H.R. 8157 — Risk-based Oversight for Integrity Act

This section adds to the Organic Foods Production Act of 1990 two definitions: (1) “oversight protocols” as the regulations, policies, and procedures issued by the Secretary under sections 2104, 2107, 2114, 2115, 2116, and 2120; and (2) “risk to organic integrity” as the likelihood that a product marketed as organically produced is, or contains, an agricultural product not produced or processed in compliance with the Act. It also redesignates paragraphs (16) through (22) as paragraphs (17) through (24).

This section revises organic certification inspection requirements under the Organic Foods Production Act of 1990 from annual on-site inspections for all certified farms and handling operations to annual inspections conducted as follows: (1) on-site for farms and handling operations outside the United States; (2) on-site once every three years for U.S. farms and handling operations, with intervening annual inspections conducted on-site or virtually based on the operation's risk to organic integrity, as determined by the Secretary; and (3) through methods, including virtual, that provide sufficient assurance of compliance, as determined by the Secretary, for U.S. handling operations that acquire but do not physically receive, process, package, or store organic products.

This section directs the Secretary of Agriculture to conduct a comprehensive study, not later than 12 months after enactment, to determine whether risk-based oversight protocols are necessary and appropriate for the National Organic Program (NOP), which accredits certifying agents to verify compliance with federal organic standards by farms, handlers, and other operations. The study must examine the feasibility of (1) risk-based protocols, (2) differential treatment of noncompliance by risk level, (3) standardized organic plans aligned with risk, (4) multi-tiered certification by risk and operation scale, and (5) increased NOP guidance to certifying agents and operations; and must consider factors such as entity scope, scale, location, and compliance history. Not later than 18 months after enactment, the Secretary must submit a report on the study's findings to the House and Senate Agriculture Committees and publish it on the Department of Agriculture website. In conducting the study, the Secretary must consult the National Organic Standards Board, certifying agents, organic operations, consumers, and other stakeholders. Based on the report and after consulting the committees, the Secretary may issue regulations to establish or modify NOP oversight protocols, including to reduce costs for low-risk entities or prioritize high-risk activities, provided the regulations maintain organic integrity and support the domestic organic sector. (Thus, the provision could streamline oversight for lower-risk operations while focusing enforcement on higher risks.)