farming or handling operation 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, after notice and an
opportunity to be heard -
(1) lose its accreditation as a certifying agent under this
chapter; and
(2) be ineligible to be accredited as a certifying agent under
this chapter for a period of not less than 3 years subsequent to
the date of such determination.
(f) Effect of other laws
Nothing in this chapter shall alter the authority of the
Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.),
and the Egg Products Inspection Act (21 U.S.C. 1031 et seq.)
concerning meat, poultry and egg products, nor any of the
authorities of the Secretary of Health and Human Services under the
Federal Food, Drug (!1) and Cosmetic Act (21 U.S.C. 301 et seq.),
nor the authority of the Administrator of the Environmental
Protection Agency under the Federal Insecticide, Fungicide (!1) and
Rodenticide Act (7 U.S.C. 136 et seq.).Legislative History Prev ________________________________________________________________________
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