HR 8157
Risk-based Oversight for Integrity Act
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Bill overview
The Risk-based Oversight for Integrity Act aims to modernize the oversight of the National Organic Program by directing a study on how to assess and manage risks to organic integrity. The bill redefines ‘risk to organic integrity’ and updates inspection requirements to prioritize farms and operations based on their risk level. It also mandates a study to determine if risk-based protocols and related reforms are necessary and appropriate, allowing the Secretary to establish or modify oversight protocols accordingly.
Key provisions
- Defines ‘risk to organic integrity’ as the likelihood of non-compliance with organic standards.
- Updates inspection requirements for certified farms and handling operations, prioritizing on-site inspections for higher-risk entities.
- Mandates a study by the Secretary to evaluate the feasibility of risk-based oversight protocols.
- Requires the Secretary to consult with stakeholders, including the National Organic Standards Board and certifying agents, during the study.
- Authorizes the Secretary to issue regulations based on the study’s findings to adjust oversight protocols.
- Allows for reduced oversight costs and prioritization of resources for higher-risk operations.
- Establishes a reporting requirement for the study’s findings.
- Defines ‘oversight protocols’ as regulations, policies, and procedures issued by the Secretary.
Who is affected
- Organic farmers
- Organic handlers
- Certifying agents
- The Department of Agriculture
Sponsors
Official sponsors from legislative records.
Primary sponsor
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119th CONGRESS — 2d Session
H. R. 8157
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Organic Foods Production Act of 1990 to modernize oversight by directing a study on risk-based oversight, defining risk to organic integrity, and authorizing regulatory reforms, and for other purposes.
This Act may be cited as the Risk-based Oversight for Integrity Act
.
Section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502) is amended—
by redesignating paragraphs (20) through (22) as paragraphs (22) through (24), respectively;
by redesignating paragraphs (16) through (19) as paragraphs (17) through (20), respectively;
by inserting after paragraph (15) the following:
by inserting after paragraph (20), as so redesignated, the following:
Paragraph (5) of section 2107(a) of the Organic Foods Production Act of 1990 (7 U.S.C. 6506(a)) is amended to read as follows:
in the case of a farm or handling operation site located in the United States, conducted on-site once every three years with intervening annual inspections being conducted on-site or virtually based on the farm’s or handling operation’s risk to organic integrity, as determined by the Secretary; and
in the case of a handling operation that acquires but does not physically receive, process, package, or store organic product, conducted through inspection methods, including virtual methods, that provide sufficient assurance of compliance, as determined by the Secretary;
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:
are based on risk to organic integrity;
include differential treatment of non-compliance that increases the risk to organic integrity versus non-compliance that does not;
adopt standardized organic plans under section 2114 aligned with the risk to organic integrity;
include a multi-tiered approach to certification aligned with the risk to organic integrity and the scale of the organic operation; and
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.
the scope of certification or accreditation of each entity;
the scale and complexity of each entity;
the domestic or international location of each entity;
the history of compliance of each entity; and
other relevant factors.
the National Organic Standards Board;
certifying agents;
certified organic farms and handling operations;
organic consumers; and
other relevant organic stakeholders.
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.
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
prioritize oversight resources for activities that present a higher risk to organic integrity.
In this section, the term appropriate congressional committees means—
the Committee on Agriculture, Nutrition, and Forestry of the Senate.