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7 U.S.C. § 138aNational Laboratory Accreditation Program

submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 424 words · no verdicts yet

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The Secretary of Agriculture runs a program that accredits laboratories testing pesticide residue on food. Health and Human Services sets the quality standards and approves the accrediting bodies. Government labs and certain non-commercial or internal-use labs are exempt.

(a) Establishing the program. The Secretary must run a National Laboratory Accreditation Program. Under it, laboratories that ask to be accredited, and that test agricultural products for pesticide residue or make public claims about residue levels, must be checked to see if they meet minimum quality and reliability standards. (b) Standards. The Secretary of Health and Human Services, after talking with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, must write regulations setting the program's standards. Those must include (1) standards laboratories must meet, (2) qualifications required for lab directors and other staff, and (3) standards and procedures for quality-assurance programs. (c) Accrediting bodies. The Secretary of Health and Human Services must approve State agencies or private nonprofit groups to act as accrediting bodies on that Secretary's behalf, carrying out the certification and quality-assurance work under this section. In approving them, the Secretary of Health and Human Services must (1) oversee and review each accrediting body to make sure it follows the certification program's requirements, and (2) have the right to get all records and materials needed for that oversight, from both the accrediting body and any laboratory it certifies. (d) Requirements for accreditation. To be accredited under this chapter, a laboratory must (1) prepare and submit an application to the Secretary, and (2) meet whatever terms and conditions the Secretary and the Secretary of Health and Human Services decide are necessary. (e) Exceptions. This chapter does not apply to: (1) a laboratory run by a government agency; (2) a laboratory run by a corporation that only tests residues for that corporation or its wholly owned subsidiary, and doesn't make public claims based on the results; (3) a laboratory run by a partnership that only tests residues for its own partners, and doesn't make public claims based on the results; or (4) a non-commercial laboratory that tests pesticide residue only for research or quality control, for the internal use of whoever ordered the test.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment of Program

The Secretary shall administer a National Laboratory Accreditation Program under which laboratories that request accreditation and conduct residue testing of agricultural products, or that make claims to the public or buyers of agricultural products concerning chemical residue levels on agricultural products, shall be determined to meet certain minimum quality and reliability standards.

(b) Standards

The Secretary of Health and Human Services, after consultation with the Secretary and the Administrator of the Environmental Protection Agency, shall establish, through regulations, standards for the National Laboratory Accreditation program 1 that shall include—

(1)

standards applicable to laboratories;

(2)

qualifications for directors and other personnel; and

(3)

standards and procedures for quality assurance programs.

(c) Accrediting bodies

The Secretary of Health and Human Services shall approve State agencies or private, nonprofit entities as accrediting bodies to act on behalf of such Secretary in implementing the certification and quality assurance programs in accordance with the requirements of this section. In making such approvals the Secretary of Health and Human Services shall—

(1)

oversee and review the performance of any accrediting body acting on behalf of the Secretary to ensure that such accrediting body is in compliance with the requirements of the certification program under this section; and

(2)

have the right to obtain from an accrediting body acting on behalf of the Secretary and from any laboratory that may be certified by such a body all records and materials that may be necessary for the oversight and review required by paragraph (1).

(d) Requirements

To be accredited under this chapter, a laboratory shall—

(1)

prepare and submit an application for accreditation to the Secretary; and

(2)

comply with such terms and conditions as are determined necessary by the Secretary and the Secretary of Health and Human Services.

(e) Exceptions

This chapter shall not apply to—

(1)

a laboratory operated by a government agency;

(2)

a laboratory operated by a corporation that only performs analysis of residues on agricultural products for such corporation or any wholly owned subsidiary of such corporation and does not make claims to the public or buyers based on such analysis;

(3)

a laboratory operated by a partnership that only performs analysis of residues on agricultural products for the partners of such partnership and does not make claims to the public or buyers based on such analysis; or

(4)

a laboratory not operated for commercial purposes that performs pesticide chemical residue analysis on agricultural products for research or quality control for the internal use of a person who is initiating the analysis.

Source credit: (Pub. L. 101–624, title XIII, § 1322, Nov. 28, 1990, 104 Stat. 3562.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-624 · 104 Stat. 3562

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.

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