Option to confirm the absence of prohibited substances through testing

(a)

National standards for organic production

Section 2105 of the Organic Foods Production Act of 1990 (7 U.S.C. 6504) is amended—(1)in the matter preceding paragraph (1)—(A)by striking shall; and(B)by striking To be and inserting the following:

(a)

In general

To be

;

(2)in subsection (a) (as so designated)—(A)in paragraph (1), by inserting shall before have been;(B)in paragraph (2)—(i)by striking products; and and inserting product; or;(ii)by striking livestock, not and inserting the following:

livestock—(A)shall not

; and

(iii)by adding at the end the following:

(B)shall be produced in soil or another growing medium that has been confirmed prior to the time of planting to contain no prohibited substances, including synthetic chemicals, through testing or other methods certified by the Secretary to verify the absence of prohibited substances in the growing medium; and

; and

(C)in paragraph (3), by inserting shall before be produced; and(3)by adding at the end the following:

(b)

Guidelines and criteria

Not later than 60 days after the date of enactment of the Meeting Demand for Organic Produce Act, the Secretary shall issue an advanced notice of proposed rulemaking to develop guidelines and criteria for approved verification methods described in subsection (a)(2)(B) to ensure accuracy and reliability with respect to the testing described in that subsection.

(b)

Management of wild crops

Section 2114(f) of the Organic Foods Production Act of 1990 (7 U.S.C. 6513(f)) is amended—(1)by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;(2)in the matter preceding subparagraph (A) (as so redesignated), by striking An organic and inserting the following:

(1)

In general

An organic

;

(3)in paragraph (1)(B) (as so redesignated)—(A)by adding or after the semicolon at the end;(B)by striking include a 3 year and inserting the following:

include—(i)a 3-year

; and

(C)by adding at the end the following:

(ii)a certification that the soil or other growing medium of the area has been confirmed prior to the time of planting to contain no prohibited substances, including synthetic chemicals, through testing or other methods certified by the Secretary to verify the absence of prohibited substances in the growing medium;

; and

(4)by adding at the end the following:

(2)

Guidelines and criteria

Not later than 60 days after the date of enactment of the Meeting Demand for Organic Produce Act, the Secretary shall issue an advanced notice of proposed rulemaking to develop guidelines and criteria for approved verification methods described in paragraph (1)(B)(ii) to ensure accuracy and reliability with respect to the testing described in that paragraph.