[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2400 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2400

     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 17, 2013

    Mrs. Capps (for herself, Mr. Hanna, Mr. DeFazio, and Mr. Farr) 
 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 
        provided in section 2107(a)(9) and 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) Violators and nature of actions.--The Secretary may 
        release the name of the 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, including an order or regulation promulgated by 
                the Secretary.
            ``(2) Investigative powers.--The Secretary may administer 
        oaths and affirmations, subpoena witnesses, compel attendance 
        of witnesses, take evidence, and require the production of any 
        records required to be maintained under subsection (a) or 
        section 2112(d) or 2116(c) 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 under this title 
        (including an order or regulation promulgated under this title) 
        if in fact the product has been produced or handled by an 
        operation that is not yet a certified organic producer or 
        handler under this title.
    ``(e) Enforcement.--
            ``(1) Order.--
                    ``(A) In general.--The Secretary may issue an order 
                to stop the sale of an agricultural product that is 
                labeled or otherwise represented as being organically 
                produced in cases of suspected fraudulent or otherwise 
                unlawful acts as described in subsection (d) that are 
                willful, noncorrectable, or the subject of a combined 
                noncompliance and adverse action 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.
                    ``(B) Affirmative defense to stop sale order.--
                            ``(i) In general.--If a producer or handler 
                        has a valid organic certification from the 
                        Department of Agriculture, the burden shall 
                        shift to the Secretary to prove fraud or 
                        unlawful activity that is willful, 
                        noncorrectable, or the subject of a combined 
                        noncompliance and adverse action before a stop 
                        sale order under subparagraph (A) may be 
                        implemented.
                            ``(ii) Information.--
                                    ``(I) In general.--The producer or 
                                handler shall comply with any requests 
                                of the Secretary for documents and 
                                other information not later than 30 
                                days after a request is made.
                                    ``(II) Noncompliance.--If the 
                                producer or handler fails to comply 
                                within the period described in 
                                subclause (I), the Secretary may issue 
                                a stop sale order.
                    ``(C) Appeal of stop sale order.--
                            ``(i) In general.--If the Secretary proves 
                        fraud or unlawful activity that is willful, 
                        noncorrectable, or the subject of a combined 
                        noncompliance and adverse action, the 
                        determination may be appealed through an 
                        expedited administrative appeal process.
                            ``(ii) Deadline.--The expedited appeal 
                        process shall be completed not later than 30 
                        days after the date of the issuance of the stop 
                        sale order.
                            ``(iii) Stay.--Any stop sale order shall be 
                        stayed pending the 30 day-expedited appeal 
                        under this subparagraph.
            ``(2) Certification or accreditation.--After notice and 
        opportunity for an administrative appeal under section 2121, if 
        a violation described in subparagraph (A)(ii) is determined to 
        have occurred and is an unlawful act under subsection (d), the 
        Secretary shall revoke the organic certification of the 
        producer or handler, or the accreditation of the 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 
        under 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, 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 determination under 
                subparagraph (A).
            ``(2) Standard.--An order under subsection (e)(1)(A), or a 
        revocation of certification or accreditation under subsection 
        (e)(2), shall be set aside if the order, or the revocation of 
        certification or accreditation, fails to comply with section 
        706 of title 5, United States Code.
    ``(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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