SenateS. 4904119th Congress
Risk-based Oversight for Integrity Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4904 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4904
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2026
Mr. McCormick (for himself and Mr. Schiff) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Risk-based Oversight for Integrity
Act''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 2103 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6502) is amended--
(1) by redesignating paragraphs (2), (3), and (6) through
(22) as paragraphs (3), (6), (7), (8), (9), (10), (11), (12),
(13), (15), (17), (18), (20), (21), (22), (23), (25), (26), and
(27), respectively, and moving all paragraphs of that section
so as to appear in numerical order;
(2) by inserting after paragraph (1) the following:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
``(B) the Committee on Agriculture of the House of
Representatives.'';
(3) by inserting after paragraph (13) (as so redesignated)
the following:
``(14) National organic program.--The term `national
organic program' means the national organic program established
under this title.'';
(4) by inserting after paragraph (15) (as so redesignated)
the following:
``(16) National organic standards board.--The term
`National Organic Standards Board' means the National Organic
Standards Board established under section 2119.'';
(5) by inserting after paragraph (18) (as so redesignated)
the following:
``(19) Oversight protocols.--The term `oversight protocols'
means the regulations, policies, and procedures issued by the
Secretary under the authorities provided by sections 2104,
2107, 2114, 2115, 2116, and 2120.''; and
(6) by inserting after paragraph (23) (as so redesignated)
the following:
``(24) Risk to organic integrity.--The term `risk to
organic integrity' means the likelihood that a product marketed
as organically produced is, or contains, an agricultural
product that--
``(A) was not produced using a system of organic
farming in compliance with this title; or
``(B) was not processed in compliance with this
title.''.
(b) Conforming Amendments.--
(1) Section 2104(c) of the Organic Foods Production Act of
1990 (7 U.S.C. 6503(c)) is amended by striking ``established
under section 2119''.
(2) Section 2107(c)(2)(A)(ii) of the Organic Foods
Production Act of 1990 (7 U.S.C. 6506(c)(2)(A)(ii)) is amended
by striking ``established under section 2119''.
(3) Section 2115(c) of the Organic Foods Production Act of
1990 (7 U.S.C. 6514(c)) is amended by striking ``established
under this title''.
(4) Section 2123(b) of the Organic Foods Production Act of
1990 (7 U.S.C. 6522(b)) is amended, in the matter preceding
paragraph (1), by striking ``established under this title''.
SEC. 3. STUDY AND REFORM OF NATIONAL ORGANIC PROGRAM OVERSIGHT
PROTOCOLS.
(a) In General.--The Organic Foods Production Act of 1990 is
amended by inserting after section 2122A (7 U.S.C. 6521a) the
following:
``SEC. 2122B. STUDY AND REFORM OF NATIONAL ORGANIC PROGRAM OVERSIGHT
PROTOCOLS.
``(a) Study.--Not later than 1 year after the date of enactment of
this section, the Secretary shall complete 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 of,
opportunities for, and implications of, implementing oversight
protocols that--
``(A) are based on risk to organic integrity;
``(B) include differential treatment of
noncompliance that increases the risk to organic
integrity versus noncompliance that does not increase
the risk to organic integrity;
``(C) utilize common organic plans under section
2114 that are 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;
``(E) provide for increased guidance and
interpretations of standards and criteria established
under this title, to be provided by the national
organic program to--
``(i) certifying agents;
``(ii) certified organic farms; and
``(iii) certified organic handling
operations; and
``(F) include virtual inspections as described in
subsection (e)(4).
``(2) Consideration of relevant factors.--In carrying out
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
committees of Congress, and make publicly available on the website 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;
``(4) certified organic handling operations;
``(5) consumers of organically produced agricultural
products; and
``(6) other relevant stakeholders.
``(e) Authority To Establish Additional Terms and Conditions.--
``(1) Oversight protocols.--Based on the findings described
in the report under subsection (c), and after consultation with
the appropriate committees of Congress, the Secretary may
promulgate regulations to establish or modify oversight
protocols under this title that the Secretary determines are
necessary and appropriate, subject to the condition that such
regulations--
``(A) maintain strong organic integrity;
``(B) support a resilient domestic organic sector;
and
``(C) are consistent with the requirements of this
title.
``(2) Public comment period.--Any rulemaking proceeding
relating to the promulgation of regulations under paragraph (1)
shall include a public comment period of not less than 90 days.
``(3) Reducing oversight costs; prioritization.--In
promulgating regulations under paragraph (1), the Secretary may
seek--
``(A) to 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) to prioritize oversight resources for
activities that present a higher risk to organic
integrity.
``(4) Limited virtual inspections.--
``(A) In general.--If the Secretary determines,
based on the study, report, and consultation required
under subsections (a) through (d) and paragraph (1),
that it would be appropriate to allow certifying agents
to conduct a limited number of annual inspections under
section 2107(a)(5) virtually pursuant to the protocol
described in subparagraph (B), the Secretary may,
subject to all other requirements of this subsection,
include in any regulations promulgated under paragraph
(1) provisions allowing for the use of virtual
inspections consistent with that protocol.
``(B) Inspection protocol.--The protocol referred
to in subparagraph (A) is the following:
``(i) In the case of a farm or handling
operation located outside the United States,
all inspections shall be conducted on-site.
``(ii) In the case of a farm or handling
operation located in the United States,
inspections shall be conducted on-site once
every 3 years with intervening annual
inspections being conducted on-site or
virtually based on the risk to organic
integrity at the farm or handling operation, as
determined by the Secretary.
``(iii) In the case of a handling operation
that acquires but does not physically receive,
process, package, or store organic product,
inspections shall be conducted through
inspection methods, including virtual methods,
that provide sufficient assurance of compliance
with this title, as determined by the
Secretary.
``(f) Rule of Construction.--Nothing in this section limits the
authority of the Secretary to enforce compliance with this title to
protect organic integrity.''.
(b) Conforming Amendment.--Section 2107(a) of the Organic Foods
Production Act of 1990 (7 U.S.C. 6506(a)) is amended by striking
paragraph (5) and inserting the following:
``(5) provide for annual inspections by the certifying
agent of each farm and handling operation that has been
certified under this title, which shall be conducted--
``(A) on-site; or
``(B) if the Secretary has promulgated regulations
under section 2122B(e) allowing for the limited use of
virtual inspections, pursuant to those regulations.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 104 Stat. 3370) is amended by striking the item relating to
section 2123 and inserting the following:
``Sec. 2122A. Organic agricultural product imports interagency working
group.
``Sec. 2122B. Study and reform of national organic program oversight
protocols.
``Sec. 2123. Funding.''.
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