,,ii #aaeth ,,congress #b;d ,session ,s4 #bibg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjah ,ms4 ,baldwin 7for herself and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,organic ,foods ,production ,act of #aiij to increase interagency cooperation in the enforcement of standards for importing organic agricultural products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,organic ,farmer and ,consumer ,protection ,act of #bjah4 #b4 ,exclusions from certification ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,agriculture shall issue regulations to limit the type of operations that are excluded from certification under section #bje4aja of title #g1 ,code of ,federal ,regulations 7or successor regulations71 and any other corresponding sections4 #c4 ,definitions ,section #bajc of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #fejb7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 2 and 7,b7 by adding at the end the following3 7,b7 ,foreign operations ,when used in the context of a certifying agent operating in a foreign country1 the term certifying agent includes a certifying agent-- 7i7 accredited in accordance with section #bajf7;b77#a72 or 7ii7 accredited by a foreign government that acted under an equivalency arrangement negotiated between the ,united ,states and the foreign government4 2 7#b7 by redesignating paragraphs 7#ac7 through 7#ba7 as paragraphs 7#ad7 through 7#bb71 respectively2 and 7#c7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,national organic program import certificate ,the term national organic program import certificate means a form developed for purposes of the program under this title-- 7,a7 to provide documentation sufficient to verify that an agricultural product imported for sale in the ,united ,states satisfies the requirement under section #bajf7;b77#a72 and 7,b7 which shall include1 at a minimum1 information sufficient to indicate1 with respect to the agricultural product-- 7i7 the origin2 7ii7 the destination2 7iii7 the certifying agent issuing the national organic program import certificate2 7iv7 the harmonized tariff code1 if a harmonized tariff code exists for the agricultural product2 7v7 the total weight2 and 7vi7 the organic standard to which the agricultural product is certified4 4 #d4 ,documentation and traceability enhancement2 data collection ,section #bajf7;b7 of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feje7;b77 is amended-- 7#a7 by striking ,imported and inserting the following3 7#a7 ,standards for imported products ,imported 2 and 7#b7 by adding at the end the following3 7#b7 ,fraudulent or misrepresented products ,the ,secretary1 to the maximum extent practicable1 shall reduce the risk of fraudulent or misrepresented organic products entering the ,united ,states and being marketed for sale in the ,united ,states4 7#c7 ,import certification 7,a7 ,import certificates ,for an agricultural product being imported into the ,united ,states to be represented as organically produced1 the ,secretary shall require the agricultural product to be accompanied by a complete and valid national organic program import certificate1 which shall be available as an electronic record4 7,b7 ,tracking system 7i7 ,in general ,the ,secretary shall establish a system to track national organic program import certificates4 7ii7 ,integration ,in establishing the system under clause 7i71 the ,secretary may integrate the system into any existing information tracking systems for imports of agricultural products4 7#d7 ,modernization of trade tracking and data collection systems 7,a7 ,in general ,the ,secretary shall modernize international trade tracking and data collection systems of the national organic program established under this title4 7,b7 ,activities ,in carrying out subparagraph 7,a71 the ,secretary shall modernize trade and transaction certificates to ensure full traceability without unduly hindering trade1 such as through an electronic trade document exchange system4 7#e7 ,reports 7,a7 ,in general ,on an annual basis1 the ,secretary shall submit to ,congress and make publically available on the website of the ,department of ,agriculture a report providing detailed quantitative data on imports of organically produced agricultural products accepted into the ,united ,states during the year covered by the report4 7,b7 ,requirements ,the data described in subparagraph 7,a7 shall be broken down by agricultural product type1 quantity1 value1 and month4 7,c7 ,exception ,any data that is specific enough to be protected as confidential business information shall not be provided in the report under subparagraph 7,a74 4 #e4 ,accreditation program ,section #baae of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #fead7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 7#b7 by inserting after subsection 7b7 the following3 7c7 ,oversight of satellite offices and foreign operations ,as part of the accreditation of certifying agents under this section1 the ,secretary shall oversee any certifying agent operating in a foreign country4 2 and 7#c7 in subsection 7d7 7as so redesignated7-- 7,a7 by striking section shall and inserting the following3 8section-- 7#a7 subject to paragraph 7#b71 shall 2 and 7,b7 in paragraph 7#a7 7as so designated71 by striking ,secretary1 and may and inserting the following3 