§6502. Definitions

(1)

Agricultural product— The term “agricultural product” means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed in the United States for human or livestock consumption.

(2)

Botanical pesticides— The term “botanical pesticides” means natural pesticides derived from plants.

(3)

Certifying agent—

(A)

In general— The term “certifying agent” means the chief executive officer of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, and any person (including private entities) who is accredited by the Secretary as a certifying agent for the purpose of certifying a farm or handling operation as a certified organic farm or handling operation in accordance with this chapter.

(B)

Foreign operations— When used in the context of a certifying agent operating in a foreign country, the term “certifying agent” includes any person (including a private entity)—

(i)

accredited in accordance with section 6514(d) of this title; or

(ii)

accredited by a foreign government that acted under an equivalency agreement negotiated between the United States and the foreign government from which the agricultural product is imported.

(4)

Certified organic farm— The term “certified organic farm” means a farm, or portion of a farm, or site where agricultural products or livestock are produced, that is certified by the certifying agent under this chapter as utilizing a system of organic farming as described by this chapter.

(5)

Certified organic handling operation— The term “certified organic handling operation” means any operation, or portion of any handling operation, that is certified by the certifying agent under this chapter as utilizing a system of organic handling as described under this chapter.

(6)

Crop year— The term “crop year” means the normal growing season for a crop as determined by the Secretary.

(7)

Governing State official— The term “governing State official” means the chief executive official of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, who administers an organic certification program under this chapter.

(8)

Handle— The term “handle” means to sell, process or package agricultural products.

(9)

Handler— The term “handler” means any person engaged in the business of handling agricultural products, except such term shall not include final retailers of agricultural products that do not process agricultural products.

(10)

Handling operation— The term “handling operation” means any operation or portion of an operation (except final retailers of agricultural products that do not process agricultural products) that—

(A)

receives or otherwise acquires agricultural products; and

(B)

processes, packages, or stores such products.

(11)

Livestock— The term “livestock” means any cattle, sheep, goats, swine, poultry, equine animals used for food or in the production of food, fish used for food, wild or domesticated game, or other nonplant life.

(12)

National List— The term “National List” means a list of approved and prohibited substances as provided for in section 6517 of this title.

(13)

National organic program import certificate— The term “national organic program import certificate” means a form developed for purposes of the program under this chapter—

(A)

to provide documentation sufficient to verify that an agricultural product imported for sale in the United States satisfies the requirement under section 6514(c) of this title;

(B)

which shall include, at a minimum, information sufficient to indicate, with respect to the agricultural product—

(i)

the origin;

(ii)

the destination;

(iii)

the certifying agent issuing the national organic program import certificate;

(iv)

the harmonized tariff code, if a harmonized tariff code exists for the agricultural product;

(v)

the total weight; and

(vi)

the organic standard to which the agricultural product is certified; and

(C)

that is not more than otherwise required under an equivalency agreement negotiated between the United States and the foreign government.

(14)

Organic plan— The term “organic plan” means a plan of management of an organic farming or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production or handling described in this chapter including crop rotation and other practices as required under this chapter.

(15)

Organically produced— The term “organically produced” means an agricultural product that is produced and handled in accordance with this chapter.

(16)

Person— The term “person” means an individual, group of individuals, corporation, association, organization, cooperative, or other entity.

(17)

Pesticide— The term “pesticide” means any substance which alone, in chemical combination, or in any formulation with one or more substances, is defined as a pesticide in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).

(18)

Processing— The term “processing” means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, and includes the packaging, canning, jarring, or otherwise enclosing food in a container.

(19)

Producer— The term “producer” means a person who engages in the business of growing or producing food or feed.

(20)

Secretary— The term “Secretary” means the Secretary of Agriculture.

(21)

State organic certification program— The term “State organic certification program” means a program that meets the requirements of section 6506 of this title, is approved by the Secretary, and that is designed to ensure that a product that is sold or labeled as “organically produced” under this chapter is produced and handled using organic methods.

(22)

Synthetic— The term “synthetic” means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes.

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