---
kind: "section"
citation: "7 U.S.C. § 138a"
title: "7"
title_heading: "Agriculture"
number: "138a"
heading: "National Laboratory Accreditation Program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/138a"
units:
  - "Chapter 6A — National Laboratory Accreditation"
---

# §138a. National Laboratory Accreditation Program

- (a) **Establishment of Program—** The [Secretary](/usc/7/138.md?p=5) shall administer a National [Laboratory](/usc/7/138.md?p=3) Accreditation Program under which [laboratories](/usc/7/138.md?p=3) that request accreditation and conduct residue testing of [agricultural products](/usc/7/138.md?p=1), or that make claims to the public or buyers of [agricultural products](/usc/7/138.md?p=1) concerning chemical residue levels on [agricultural products](/usc/7/138.md?p=1), shall be determined to meet certain minimum quality and reliability standards.
- (b) **Standards—** The [Secretary](/usc/7/138.md?p=5) of Health and Human Services, after consultation with the [Secretary](/usc/7/138.md?p=5) and the Administrator of the Environmental Protection Agency, shall establish, through regulations, standards for the National [Laboratory](/usc/7/138.md?p=3) Accreditation program[^1] that shall include—
  - (1) standards applicable to [laboratories](/usc/7/138.md?p=3);
  - (2) qualifications for directors and other personnel; and
  - (3) standards and procedures for quality assurance programs.
- (c) **Accrediting bodies—** The [Secretary](/usc/7/138.md?p=5) of Health and Human Services shall approve [State](/usc/7/198.md?p=5) agencies or private, nonprofit entities as accrediting bodies to act on behalf of such [Secretary](/usc/7/138.md?p=5) in implementing the certification and quality assurance programs in accordance with the requirements of this section. In making such approvals the [Secretary](/usc/7/138.md?p=5) of Health and Human Services shall—
  - (1) oversee and review the performance of any accrediting body acting on behalf of the [Secretary](/usc/7/138.md?p=5) to ensure that such accrediting body is in compliance with the requirements of the certification program under this section; and
  - (2) have the right to obtain from an accrediting body acting on behalf of the [Secretary](/usc/7/138.md?p=5) and from any [laboratory](/usc/7/138.md?p=3) that may be certified by such a body all records and materials that may be necessary for the oversight and review required by [paragraph (1)](#c-1).
- (d) **Requirements—** To be accredited under this chapter, a [laboratory](/usc/7/138.md?p=3) shall—
  - (1) prepare and submit an application for accreditation to the [Secretary](/usc/7/138.md?p=5); and
  - (2) comply with such terms and conditions as are determined necessary by the [Secretary](/usc/7/138.md?p=5) and the [Secretary](/usc/7/138.md?p=5) of Health and Human Services.
- (e) **Exceptions—** This chapter shall not apply to—
  - (1) a [laboratory](/usc/7/138.md?p=3) operated by a government agency;
  - (2) a [laboratory](/usc/7/138.md?p=3) operated by a corporation that only performs analysis of residues on [agricultural products](/usc/7/138.md?p=1) for such corporation or any wholly owned subsidiary of such corporation and does not make claims to the public or buyers based on such analysis;
  - (3) a [laboratory](/usc/7/138.md?p=3) operated by a partnership that only performs analysis of residues on [agricultural products](/usc/7/138.md?p=1) for the partners of such partnership and does not make claims to the public or buyers based on such analysis; or
  - (4) a [laboratory](/usc/7/138.md?p=3) not operated for commercial purposes that performs [pesticide](/usc/7/138.md?p=4) chemical residue analysis on [agricultural products](/usc/7/138.md?p=1) for research or quality control for the internal use of a [person](/usc/7/499a.md?p=b-1) who is initiating the analysis.

## Footnotes

[^1]: So in original. Probably should be capitalized.

## Source credit

(Pub. L. 101–624, title XIII, § 1322, Nov. 28, 1990, 104 Stat. 3562.)