Organic Handlers Beware of Tough New Regulations

×

Expand

The U.S. Department of Agriculture has implemented stringent new regulations, a crucial step in the fight against fraudulent organic claims. It's now imperative that most entities involved in organic trade obtain certification to comply with the new regulations.

Enforcement has resulted in last-minute applications by coffee and tea traders and overseas handlers to certify links in the tea and coffee supply chain that were historically exempt from compliance.

Despite a 14-month notice, the number of certification applications has not significantly increased, leading industry observers to conclude that many suppliers are not compliant. 

The National Organic Program’s (NOP) Strengthening Organic Enforcement (SOE) regulations mark a significant shift, encompassing anyone involved in producing, selling, processing, or packaging organic products.

Effective from March 19, the certification requirement applies for the first time to specific entities in the organic trade, including tea brokers, traders, importers, and exporters. Additionally, any operation that comes into physical contact with organic agricultural products, such as aggregating, culling, conditioning, treating, packing, containerizing, warehousing, storing, repacking, labeling, receiving, or loading, must also comply.

Handling includes activities that may not involve physical contact with the product, such as selling, trading, facilitating sales, or trade.

“We strongly advocate for the certification of all entities operating in organic trade,” emphasizes the USDA. “Safeguarding and expanding the organic sector and the trusted USDA organic seal is a crucial aspect of the USDA Food Systems Transformation initiative,” reiterated Under Secretary for Marketing and Regulatory Programs Jenny Lester Moffitt. “The SOE substantially increases oversight and enforcement authority, bolstering the trust of consumers, farmers, and those transitioning to organic production. This achievement underscores USDA's unwavering support for the organic brand.”

Foreign suppliers must now obtain an NOP Import Certificate issued electronically for any certified organic shipment entering the US. Farms and businesses must also obtain an NOP operating certificate or equivalent.

The rule change followed a massive fake organic grain scandal uncovered in 2017. USDA has made it clear that non-compliance will not be tolerated. Entities that must get certified under the rule must apply for certification to avoid penalties under the Organic Foods Production Act (OFPA).

Visit www.ams.usda.gov to download the USDA NOP rules and fact sheet.