[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8157 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8157
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 HOUSE OF REPRESENTATIVES
March 27, 2026
Mr. Wied (for himself and Mr. Riley of New York) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
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 OF RISK TO ORGANIC INTEGRITY AND OVERSIGHT
PROTOCOLS.
Section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C.
6502) is amended--
(1) by redesignating paragraphs (20) through (22) as
paragraphs (22) through (24), respectively;
(2) by redesignating paragraphs (16) through (19) as
paragraphs (17) through (20), respectively;
(3) by inserting after paragraph (15) the following:
``(16) Oversight protocols.--The term `oversight protocols'
means the regulations, policies, and procedures issued by the
Secretary under the authorities provided in sections 2104,
2107, 2114, 2115, 2116, and 2120.''; and
(4) by inserting after paragraph (20), as so redesignated,
the following:
``(21) 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 was not produced using a system of organic farming
in compliance with this title, not processed in compliance with
this title, or both.''.
SEC. 3. MODERNIZATION OF INSPECTION REQUIREMENTS.
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:
``(5) provide for annual inspections by the certifying
agent of each farm and handling operation that has been
certified under this title, which inspections shall be--
``(A) in the case of a farm or handling operation
located outside of the United States, conducted on-
site;
``(B) 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
``(C) 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;''.
SEC. 4. STUDY AND REFORM OF NATIONAL ORGANIC PROGRAM OVERSIGHT
PROTOCOLS.
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:
``SEC. 2122B. STUDY AND REFORM OF NATIONAL ORGANIC PROGRAM OVERSIGHT
PROTOCOLS.
``(a) Study.--Not later than 12 months after the date of enactment
of this section, the Secretary shall conduct 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,
opportunities, and implications of implementing oversight
protocols that--
``(A) are based on risk to organic integrity;
``(B) include differential treatment of non-
compliance that increases the risk to organic integrity
versus non-compliance that does not;
``(C) adopt standardized organic plans under
section 2114 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; and
``(E) 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.
``(2) Consideration of relevant factors.--In administering
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
congressional committees, and make publically available on the websites
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 and handling operations;
``(4) organic consumers; and
``(5) other relevant organic stakeholders.
``(e) Authority to Establish Additional Terms and Conditions.--
``(1) Issuance of regulations.--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.
``(2) Reducing oversight costs; prioritization.--In issuing
the regulations under paragraph (1), the Secretary may seek
to--
``(A) 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) prioritize oversight resources for activities
that present a higher risk to organic integrity.
``(f) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Agriculture of the House of
Representatives; and
``(2) the Committee on Agriculture, Nutrition, and Forestry
of the Senate.
``(g) Rule of Construction.--Nothing in this section shall be
construed to limit the Secretary's authority to enforce compliance with
this title to protect organic integrity.''.
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