Pub. L. 109-97, tit. VII, sec. 797

Sec. 797. (a) Section 2111(a)(1) of the Organic Foods Production Act of 1990 (7 U.S.C. 6510(a)(1)) is amended by inserting “not appearing on the National List” after “ingredient”. (b) Section 2118 of the Organic Foods Production Act of 1990 (7 U.S.C. 6517) is amended—(1) in subsection (c)(1)—(A) in the paragraph heading, by inserting “in organic production and handling operations” after “substances”; (B) in subparagraph (B)—(i) in clause (i), by inserting “or” at the end; and (ii) in clause (ii), by striking “or” at the end and inserting “and”; and (C) by striking clause (iii); and (2) in subsection (d), by adding at the end the following: “(6) Expedited petitions for commercially unavailable organic agricultural products constituting less than 5 percent of an organic processed product.—The Secretary may develop emergency procedures for designating agricultural products that are commercially unavailable in organic form for placement on the National List for a period of time not to exceed 12 months.”. (c) Section 2110(e)(2) of the Organic Foods Production Act of 1990 (7 U.S.C. 6509(e)(2)) is amended—(1) by striking “A dairy” and inserting the following: “(A) In general.—Except as provided in subparagraph (B), a dairy”; and (2) by adding at the end the following: “(B) Transition guideline.—Crops and forage from land included in the organic system plan of a dairy farm that is in the third year of organic management may be consumed by the dairy animals of the farm during the 12-month period immediately prior to the sale of organic milk and milk products.”. 119 STAT. 2166