Risk-based Oversight for Integrity Act

Section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502) is amended—

(1) by redesignating paragraphs (2), (3), and (6) through (22) as paragraphs (3), (6), (7), (8), (9), (10), (11), (12), (13), (15), (17), (18), (20), (21), (22), (23), (25), (26), and (27), respectively, and moving all paragraphs of that section so as to appear in numerical order;

(2) by inserting after paragraph (1) the following:

The term appropriate committees of Congress means—

(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

(B) the Committee on Agriculture of the House of Representatives.;

(3) by inserting after paragraph (13) (as so redesignated) the following:

The term national organic program means the national organic program established under this title.;

(4) by inserting after paragraph (15) (as so redesignated) the following:

The term National Organic Standards Board means the National Organic Standards Board established under section 2119.;

(5) by inserting after paragraph (18) (as so redesignated) the following:

The term oversight protocols means the regulations, policies, and procedures issued by the Secretary under the authorities provided by sections 2104, 2107, 2114, 2115, 2116, and 2120.; and

(6) by inserting after paragraph (23) (as so redesignated) the following:

The term risk to organic integrity means the likelihood that a product marketed as organically produced is, or contains, an agricultural product that—

(A) was not produced using a system of organic farming in compliance with this title; or

(B) was not processed in compliance with this title.

(1) Section 2104(c) of the Organic Foods Production Act of 1990 (7 U.S.C. 6503(c)) is amended by striking established under section 2119.

(2) Section 2107(c)(2)(A)(ii) of the Organic Foods Production Act of 1990 (7 U.S.C. 6506(c)(2)(A)(ii)) is amended by striking established under section 2119.

(3) Section 2115(c) of the Organic Foods Production Act of 1990 (7 U.S.C. 6514(c)) is amended by striking established under this title.

(4) Section 2123(b) of the Organic Foods Production Act of 1990 (7 U.S.C. 6522(b)) is amended, in the matter preceding paragraph (1), by striking established under this title.

The Organic Foods Production Act of 1990 is amended by inserting after section 2122A (7 U.S.C. 6521a) the following:

Not later than 1 year after the date of enactment of this section, the Secretary shall complete a comprehensive study for the purpose of determining whether the establishment of oversight protocols based on risk to organic integrity and the implementation of related reforms are necessary and appropriate.

In conducting the study under subsection (a), the Secretary shall examine the feasibility of, opportunities for, and implications of, implementing oversight protocols that—

(A) are based on risk to organic integrity;

(B) include differential treatment of noncompliance that increases the risk to organic integrity versus noncompliance that does not increase the risk to organic integrity;

(C) utilize common organic plans under section 2114 that are aligned with the risk to organic integrity;

(D) include a multi-tiered approach to certification aligned with the risk to organic integrity and the scale of the organic operation;

(E) provide for increased guidance and interpretations of standards and criteria established under this title, to be provided by the national organic program to—

(i) certifying agents;

(ii) certified organic farms; and

(iii) certified organic handling operations; and

(F) include virtual inspections as described in subsection (e)(4).

In carrying out paragraph (1), the Secretary shall, with respect to certified organic farms, certified organic handling operations, and certifying agents, take into account—

(A) the scope of certification or accreditation of each entity;

(B) the scale and complexity of each entity;

(C) the domestic or international location of each entity;

(D) the history of compliance of each entity; and

(E) other relevant factors.

Not later than 18 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress, and make publicly available on the website of the Department of Agriculture, a report describing the findings of the study conducted under subsection (a).

In conducting the study under subsection (a), the Secretary shall consult with—

(1) the National Organic Standards Board;

(2) certifying agents;

(3) certified organic farms;

(4) certified organic handling operations;

(5) consumers of organically produced agricultural products; and

(6) other relevant stakeholders.

Based on the findings described in the report under subsection (c), and after consultation with the appropriate committees of Congress, the Secretary may promulgate regulations to establish or modify oversight protocols under this title that the Secretary determines are necessary and appropriate, subject to the condition that such regulations—

(A) maintain strong organic integrity;

(B) support a resilient domestic organic sector; and

(C) are consistent with the requirements of this title.

Any rulemaking proceeding relating to the promulgation of regulations under paragraph (1) shall include a public comment period of not less than 90 days.

In promulgating regulations under paragraph (1), the Secretary may seek—

(A) to reduce oversight costs and administrative burdens for certified organic farms, certified organic handling operations, and certifying agents that present a lower risk to organic integrity; or

(B) to prioritize oversight resources for activities that present a higher risk to organic integrity.

If the Secretary determines, based on the study, report, and consultation required under subsections (a) through (d) and paragraph (1), that it would be appropriate to allow certifying agents to conduct a limited number of annual inspections under section 2107(a)(5) virtually pursuant to the protocol described in subparagraph (B), the Secretary may, subject to all other requirements of this subsection, include in any regulations promulgated under paragraph (1) provisions allowing for the use of virtual inspections consistent with that protocol.

The protocol referred to in subparagraph (A) is the following:

(i) In the case of a farm or handling operation located outside the United States, all inspections shall be conducted on-site.

(ii) In the case of a farm or handling operation located in the United States, inspections shall be conducted on-site once every 3 years with intervening annual inspections being conducted on-site or virtually based on the risk to organic integrity at the farm or handling operation, as determined by the Secretary.

(iii) In the case of a handling operation that acquires but does not physically receive, process, package, or store organic product, inspections shall be conducted through inspection methods, including virtual methods, that provide sufficient assurance of compliance with this title, as determined by the Secretary.

Nothing in this section limits the authority of the Secretary to enforce compliance with this title to protect organic integrity.

Section 2107(a) of the Organic Foods Production Act of 1990 (7 U.S.C. 6506(a)) is amended by striking paragraph (5) and inserting the following:

(5) provide for annual inspections by the certifying agent of each farm and handling operation that has been certified under this title, which shall be conducted—

(A) on-site; or

(B) if the Secretary has promulgated regulations under section 2122B(e) allowing for the limited use of virtual inspections, pursuant to those regulations.

The table of contents in section 1(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3370) is amended by striking the item relating to section 2123 and inserting the following: