S. 4904

119 S4904 IS: Risk-based Oversight for Integrity Act
 U.S. Senate
 2026-06-24
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4904  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.
1.
Short title
This Act may be cited as the   Risk-based Oversight for Integrity Act  .
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 .
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:
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.
  .