H.R. 2400 — Introduced in House

I 113th CONGRESS 1st Session H. R. 2400 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. 1. Short title This Act may be cited as the Organic Standards Protection Act. 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: 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. .