Page:United States Statutes at Large Volume 104 Part 5.djvu/623

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3945 (e) PRIVATE CERTIFYING AGENT AGREEMENT.—Any certifying agent that is a private person shall, in addition to the gigreement required in subsection (d)— (1) agree to hold the Secretary harmless for any failure on the part of the certifying agent to carry out the provisions of this title; and (2) furnish reasonable security, in an amount determined by the Secretary, for the purpose of protecting the rights of participants in the applicable organic certification program established under this title. (f) CoMPUANCE WITH PROGRAM.—Any certifying agent shall fully comply with the terms and conditions of the applicable organic certification program implemented under this title. (g) CONFIDENTIALITY. — Except as provided in section 2107(a)(9), any certifying agent shall maintain strict confidentiality with respect to its clients under the applicable organic certification program and may not disclose to third parties (with the exception of the Secretary or the applicable governing State official) any business related information concerning such client obtained while implementing this title. (h) CONFLICT OF INTEREST.—Any certifying agent shall not— (1) carry out any inspections of any operation in which such certifying agent, or employee of such certifying agent has, or has had, a commercial interest, including the provision of consultancy services; (2) accept payment, gifts, or favors of any kind from the business inspected other than prescribed fees; or (3) provide advice concerning organic practices or techniques for a fee, other than fees established under such program. (i) ADMINISTRATOR. —A certifying agent that is a private person shall nominate the individual who controls the day-to-day operation of the agent. (j) Loss OF ACCREDITATION.— (1) NONCOMPLIANCE. — If the Secretary or the governing State official (if applicable) determines that a certifying agent is not properly adhering to the provisions of this title, the Secretary or such governing State official may suspend such certifying agent's accreditation. (2) EFFECT ON CERTIFIED OPERATIONS.— I f the accreditation of a certifying agent is suspended under paragraph (1), the Secretary or the governing State official (if applicable) shall promptly determine whether farming or handling operations certified by certifying such agent may retain their organic certification. SEC. 2117. PEER REVIEW OF CERTIFYING AGENTS. 7 USC 6516. (a) PEER REVIEW. —In determining whether to approve an applica- Reports. tion for accreditation submitted under section 2115, the Secretary shall consider a report concerning such applicant that shall be prepared by a peer review panel established under subsection (b). (b) PEER REVIEW PANEL.—To assist the Secretary in evaluating applications under section 2115, the Secretary may establish a panel of not less than three persons who have expertise in organic farming and handling methods, to evaluate the State governing official or private person that is seeking accreditation as a certifying agent under such section. Not less than two members of such panel shall be persons who are not employees of the Department of Agriculture or of the applicable State government.

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