Annual testing and corrective action

(a) Risk-Based protocol The Secretary, in consultation with the Secretary of Homeland Security and the organic agricultural product imports interagency working group established under section 2122A of the Organic Foods Production Act of 1990 (7 U.S.C. 6521a), shall develop and regularly update risk-based protocols for— (1) determining which imported organic feedstuffs shall be included on the list of covered organic feedstuffs described in subsection (b) each year; and (2) determining necessary parameters of residue testing for those imported organic feedstuffs, including— (A) frequency of testing; (B) quantity to be tested; (C) type of testing; (D) responsibility for testing; and (E) other necessary parameters. (b) List of covered organic feedstuffs (1) In general The Secretary, using the risk-based protocol established under subsection (a)(1), shall establish and annually update a list of imported organic feedstuffs for which the Secretary shall carry out residue testing under subsection (c) during that year. (2) Confidentiality The list established under paragraph (1) shall not be made publicly available. (c) Annual testing Each year, the Secretary shall carry out residue testing for each covered organic feedstuff. (d) Corrective action Beginning on the date of enactment of this Act, if any residue testing required under subsection (c) indicates any detectable prohibited substance at a level in excess of the level permitted by the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) or the relevant, equivalent organic certification program of a State, the applicable shipment of that covered organic feedstuff— (1) shall be excluded from organic sale; and (2) may not be sold, labeled, or represented as organically produced.