View all text of Chapter 94 [§ 6501 - § 6524]
§ 6515. Requirements of certifying agents
(a) Ability to implement requirements
(b) Inspectors
(c) 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 chapter; and
(2) agree to such other terms and conditions as the Secretary determines appropriate.
(d) Private certifying agent agreement
Any certifying agent that is a private person shall, in addition to the agreement required in subsection (c)—
(1) agree to hold the Secretary harmless for any failure on the part of the certifying agent to carry out the provisions of this chapter; 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 chapter.
(e) Compliance with program
(f) Confidentiality
(g) 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.
(h) Administrator
(i) Loss of accreditation
(1) Noncompliance
(2) Oversight of certifying offices and foreign operations
(A) In general
If the Secretary determines that an office of a certifying agent or entity described in paragraph (1) is not complying with the provisions of this chapter, the Secretary may suspend the operations of the certifying agent or the noncompliant office, including—
(i) an office operating in a foreign country; and
(ii) an office operating in the United States, including an office acting on behalf of a foreign-domiciled entity.
(B) Process for resuming operations following suspension
(3) Effect on certified operations
(j) Notice
(Pub. L. 101–624, title XXI, § 2116, Nov. 28, 1990, 104 Stat. 3944; Pub. L. 102–237, title X, § 1001(5), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 113–79, title X, § 10005(b)(1), Feb. 7, 2014, 128 Stat. 944; Pub. L. 115–334, title X, § 10104(d), Dec. 20, 2018, 132 Stat. 4900.)