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USDA/AMS RIN: 0581-AD10 Publication ID: Spring 2011 
Title: National Organic Program, Periodic Pesticide Residue Testing, NOP-10-0102 
Abstract: Under the Organic Foods Production Act (OFPA) of 1990, the National Organic Program is authorized to require pre-harvest residue testing for products sold or labeled as organic. This requirement is promulgated in section 205.670(b) of the NOP regulaitons which provides that the Secretary, state programs, and certifying agents may require pre-harvest or post-harvest testing of organic products when there is reason to believe that the product has come into contact with a prohibited substance or has been produced using excluded methods. As a result of legal opinion received by the NOP on this issue, the NOP plans to publish a proposed rule that would amend regulations such that certifying agents would be required to conduct periodic testing of agricultural products that are to be sold, labeled or represented as "100 percent organic, organic", or "made with organic (specified ingredients or food group(s))". Specifically, the proposed rule would specify that certifying agents are required, on an annual basis, to randomly sample and test agricultural products from a minimum of 5 percent of the operations they certify. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 205   
Legal Authority: 7 USC 6501   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/00/2011    
Final Action  03/00/2012    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Melissa Bailey
Associate Deputy Administrator, Specialty Crops Program
Department of Agriculture
Agricultural Marketing Service
14th & Independence Avenue SW,
Washington, DC 20250
Phone:202 720-6394
Email: melissa.bailey@usda.gov