Page:United States Statutes at Large Volume 104 Part 5.djvu/628

 104 STAT. 3950 PUBLIC LAW 101-624—NOV. 28, 1990 (B) attempts to have a label indicating that an agricultural product is organically produced affixed to such product that such person knows, or should have reason to know, to have been produced or handled in a manner that is not in accordance with this title; or (C) otherwise violates the purposes of the applicable organic certification program as determined by the Secretary; after notice and an opportunity to be heard, shall not be eligible, for a period of 5 years from the date of such occurrence, to receive certification under this title with respect to any farm or handling operation in which such person has an interest. (2) WAIVER. —Notwithstanding paragraph (1), the Secretary may reduce or eliminate the period of ineligibility referred to in such paragraph if the Secretary determines that such modification or waiver is in the best interests of the applicable organic certification program established under this title. (d) REPORTING OF VIOLATIONS. —A certifying agent shall immediately report any violations of this title to the Secretary or the governing State official (if applicable). (e) VIOLATIONS BY CERTIFYING AGENT.— A certifying agent that is a private person that violates the provisions of this title or that falsely or negligently certifies any farming or handling operation that does not meet the terms and conditions of the applicable organic certification program as an organic operation, as determined by the Secretary or the governing State official (if applicable) shall, after notice and an opportunity to be heard— (1) lose its accreditation as a certifying agent under this title; and (2) be ineligible to be accredited as a certifying agent under this title for a period of not less than 3 years subsequent to the date of such determination. (f) EFFECT OF OTHER LAWS. — Nothing in this title shall alter the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), and the Egg Products Inspection Act (21 U.S.C. 1031 et seq.) concerning meat, poultry and egg products, nor any of the authorities of the Secretary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), nor the authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.). 7 USC 6520. SEC. 2121. ADMINISTRATIVE APPEAL. (a) EXPEDITED APPEALS PROCEDURE. —The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary, the applicable governing State official, or a certifying agent under this title that— (1) adversely affects such person; or (2) is inconsistent with the organic certification program established under this title. (b) APPEAL OF FINAL DECISION.— A final decision of the Secretary under subsection (a) may be appealed to the United States District Court for the District in which such person is located.

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