Page:United States Statutes at Large Volume 104 Part 5.djvu/617

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3939 (9) provide for public access to certification documents and laboratory Einalyses that pertain to certification; (10) provide for the collection of reasonable fees from producers, certifying agents and handlers who participate in such program; and (11) require such other terms and conditions as may be determined by the Secretary to be necessary. (b) DISCRETIONARY REQUIREMENTS.— An organic certification program established under this title may— (1) provide for the certification of an entire farm or handling operation or specific fields of a farm or parts of a handling operation if— (A) in the case of a farm or field, the area to be certified has distinct, defined boundaries and buffer zones separating the land being operated through the use of orgsinic methods from land that is not being operated through the use of such methods; (B) the operators of such farm or handling operation maintain records of all orgeinic operations separate from records relating to other operations and make such records available at all times for inspection by the Secretary, the certifying agent, and the governing State official; and (C) appropriate physical facilities, machinery, and management practices are established to prevent the possibility of a mixing of organic and nonorganic products or a penetration of prohibited chemicals or other substances on the certified area; and (2) provide for reasonable exemptions from specific requirements of this title (except the provisions of section 2112) with respect to agricultural products produced on certified organic farms if such farms are subject to a Federal or State emergency pest or disease treatment program. (c) STATE PROGRAM.— A State organic certification program approved under this title may contain additional guidelines governing the production or handling of products sold or labeled as organically produced in such State as required in section 2108. SEC. 2108. STATE ORGANIC CERTIFICATION PROGRAM. 7 USC 6507. (a) IN GENERAL. —The governing State official may prepare and submit a plan for the establishment of a State organic certification program to the Secretary for approval. A State organic certification program must meet the requirements of this title to be approved by the Secretary. (b) ADDITIONAL REQUIREMENTS. — (1) AUTHORITY. — A State organic certification program established under subsection (a) may contain more restrictive requirements governing the organic certification of farms and handling operations and the production and handling of agricultural products that are to be sold or labeled as organically produced under this title than are contained in the program established by the Secretary. (2) CONTENT.—Any additional requirements established under paragraph (1) shall— (A) further the purposes of this title; (B) not be inconsistent with this title;

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