H.R. 8157

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8157 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8157

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 27, 2026

Mr. Wied (for himself and Mr. Riley of New York) introduced the 
following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Risk-based Oversight for Integrity 
Act''.

SEC. 2. DEFINITIONS OF RISK TO ORGANIC INTEGRITY AND OVERSIGHT 
PROTOCOLS.

Section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 
6502) is amended--
(1) by redesignating paragraphs (20) through (22) as 
paragraphs (22) through (24), respectively;
(2) by redesignating paragraphs (16) through (19) as 
paragraphs (17) through (20), respectively;
(3) by inserting after paragraph (15) the following:
``(16) Oversight protocols.--The term `oversight protocols' 
means the regulations, policies, and procedures issued by the 
Secretary under the authorities provided in sections 2104, 
2107, 2114, 2115, 2116, and 2120.''; and
(4) by inserting after paragraph (20), as so redesignated, 
the following:
``(21) 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 was not produced using a system of organic farming 
in compliance with this title, not processed in compliance with 
this title, or both.''.

SEC. 3. MODERNIZATION OF INSPECTION REQUIREMENTS.

Paragraph (5) of section 2107(a) of the Organic Foods Production 
Act of 1990 (7 U.S.C. 6506(a)) is amended to read as follows:
``(5) provide for annual inspections by the certifying 
agent of each farm and handling operation that has been 
certified under this title, which inspections shall be--
``(A) in the case of a farm or handling operation 
located outside of the United States, conducted on-
site;
``(B) in the case of a farm or handling operation 
site located in the United States, conducted on-site 
once every three years with intervening annual 
inspections being conducted on-site or virtually based 
on the farm's or handling operation's risk to organic 
integrity, as determined by the Secretary; and
``(C) in the case of a handling operation that 
acquires but does not physically receive, process, 
package, or store organic product, conducted through 
inspection methods, including virtual methods, that 
provide sufficient assurance of compliance, as 
determined by the Secretary;''.

SEC. 4. STUDY AND REFORM OF NATIONAL ORGANIC PROGRAM OVERSIGHT 
PROTOCOLS.

The Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) is 
amended by inserting after section 2122A (7 U.S.C. 6521a) the 
following:

``SEC. 2122B. STUDY AND REFORM OF NATIONAL ORGANIC PROGRAM OVERSIGHT 
PROTOCOLS.

``(a) Study.--Not later than 12 months after the date of enactment 
of this section, the Secretary shall conduct 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, 
opportunities, and implications of implementing oversight 
protocols that--
``(A) are based on risk to organic integrity;
``(B) include differential treatment of non-
compliance that increases the risk to organic integrity 
versus non-compliance that does not;
``(C) adopt standardized organic plans under 
section 2114 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; and
``(E) provide increased guidance and 
interpretations of standards and criteria established 
under this title given by the National Organic Program 
to certifying agents and to certified organic farms and 
handling operations.
``(2) Consideration of relevant factors.--In administering 
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 
congressional committees, and make publically available on the websites 
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 and handling operations;
``(4) organic consumers; and
``(5) other relevant organic stakeholders.
``(e) Authority to Establish Additional Terms and Conditions.--
``(1) Issuance of regulations.--Based on the findings 
described in the report under subsection (c), and after 
consultation with the appropriate congressional committees, the 
Secretary may issue regulations to establish or modify 
oversight protocols under this title that the Secretary 
determines are necessary and appropriate, provided such 
regulations maintain strong organic integrity, support a 
resilient domestic organic sector, and are consistent with the 
requirements of this title.
``(2) Reducing oversight costs; prioritization.--In issuing 
the regulations under paragraph (1), the Secretary may seek 
to--
``(A) 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) prioritize oversight resources for activities 
that present a higher risk to organic integrity.
``(f) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means--
``(1) the Committee on Agriculture of the House of 
Representatives; and
``(2) the Committee on Agriculture, Nutrition, and Forestry 
of the Senate.
``(g) Rule of Construction.--Nothing in this section shall be 
construed to limit the Secretary's authority to enforce compliance with 
this title to protect organic integrity.''.
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