,i #aacth ,,congress #ast ,session ,h4 ,r4 #bdjj ,,in ,,the ,,house ,,of ,,representatives ,june #ag1 #bjac ,mrs4 ,capps 7for herself1 ,mr4 ,hanna1 ,mr4 ,de,fazio1 and ,mr4 ,farr7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to amend the ,organic ,foods ,production ,act of #aiij to require recordkeeping and authorize investigations and enforcement actions for violations of such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,organic ,standards ,protection ,act4 #b4 ,recordkeeping1 investigations1 and enforcement ,the ,organic ,foods ,production ,act of #aiij is amended by inserting after section #babj 7#g ,u4,s4,c4 #feai7 the following3 #babj;,a4 ,recordkeeping1 investigations1 and enforcement 7a7 ,recordkeeping 7#a7 ,in general ,except as otherwise provided in this title1 all persons1 including producers1 handlers1 and certifying agents1 required to report information to the ,secretary under this title shall maintain1 and make available to the ,secretary on the request of the ,secretary1 all contracts1 agreements1 receipts1 and other records associated with the organic certification program established by the ,secretary under this title4 7#b7 ,duration of recordkeeping requirement ,a record covered by paragraph 7#a7 shall be maintained-- 7,a7 by a person covered by this title1 except for a certifying agent1 for a period of #e years beginning on the date of the creation of the record2 and 7,b7 by a certifying agent1 for a period of #aj years beginning on the date of the creation of the record4 7b7 ,confidentiality 7#a7 ,in general ,subject to paragraph 7#b71 and except as provided in section #bajg7;a77#i7 and as otherwise directed by the ,secretary or the ,attorney ,general for enforcement purposes1 no officer1 employee1 or agent of the ,united ,states shall make available to the public information1 statistics1 or documents obtained from or made available by any person under this title1 other than in a manner that ensures that confidentiality is preserved regarding the identity of persons1 including parties to a contract1 and proprietary business information4 7#b7 ,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 7e74 7c7 ,investigation 7#a7 ,in general ,the ,secretary may take such investigative actions as the ,secretary considers to be necessary to carry out this title-- 7,a7 to verify the accuracy of any information reported or made available under this title2 and 7,b7 to determine1 with regard to actions1 practices1 or information required under this title1 whether a person covered by this title has committed1 or will commit1 a violation of any provision of this title1 including an order or regulation promulgated by the ,secretary4 7#b7 ,investigative powers ,the ,secretary may administer oaths and affirmations1 subpoena witnesses1 compel attendance of witnesses1 take evidence1 and require the production of any records required to be maintained under subsection 7a7 or section #baab7;d7 or #baaf7;c7 that are relevant to the investigation4 7d7 ,unlawful ,act ,it shall be unlawful and a violation of this title for any person covered by this title-- 7#a7 to fail or refuse to provide1 or delay the timely provision of1 accurate information required by the ,secretary under this section2 7#b7 to violate-- 7,a7 an order of the ,secretary2 7,b7 a revocation of the organic certification of a producer or handler2 or 7,c7 a revocation of the accreditation of a certifying agent2 or 7#c7 to sell1 or attempt to sell1 a product that is represented as being organically produced under this title 7including an order or regulation promulgated under this title7 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 title4 7e7 ,enforcement 7#a7 ,order 7,a7 ,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 7d7 that are willful1 noncorrectable1 or the subject of a combined noncompliance and adverse action until the product can be verified-- 7i7 as meeting the national and ,state standards for organic production and handling as provided in sections #baje through #baad2 7ii7 as having been produced or handled without the use of a prohibited substance listed under section #baah2 and 7iii7 as being produced and handled by a certified organic operation4 7,b7 ,affirmative defense to stop sale order 7i7 ,in general ,if a producer or handler has a valid organic certification from the ,department of ,agriculture1 the burden shall shift to the ,secretary to prove fraud or unlawful activity that is willful1 noncorrectable1 or the subject of a combined noncompliance and adverse action before a stop sale order under subparagraph 7,a7 may be implemented4 7ii7 ,information 7,i7 ,in general ,the producer or handler shall comply with any requests of the ,secretary for documents and other information not later than #cj days after a request is made4 7,,ii7 ,noncompliance ,if the producer or handler fails to comply within the period described in subclause 7,i71 the ,secretary may issue a stop sale order4 7,c7 ,appeal of stop sale order 7i7 ,in general ,if the ,secretary proves fraud or unlawful activity that is willful1 noncorrectable1 or the subject of a combined noncompliance and adverse action1 the determination may be appealed through an expedited administrative appeal process4 7ii7 ,deadline ,the expedited appeal process shall be completed not later than #cj days after the date of the issuance of the stop sale order4 7iii7 ,stay ,any stop sale order shall be stayed pending the #cj day-expedited appeal under this subparagraph4 7#b7 ,certification or accreditation ,after notice and opportunity for an administrative appeal under section #baba1 if a violation described in subparagraph 7,a77ii7 is determined to have occurred and is an unlawful act under subsection 7d71 the ,secretary shall revoke the organic certification of the producer or handler1 or the accreditation of the certifying agent4 7#c7 ,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 7#a71 or a revocation of certification or accreditation under paragraph 7#b71 shall be subject to #a or more of the penalties provided under subsections 7a7 and 7b7 of section #babj4 7f7 ,appeal 7#a7 ,in general ,an order under subsection 7e77#a71 or a revocation of certification or accreditation under subsection 7e77#b77;,b71 shall be final and conclusive unless the affected person files an appeal of the order-- 7,a7 first1 to the administrative appeals process established under section #baba7;a72 and 7,b7 after a final decision of the ,secretary1 if the affected person so elects1 to a ,united ,states district court as provided in section #baba7;b7 not later than #cj days after the date of the determination under subparagraph 7,a74 7#b7 ,standard ,an order under subsection 7e77#a77;,a71 or a revocation of certification or accreditation under subsection 7e77#b71 shall be set aside if the order1 or the revocation of certification or accreditation1 fails to comply with section #gjf of title #e1 ,united ,states ,code4 7g7 ,noncompliance 7#a7 ,in general ,if a person covered by this title fails to obey an order1 or a revocation of certification or accreditation1 described in subsection 7f77#b7 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 ,secretary1 the ,united ,states may apply to the appropriate ,united ,states district court for enforcement of the order1 or the revocation of certification or accreditation4 7#b7 ,enforcement ,if the court determines that the order or revocation was lawfully made and duly served and that the person violated the order or revocation1 the court shall enforce the order or revocation4 7#c7 ,civil penalty ,if the court finds that the person violated the order or revocation1 the person shall be subject to a civil penalty of not more than #aj1jjj for each offense4 4