Study and reform of National Organic Program oversight protocols

The Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) is amended by inserting after section 2122A (7 U.S.C. 6521a) the following: 2122B. Study and reform of National Organic Program oversight protocols (a) Study Not later than 12 months after the date of enactment of this section, the Secretary shall conduct a comprehensive study for the purpose of determining whether the establishment of oversight protocols based on risk to organic integrity and the implementation of related reforms are necessary and appropriate. (b) Elements (1) In general In conducting the study under subsection (a), the Secretary shall examine the feasibility, opportunities, and implications of implementing oversight protocols that— (A) are based on risk to organic integrity; (B) include differential treatment of non-compliance that increases the risk to organic integrity versus non-compliance that does not; (C) adopt standardized organic plans under section 2114 aligned with the risk to organic integrity; (D) include a multi-tiered approach to certification aligned with the risk to organic integrity and the scale of the organic operation; and (E) provide increased guidance and interpretations of standards and criteria established under this title given by the National Organic Program to certifying agents and to certified organic farms and handling operations. (2) Consideration of relevant factors In administering paragraph (1), the Secretary shall, with respect to certified organic farms, certified organic handling operations, and certifying agents, take into account— (A) the scope of certification or accreditation of each entity; (B) the scale and complexity of each entity; (C) the domestic or international location of each entity; (D) the history of compliance of each entity; and (E) other relevant factors. (c) Report Not later than 18 months after the date of enactment of this section, the Secretary shall submit to the appropriate congressional committees, and make publically available on the websites of the Department of Agriculture, a report describing the findings of the study conducted under subsection (a). (d) Consultation In conducting the study under subsection (a), the Secretary shall consult with— (1) the National Organic Standards Board; (2) certifying agents; (3) certified organic farms and handling operations; (4) organic consumers; and (5) other relevant organic stakeholders. (e) Authority to establish additional terms and conditions (1) Issuance of regulations Based on the findings described in the report under subsection (c), and after consultation with the appropriate congressional committees, the Secretary may issue regulations to establish or modify oversight protocols under this title that the Secretary determines are necessary and appropriate, provided such regulations maintain strong organic integrity, support a resilient domestic organic sector, and are consistent with the requirements of this title. (2) Reducing oversight costs; prioritization In issuing the regulations under paragraph (1), the Secretary may seek to— (A) reduce oversight costs and administrative burdens for certified organic farms, certified organic handling operations, and certifying agents that present a lower risk to organic integrity; or (B) prioritize oversight resources for activities that present a higher risk to organic integrity. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Agriculture of the House of Representatives; and (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (g) Rule of construction Nothing in this section shall be construed to limit the Secretary’s authority to enforce compliance with this title to protect organic integrity..