Page:United States Statutes at Large Volume 104 Part 5.djvu/620

 104 STAT. 3942 PUBLIC LAW 101-624—NOV. 28, 1990 (4) add any ingredients that are not organically produced in accordance with this title and the applicable organic certification program, unless such ingredients are included on the National List and represent not more than 5 percent of the weight of the total finished product (excluding salt and water); (5) use any packaging materials, storage containers or bins that contain synthetic fungicides, preservatives, or fumigants; (6) use any bag or container that had previously been in contact with any substance in such a manner as to compromise the organic quality of such product; or (7) use, in such product water that does not meet all Safe Drinking Water Act requirements. (b) MEAT. — For a farm or handling operation to be organically certified under this title, producers on such farm or persons on such handling operation shall ensure that organically produced meat does not come in contact with nonorganically produced meat. 7 USC 6511. SEC. 2112. ADDITIONAL GUIDELINES. (a) 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 title to assist in the enforcement of this title. (b) PRE-HARVEST 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. (c) COMPLIANCE REVIEW.— (1) 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 title 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. (2) REMOVAL OF ORGANIC LABEL.— I f, as determined by the Secretary, the applicable governing State official, or the certify- ing agent, the investigation conducted under paragraph (1) indicates that the residue is— (A) the result of intentional application of a prohibited substance; or (B) present at levels that are greater than unavoidable residual environmental contamination as prescribed by the Secretary or the applicable governing State official in consultation with the appropriate environmental regulatory agencies; such agricultural product shall not be sold or labeled as organically produced under this title. (d) RECORDKEEPING REQUIREMENTS.— Producers who operate a certified organic farm or handling operation under this title shall maintain records for 5 years concerning the production or handling of agricultural products sold or labeled as organically produced under this title, including— (1) a detailed history of substances applied to fields or agricultural products; and

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