Page:United States Statutes at Large Volume 104 Part 5.djvu/627

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3949 farms if such farms are subject to a Federal or State emergency pest or disease treatment program. (1) REQUIREMENTS. — In establishing the proposed National List or proposed amendments to the National List, the Board shall— (1) review available information from the Environmental Protection Agency, the National Institute of Environmental Health Studies, and such other sources as appropriate, concerning the potential for adverse human and environmental effects of substances considered for inclusion in the proposed National List; (2) work with manufacturers of substances considered for inclusion in the proposed National List to obtain a complete list of ingredients and determine whether such substances contain inert materials that are S3mthetically produced; and (3) submit to the Secretary, along with the proposed National List or any proposed amendments to such list, the results of the Board's evaluation and the evaluation of the technical advisory panel of all substances considered for inclusion in the National List. (m) EVALUATION.— In evaluating substances considered for inclusion in the proposed National List or proposed amendment to the National List, the Board shall consider— (1) the potential of such substances for detrimental chemical interactions with other materials used in organic farming systems; (2) the toxicity and mode of action of the substance and of its breakdown products or any contaminants, and their persistence and areas of concentration in the environment; (3) the probability of environmental contamination during manufacture, use, misuse or disposal of such substance; (4) the effect of the substance on human health; (5) the effects of the substance on biological and chemical interactions in the agroecosystem, including the physiological effects of the substance on soil organisms (including the salt index and solubility of the soil), crops and livestock; (6) the alternatives to using the substance in terms of practices or other available materials; and (7) its compatibility with a system of sustainable agriculture, (n) PETITIONS.—The Board shall establish procedures under which persons may petition the Board for the purpose of evaluating substances for inclusion on the National List. (o) CONFIDENTIAUTY.—Any confidential business information obtained by the Board in carrying out this section shall not be released to the public. SEC. 2120. VIOLATIONS OF TITLE. 7 USC 6519. (a) MISUSE OF LABEL.— Any person who knowingly sells or labels a product as organic, except in accordance with this title, shall be subject to a civil penalty of not more than $10,000. (b) FALSE STATEMENT.—Any person who makes a false statement under this title to the Secretary, a governing State official, or a certifying agent shall be subject to the provisions of section 1001 of title 18, United States Code. (c) INELIGIBILITY. — (1) IN GENERAL.— Except as provided in paragraph (2), any person who— (A) makes a false statement;

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