In general
The Secretary, the applicable governing State official, and the certifying agent shall utilize a system of residue testing to test products sold or labeled as organically produced under this chapter to assist in the enforcement of this chapter.
Preharvest testing
The Secretary, the applicable governing State official, or the certifying agent may require preharvest tissue testing of any crop grown on soil suspected of harboring contaminants.
Compliance review
Inspection
If the Secretary, the applicable governing State official, or the certifying agent determines that an agricultural product sold or labeled as organically produced under this chapter contains any detectable pesticide or other non-organic residue or prohibited natural substance the Secretary, the applicable governing State official, or the certifying agent shall conduct an investigation to determine if the organic certification program has been violated, and may require the producer or handler of such product to prove that any prohibited substance was not applied to such product.
Removal of organic label
Pub. L. 101–624, title XXI, § 2112104 Stat. 3942 Pub. L. 102–237, title X, § 1001(4)105 Stat. 1893 Pub. L. 113–79, title X, § 10005(a)128 Stat. 944 (, , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 113–792014—Subsec. (d). struck out subsec. (d) which related to recordkeeping requirements for producers who operate a certified organic farm or handling operation.
Pub. L. 102–2371991—Subsec. (b). substituted “Preharvest” for “Pre-harvest” in heading.