Risk-based Oversight for Integrity

Summary#

This bill would change parts of the Organic Foods Production Act of 1990 to let the Secretary study and, if appropriate, adopt oversight based on "risk to organic integrity." It adds definitions for "oversight protocols" and "risk to organic integrity." It changes inspection rules so that farms and handlers outside the United States get on-site annual inspections. U.S. farms would get on-site inspections at least once every three years, with required annual follow-ups that may be on-site or virtual depending on each farm's risk to organic integrity. Some handling operations that acquire but do not physically receive or process organic products could be inspected using methods, including virtual methods, that the Secretary finds provide sufficient assurance.

The bill also requires a Department of Agriculture study, to start within 12 months, on whether risk-based oversight and related reforms are feasible and appropriate. The study must look at things such as differential treatment of types of non-compliance, standardized organic plans, multi-tiered certification based on risk and scale, and more guidance from the National Organic Program. The Secretary must consult listed stakeholders, publish a report within 18 months, and may issue regulations after consulting Congress. Any new regulations must maintain strong organic integrity and may aim to reduce oversight costs for lower-risk entities and focus resources on higher-risk activities.

What it means for you#

• If you run or work with an organic farm, handling operation, or certifying agent, inspections and oversight could change based on a formal risk assessment called "risk to organic integrity."
• Foreign certified operations would keep annual on-site inspections.
• U.S. certified farms would have on-site inspections at least once every three years; the required intervening annual checks could be on-site or virtual depending on risk as determined by the Secretary.
• Certain handlers that do not physically receive or process product may be inspected by virtual or other methods when those methods are judged sufficient.
• The Department of Agriculture will study these changes, consult stakeholders, and report findings before the Secretary may change oversight protocols.

Expenses#

No publicly available information on specific costs or funding for this bill. The bill text authorizes the Secretary to seek to reduce oversight costs for lower-risk entities and to prioritize resources toward higher-risk activities, but it does not provide cost estimates or new appropriations.

Proponents' View#

According to the bill text, supporters aim to modernize National Organic Program oversight, make inspections and oversight more risk-targeted, provide clearer guidance and standardized plans, support a resilient domestic organic sector, and reduce burdens for operations that pose lower risk while focusing enforcement on higher-risk activities. The bill frames the study and possible rule changes as a way to maintain strong organic integrity while improving efficiency.

Opponents' View#

No publicly available information.