8,secretary2 7#b7 in the case of a certifying agent operating in a foreign country1 shall be for a period of not to exceed #a year1 as determined appropriate by the ,secretary2 and 7#c7 may 4 #f4 ,investigations ,section #babj7;b7 of the ,organic ,foods ,production ,act 7#g ,u4,s4,c4 #feai7;b77 is amended by adding at the end the following3 7#c7 ,information sharing during active investigation ,in carrying out this title1 all parties conducting an active investigation under this subsection 7including certifying agents1 ,state organic certification programs1 and the national organic program7 shall share confidential business information with ,federal and ,state government officers and employees and certifying agents involved in the investigation as necessary to fully investigate and enforce potential violations of this title4 7#d7 ,expedited procedures for foreign operations 7,a7 ,establishment ,the ,secretary shall establish expedited investigative procedures under this subsection to review the accreditation of a certifying agent operating in a foreign country under any of the circumstances described in subparagraph 7,b74 7,b7 ,expedited procedures ,the ,secretary shall promptly carry out expedited investigative procedures established under subparagraph 7,a7 to review the accreditation of a certifying agent operating in a foreign country if-- 7i7 the accreditation of the certifying agent is revoked by a foreign government-- 7,i7 operating an organic certification program described in section #bajf7;b77#a72 or 7,,ii7 that acted under an equivalency arrangement negotiated between the ,united ,states and the foreign government2 or 7ii7 the ,secretary determines that there is a sudden and substantial increase in the rate and quantity of imports of an individual organically produced agricultural product from the foreign country1 in which case the expedited investigative procedures shall be carried out with respect to each certifying agent of that agricultural product in that foreign country4 4 #g4 ,data organization and access ,section #babb of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feba7 is amended by adding at the end the following3 7c7 ,data relating to imports of organically produced agricultural products 7#a7 ,access to data documentation systems ,the head of each ,federal agency that administers a cross-border documentation system shall provide to the head of each other ,federal agency that administers such a system access to available data from the system1 including-- 7,a7 the ,automated ,commercial ,environment system of ,u4,s4 ,customs and ,border ,protection2 and 7,b7 the ,phytosanitary ,certificate ,issuance and ,tracking ,system of the ,animal and ,plant ,health ,inspection ,service4 7#b7 ,data collection and organization system 7,a7 ,in general ,the ,secretary shall establish a new system or modify an existing data collection and organization system to collect and organize in a single system quantitative data on imports of each organically produced agricultural product accepted into the ,united ,states4 7,b7 ,access ,the single system under subparagraph 7,a7 shall be accessible by any agency with the authority to engage in-- 7i7 inspection of imports of agricultural products2 7ii7 trade data collection and organization2 or 7iii7 enforcement of trade requirements for organically produced agricultural products4 4 #h4 ,organic agricultural product imports interagency working group ,the ,organic ,foods ,production ,act of #aiij is amended by inserting after section #babb 7#g ,u4,s4,c4 #feba7 the following3 #babb;,a4 ,organic agricultural product imports interagency working group 7a7 ,establishment 7#a7 ,in general ,the ,secretary and the ,secretary of ,homeland ,security shall jointly establish a working group to facilitate coordination and information sharing between the ,department of ,agriculture1 ,u4,s4 ,customs and ,border ,protection1 and the ,food and ,drug ,administration relating to imports of organically produced agricultural products 7referred to in this section as the working group74 7#b7 ,members ,the working group-- 7,a7 shall include-- 7i7 the ,secretary 7or a designee72 7ii7 the ,commissioner of ,food and ,drugs 7or a designee72 and 7iii7 the ,secretary of ,homeland ,security 7or a designee72 and 7,b7 shall not include any non-,federal officer or employee4 7#c7 ,duties ,the working group shall facilitate coordination and information sharing between the ,department of ,agriculture1 ,u4,s4 ,customs and ,border ,protection1 and the ,food and ,drug ,administration for the purposes of-- 7,a7 identifying imports of organically produced agricultural products2 7,b7 verifying the authenticity of organically produced agricultural product import documentation1 such as national organic program import certificates2 7,c7 ensuring imported agricultural products represented as organically produced meet the requirements under this title2 7,d7 collecting and organizing quantitative data on imports of organically produced agricultural products2 and 7,e7 reporting to ,congress on-- 7i7 enforcement activity carried out by the ,department of ,agriculture1 ,u4,s4 ,customs and ,border ,protection1 or the ,food and ,drug ,administration in the ,united ,states or abroad2 and 7ii7 barriers to preventing agricultural products fraudulently represented as