II
119th CONGRESS
1st Session
S. 1398
IN THE SENATE OF THE UNITED STATES
April 9, 2025
Mr. Ricketts (for himself, Ms. Smith, and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To require the Secretary of Agriculture to submit to Congress a report on residue testing for all imported organic feedstuffs shipped in bulk, and for other purposes.
Short title
This Act may be cited as the Organic Imports Verification Act of 2025
.
Definitions
In this Act:
Covered organic feedstuff
The term covered organic feedstuff means any organic feedstuff included on the list established under section 4(b)—
that is shipped in bulk; and
for which there is a national organic program import certificate.
National organic program import certificate
The term national organic program import certificate has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502).
Organic
The term organic, with respect to a feedstuff, means that the feedstuff is organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)).
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service.
Shipped in bulk
In general
The term shipped in bulk, with respect to a feedstuff, means that the feedstuff is shipped loose in a ship hold, railcar, container, or super sack, or by another similar method.
Exclusion
The term shipped in bulk, with respect to a feedstuff, does not include the shipment of that feedstuff as a packaged good.
Annual report on residue testing for covered organic feedstuffs and other imported organic feedstuffs
In general
Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the residue testing described in subsection (b) that was carried out during the year covered by the report for—
each covered organic feedstuff; and
each other imported organic feedstuff—
that is shipped in bulk; and
for which there is a national organic program import certificate.
Residue testing described
The residue testing referred to in subsection (a) is residue testing carried out under any of the following:
Section 4(c).
Section 2107(a)(6) of the Organic Foods Production Act of 1990 (7 U.S.C. 6506(a)(6)).
Section 2112(a) of that Act (7 U.S.C. 6511(a)).
Section 205.670(c) of title 7, Code of Federal Regulations (or a successor regulation).
Requirements
Each report under subsection (a) shall include information on—
the frequency of the applicable residue testing;
the methods used for that residue testing;
the results of that residue testing;
the standards used to analyze those results; and
any actions taken as a result of that residue testing.
Annual testing and corrective action
Risk-Based protocol
The Secretary, in consultation with the Secretary of Homeland Security and the organic agricultural product imports interagency working group established under section 2122A of the Organic Foods Production Act of 1990 (7 U.S.C. 6521a), shall develop and regularly update risk-based protocols for—
determining which imported organic feedstuffs shall be included on the list of covered organic feedstuffs described in subsection (b) each year; and
determining necessary parameters of residue testing for those imported organic feedstuffs, including—
frequency of testing;
quantity to be tested;
type of testing;
responsibility for testing; and
other necessary parameters.
List of covered organic feedstuffs
In general
The Secretary, using the risk-based protocol established under subsection (a)(1), shall establish and annually update a list of imported organic feedstuffs for which the Secretary shall carry out residue testing under subsection (c) during that year.
Confidentiality
The list established under paragraph (1) shall not be made publicly available.
Annual testing
Each year, the Secretary shall carry out residue testing for each covered organic feedstuff.
Corrective action
Beginning on the date of enactment of this Act, if any residue testing required under subsection (c) indicates any detectable prohibited substance at a level in excess of the level permitted by the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) or the relevant, equivalent organic certification program of a State, the applicable shipment of that covered organic feedstuff—
shall be excluded from organic sale; and
may not be sold, labeled, or represented as organically produced.