To be accredited as a certifying agent under section 6514 of this title, a governing State official or a person shall be able to fully implement the applicable organic certification program established under this chapter.
Any certifying agent shall employ a sufficient number of inspectors to implement the applicable organic certification program established under this chapter, as determined by the Secretary.
Any certifying agent shall enter into an agreement with the Secretary under which such agent shall-
Any certifying agent that is a private person shall, in addition to the agreement required in subsection (c)-
Any certifying agent shall fully comply with the terms and conditions of the applicable organic certification program implemented under this chapter.
Except as provided in section 6506(a)(9) of this title, any certifying agent shall maintain strict confidentiality with respect to its clients under the applicable organic certification program and may not disclose to third parties (with the exception of the Secretary or the applicable governing State official) any business related information concerning such client obtained while implementing this chapter.
Any certifying agent shall not-
A certifying agent that is a private person shall nominate the individual who controls the day-to-day operation of the agent.
If the Secretary or the governing State official (if applicable) determines that a certifying agent or an entity acting as an agent of the certifying agent is not properly adhering to the provisions of this chapter, the Secretary or such governing State official may suspend such certifying agent's accreditation.
If the Secretary determines that an office of a certifying agent or entity described in paragraph (1) is not complying with the provisions of this chapter, the Secretary may suspend the operations of the certifying agent or the noncompliant office, including-
The Secretary shall provide for a process that is otherwise consistent with this section that authorizes a suspended office to resume operations.
If the accreditation 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 certifying agent may retain their organic certification.
Not later than 90 days after the date on which a new certifying office performing certification activities opens, an accredited certifying agent shall notify the Secretary of the opening.
7 U.S.C. § 6515
EDITORIAL NOTES
AMENDMENTS2018-Subsec. (i)(1). Pub. L. 115-334, §10104(d)(1)(A), inserted "or an entity acting as an agent of the certifying agent" after "a certifying agent". Subsec. (i)(2), (3). Pub. L. 115-334, §10104(d)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).Subsec. (j). Pub. L. 115-334, §10104(d)(2), added subsec. (j). 2014-Subsecs. (c) to (j). Pub. L. 113-79 redesignated subsecs. (d) to (j) as (c) to (i), respectively, substituted "subsection (c)" for "subsection (d)" in introductory provisions of subsec. (d), and struck out former subsec. (c) which related to maintenance of, access to, and transference of records of certifying agents.1991-Subsec. (j)(2). Pub. L. 102-237 substituted "such certifying" for "certifying such".
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- governing State official
- The term "governing State official" means the chief executive official of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, who administers an organic certification program under this chapter.
- person
- The term "person" means an individual, group of individuals, corporation, association, organization, cooperative, or other entity.