Page:United States Statutes at Large Volume 104 Part 5.djvu/622

 104 STAT. 3944 PUBLIC LAW 101-624—NOV. 28, 1990 (3) include a plan for the harvesting or gathering of the wild crops gissuring that such harvesting or gathering will not be destructive to the environment and will sustain the growth and production of the wild crop; and (4) include provisions that no prohibited substances will be applied by the producer. (g) LIMITATION ON CONTENT OF PLAN. —An organic plan shall not include any production or handling practices that are inconsistent with this title. 7 USC 6514. SEC. 2115. ACCREDITATION PROGRAM. (a) IN GENERAL.— The Secretary shall establish and implement a program to accredit a governing State official, and any private person, that meets the requirements of this section as a certifying agent for the purpose of certifying a farm or handling operation as a certified organic farm or handling operation. (b) REQUIREMENTS. — To be accredited as a certifying agent under this section, a governing State official or private person shall— (1) prepare and submit, to the Secretary, an application for such accreditation; (2) have sufficient expertise in organic farming and handling techniques as determined by the Secretary; and (3) comply with the requirements of this section and section 2116. (c) DURATION OF DESIGNATION.—An accreditation made under this section shall be for a period of not to exceed 5 years, as determined appropriate by the Secretary, and may be renewed. 7 USC 6515. SEC. 2116. REQUIREMENTS OF CERTIFYING AGENTS. (a) ABILITY TO IMPLEMENT REQUIREMENTS. — To be accredited as a certifying agent under section 2115, a governing State official or a person shall be able to fully implement the applicable organic certification program established under this title. Ob) INSPECTORS. —Any certifying agent shall employ a sufficient number of inspectors to implement the applicable organic certification program established under this title, as determined by the Secretary. (c) RECORDKEEPING. — (1) MAINTENANCE OF RECORDS.— Any certifying agent shall maintain all records concerning its activities under this title for a period of not less than 10 years. (2) ACCESS FOR SECRETARY. —Any certifying agent shall allow representatives of the Secretary and the governing State official access to any and all records concerning the certifying agent's activities under this title. (3) TRANSFERENCE OF RECORDS.—I f any private person that was certified under this title is dissolved or loses its accreditation, all records or copies of records concerning such person's activities under this title shall be transferred to the Secretary and made available to the applicable governing State official. (d) AGREEMENT.—Any certifying agent shall enter into an agreement with the Secretary under which such agent shall— (1) agree to carry out the provisions of this title; and (2) agree to such other terms and conditions as the Secretary determines appropriate.

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