Page:United States Statutes at Large Volume 104 Part 5.djvu/616

 104 STAT. 3938 PUBLIC LAW 101-624—NOV. 28, 1990 (c) EXEMPTIONS FOR PROCESSED FOOD. — Subsection (a) shall not apply to agricultural products that— (1) contain at least 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word "organic" to be used on the principal display panel of such products only for the purpose of describing the organically produced ingredients; or (2) contain less than 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word "organic" to appear on the ingredient listing panel to describe those ingredients that are organically produced in accordance with this title. (d) SMALL FARMER EXEMPTION.—Subsection (a)(1) shall not apply to persons who sell no more than $5,000 annually in value of agricultural products. 7 USC 6506. SEC. 2107. GENERAL REQUIREMENTS. (a) IN GENERAL. —A program established under this title shall— (1) provide that an agricultural product to be sold or labeled as organically produced must— (A) be produced only on certified organic farms and handled only through certified organic handling operations in accordance with this title; and (B) be produced and handled in accordance with such program; (2) require that producers and handlers desiring to participate under such program establish an organic plan under section 2114; (3) provide for procedures that allow producers and handlers to appeal an adverse administrative determination under this title; (4) require each certified organic farm or each certified organic handling operation to certify to the Secretary, the governing State official (if applicable), and the certifying agent on an annual basis, that such farm or handler has not produced or handled any agricultural product sold or labeled as organically produced except in accordance with this title; (5) provide for annual on-site inspection by the certifying agent of each farm and handling operation that has been certified under this title; (6) require periodic residue testing by certifying agents of agricultural products that have been produced on certified organic farms and handled through certified organic handling operations to determine whether such products contain any pesticide or other nonorganic residue or natural toxicants and to require certifying agents, to the extent that such agents are aware of a violation of applicable laws relating to food safety, to report such violation to the appropriate health agencies; (7) provide for appropriate and adequate enforcement procedures, as determined by the Secretary to be necessary and consistent with this title; (8) protect against conflict-of-interest as specified under section 2116(h);