organically produced from entry into the ,united ,states4 7#d7 ,designated employees and officials ,an employee or official designated to carry out the duties of the ,secretary1 the ,secretary of ,homeland ,security1 or the ,commissioner of ,food and ,drugs on the working group under subparagraph 7,a7 or 7,b7 of paragraph 7#b7 shall be an employee or official compensated at a rate of pay not less than the minimum annual rate of basic pay for ,,gs-#ab under section #eccb of title #e1 ,united ,states ,code4 7b7 ,reports ,on an annual basis1 the working group shall submit to ,congress and make publically available on the websites of the ,department of ,agriculture1 ,u4,s4 ,customs and ,border ,protection1 and the ,food and ,drug ,administration the following reports3 7#a7 ,organic trade enforcement interagency coordination report ,a report-- 7,a7 identifying existing barriers to cooperation between the agencies involved in agricultural product import inspection1 trade data collection and organization1 and organically produced agricultural product trade enforcement1 including-- 7i7 ,u4,s4 ,customs and ,border ,protection2 7ii7 the ,food and ,drug ,administration2 7iii7 the ,agricultural ,marketing ,service2 and 7iv7 the ,animal and ,plant ,health ,inspection ,service2 7,b7 assessing progress toward integrating organic trade enforcement into import inspection procedures of ,u4,s4 ,customs and ,border ,protection1 the ,food and ,drug ,administration1 and the ,animal and ,plant ,health ,inspection ,service1 including an assessment of-- 7i7 the status of the development of systems for-- 7,i7 tracking the fumigation of imports of organically produced agricultural products into the ,united ,states2 and 7,,ii7 electronically verifying national organic program import certificate authenticity2 and 7ii7 training of ,u4,s4 ,customs and ,border ,protection personnel on-- 7,i7 the use of the systems described in clause 7i72 and 7,,ii7 requirements and protocols under this title2 7,c7 establishing outcome-based goals for ensuring imports of agricultural products represented as organically produced meet the requirements under this title2 7,d7 recommending steps to improve the documentation and traceability of imported organically produced agricultural products2 7,e7 recommending and describing steps toward the goals of-- 7i7 achieving complete compliance with the requirements of this title for all agricultural products imported into the ,united ,states and represented as organically produced2 and 7ii7 ensuring accurate labeling and marketing of imported agricultural products represented as organically produced by the exporter2 7,f7 providing a timeline for implementing the steps described in subparagraph 7,e72 7,g7 identifying additional resources needed to achieve any unmet goals2 and 7,h7 describing staffing needs at ,u4,s4 ,customs and ,border ,protection1 the ,food and ,drug ,administration1 and the ,department of ,agriculture to achieve the goals for ensuring organic integrity described in the report4 7#b7 ,report on enforcement actions taken on organic imports ,a report-- 7,a7 providing detailed quantitative data 7broken down by commodity type1 quantity1 value1 month1 and origin7 on imports of agricultural products represented as organically produced found to be fraudulent or lacking any documentation required under this title at the port of entry during the report year2 7,b7 providing data on domestic enforcement actions taken on imported agricultural products represented as organically produced1 including-- 7i7 the number and type of actions taken by ,united ,states officials at ports of entry in response to violations of this title2 and 7ii7 the total quantity and value of the agricultural products that were the subject of the actions1 broken down by product variety and country of origin2 7,c7 providing data on fumigation of agricultural products represented as organically produced at ports of entry and notifications of fumigation actions to shipment owners1 broken down by product variety and country of origin2 and 7,d7 providing information on enforcement activities under this title involving overseas investigations and compliance actions taken within that year1 including-- 7i7 the number of investigations by country2 and 7ii7 a descriptive summary of compliance actions taken by certifying agents in each country4 4 #i4 ,authorization of appropriations ,section #babc of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #febb7 is amended-- 7#a7 by striking the section heading and inserting ,funding2 7#b7 in subsection 7b71 by striking paragraphs 7#a7 through 7#g7 and inserting the following3 7#a7 #ae1jjj1jjj for fiscal year #bjah2 7#b7 #af1ejj1jjj for fiscal year #bjai2 7#c7 #ah1jjj1jjj for fiscal year #bjbj2 7#d7 #bj1jjj1jjj for fiscal year #bjba2 7#e7 #bb1jjj1jjj for fiscal year #bjbb2 and 7#f7 #bd1jjj1jjj for fiscal year #bjbc4 2 and 7#c7 by adding at the end the following3 7d7 ,modernization of trade tracking and data collection systems 7#a7 ,in general ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out section #bajf7;b77#d7 #e1jjj1jjj for fiscal year #bjai1 to remain available until expended4 7#b7 ,additional amount ,the amount made available under paragraph 7#a7 shall be in addition to any other amounts made available to carry out section #bajf7;b77#d74 4