[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5962 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5962

     To amend the Organic Foods Production Act of 1990 to require 
recordkeeping and authorize investigations and enforcement actions for 
            violations of such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2012

    Mrs. Capps (for herself, Mr. Hanna, Mr. Farr, and Mr. DeFazio) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
     To amend the Organic Foods Production Act of 1990 to require 
recordkeeping and authorize investigations and enforcement actions for 
            violations of such Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Organic Standards Protection Act''.

SEC. 2. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.

    The Organic Foods Production Act of 1990 is amended by inserting 
after section 2120 (7 U.S.C. 6519) the following:

``SEC. 2120A. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.

    ``(a) Recordkeeping.--
            ``(1) In general.--Except as otherwise provided in this 
        title, all persons, including producers, handlers, and 
        certifying agents, required to report information to the 
        Secretary under this title shall maintain, and make available 
        to the Secretary on the request of the Secretary, all 
        contracts, agreements, receipts, and other records associated 
        with the organic certification program established by the 
        Secretary under this title.
            ``(2) Duration of recordkeeping requirement.--A record 
        covered by paragraph (1) shall be maintained--
                    ``(A) by a person covered by this title, except for 
                a certifying agent, for a period of 5 years beginning 
                on the date of the creation of the record; and
                    ``(B) by a certifying agent, for a period of 10 
                years beginning on the date of the creation of the 
                record.
    ``(b) Confidentiality.--
            ``(1) In general.--Subject to paragraph (2), and except as 
        otherwise directed by the Secretary or the Attorney General for 
        enforcement purposes, no officer, employee, or agent of the 
        United States shall make available to the public information, 
        statistics, or documents obtained from or made available by any 
        person under this title, other than in a manner that ensures 
        that confidentiality is preserved regarding the identity of 
        persons, including parties to a contract, and proprietary 
        business information.
            ``(2) Alleged violators and nature of actions.--The 
        Secretary may release the name of the alleged violator and the 
        nature of the actions triggering an order or revocation under 
        subsection (e).
    ``(c) Investigation.--
            ``(1) In general.--The Secretary may take such 
        investigative actions as the Secretary considers to be 
        necessary to carry out this title--
                    ``(A) to verify the accuracy of any information 
                reported or made available under this title; and
                    ``(B) to determine, with regard to actions, 
                practices, or information required under this title, 
                whether a person covered by this title has committed, 
                or will commit, a violation of any provision of this 
                title.
            ``(2) Investigative powers.--The Secretary may administer 
        oaths and affirmations, subpoena witnesses, compel attendance 
        of witnesses, take evidence, and require the production of any 
        books, papers, and documents that are relevant to the 
        investigation.
    ``(d) Unlawful Act.--It shall be unlawful and a violation of this 
title for any person covered by this title--
            ``(1) to fail or refuse to provide, or delay the timely 
        provision of, accurate information required by the Secretary 
        under this section;
            ``(2) to violate--
                    ``(A) an order of the Secretary;
                    ``(B) a revocation of the organic certification of 
                a producer or handler; or
                    ``(C) a revocation of the accreditation of a 
                certifying agent; or
            ``(3) to sell, or attempt to sell, a product that is 
        represented as being organically produced in accordance with 
        this title if in fact the product has not been produced or 
        handled in accordance with this title.
    ``(e) Enforcement.--
            ``(1) Order.--The Secretary may issue an order to stop the 
        sale of an agricultural product that is labeled or otherwise 
        represented as being organically produced--
                    ``(A) only upon the reasonable belief by the 
                Secretary, supported by substantial evidence, that such 
                agricultural product does not meet the national and 
                State standards for organic production and handling 
                provided in sections 2105 through 2114 and section 
                2118, until the product can be verified--
                            ``(i) as meeting the national and State 
                        standards for organic production and handling 
                        as provided in sections 2105 through 2114;
                            ``(ii) as having been produced or handled 
                        without the use of a prohibited substance 
                        listed under section 2118; and
                            ``(iii) as being produced and handled by a 
                        certified organic operation; and
                    ``(B) if a person has committed an unlawful act 
                with respect to the product under subsection (d).
            ``(2) Revocation of certification or accreditation.--After 
        notice and opportunity for an administrative appeal under 
        section 2121, if the Secretary determines a producer, a 
        handler, or a certifying agent committed a violation of this 
        title that is an unlawful act under subsection (d), the 
        Secretary may revoke the organic certification of such producer 
        or such handler, or the accreditation of such certifying agent.
            ``(3) Violation of order or revocation.--A person who 
        violates an order to stop the sale of a product as an 
        organically produced product under paragraph (1), or a 
        revocation of certification or accreditation under paragraph 
        (2), shall be subject to 1 or more of the penalties provided in 
        subsections (a) and (b) of section 2120.
    ``(f) Appeal.--
            ``(1) In general.--An order under subsection (e)(1), or a 
        revocation of certification or accreditation under subsection 
        (e)(2)(B), shall be final and conclusive unless the affected 
        person files an appeal of the order--
                    ``(A) first, to the administrative appeals process 
                established under section 2121(a); and
                    ``(B) after a final decision of the Secretary under 
                the process referred to in subparagraph (A), if the 
                affected person so elects, to a United States district 
                court as provided in section 2121(b) not later than 30 
                days after the date of the final decision.
            ``(2) Standard.--An order under subsection (e)(1), or a 
        revocation of certification or accreditation under subsection 
        (e)(2)(B), shall be set aside only if the order, or the 
        revocation of certification or accreditation, is not supported 
        by substantial evidence.
    ``(g) Noncompliance.--
            ``(1) In general.--If a person covered by this title fails 
        to obey an order, or a revocation of certification or 
        accreditation, described in subsection (f)(2) after the order 
        or revocation has become final and conclusive or after the 
        appropriate United States district court has entered a final 
        judgment in favor of the Secretary, the United States may apply 
        to the appropriate United States district court for enforcement 
        of the order, or the revocation of certification or 
        accreditation.
            ``(2) Enforcement.--If the court determines that the order 
        or revocation was lawfully made and duly served and that the 
        person violated the order or revocation, the court shall 
        enforce the order or revocation.
            ``(3) Civil penalty.--If the court finds that the person 
        violated the order or revocation, the person shall be subject 
        to a civil penalty of not more than $10,000 for each 
        offense.''.
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