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2015
USDA Organic 201
A Closer Look at the U.S. Department of
Agriculture’s Organic Regulations
Module Overview
1. Review of Organic 101
2. Organic Integrity: Governance and Certification
USDA’s role in organic regulation
Certifiers and Operations
3. Organic System Plans
Topics addressed in an organic system plan
4. Organic Standards
Basic requirements for organic crops, livestock, and processing/handling
Organic labeling requirements
5. Monitoring and Enforcement
Reporting suspected violations to USDA
1
A Focus on…
1. Review of Organic 101
2. Organic Integrity: Governance and Certification
3. Organic System Plans
4. Organic Standards
5. Monitoring and Enforcement
2
Review: The Meaning of Organic
This training module assumes an understanding of
the concepts from a beginning module, Organic 101
•
The organic label shows that a food or agricultural
product has been produced using methods
approved by the USDA
•
Organic farmers use practices that support the
cycling of on-farm resources, promote
ecological balance, and conserve biodiversity
•
Organic farmers must not use prohibited
synthetic fertilizers, sewage sludge, ionizing
irradiation, or genetic engineering
Review of Organic 101
3
Review: Organic Certification
•
The USDA accredits certifiers to review, inspect, and
certify the practices of organic farms and processing
facilities
•
Organic farms and processing facilities that follow all
USDA organic rules are called certified organic
operations – often called producers and handlers
•
Producers and handlers may choose to work with any
accredited certifier
•
Certifiers may be private entities, states, or foreign
governments
•
There are over 80 certifiers around the world, and
most work in all 50 US states: visit www.ams.usda.gov
•
The USDA oversees and monitors certifiers
Review of Organic 101
4
Review: Organic Production
Organic production occurs on both a small and
large scale, both in the U.S. and abroad
•
•
There are certified organic operations in all 50
states, as well as many foreign countries
‒
In 2014, there were more than 18,000
certified operations in the U.S.
‒
There were more than 7,000 certified organic
operations certified to the USDA organic
regulations in foreign countries
‒
The USDA has organic trade arrangements
with several countries
The USDA maintains a list of certified organic
operations that is searchable by name, location,
or product: visit www.ams.usda.gov
Review of Organic 101
5
A Focus on…
1. Review of Organic 101
2. Organic Integrity: Governance and Certification
3. Organic System Plans
4. Organic Standards
5. Monitoring & Enforcement
6
The USDA Regulates the Organic Seal
USDA ensures the integrity of USDA organic products
in the United States and throughout the world
Organic Integrity: Governance and Certification
7
A Framework that Ensures Organic Integrity
The USDA
Agricultural Marketing Service’s
National Organic Program
Accredits Certifiers
USDA AMS
National Organic
Program – NOP
(Establishes and enforces
organic regulations)
Certifiers
National Organic
Standards Board NOSB
(Advises USDA)
Private
Organizations,
States, and Foreign
Governments
Responsible for
Certification and
Enforcement
Third-Party Agents
Certify Operations
Certified Organic Operations
Farmers and Ranchers
(Produce Crops, Wild Crops,
and Livestock)
Processors and Handlers
(Process and Handle
Organic Products)
There are three primary levels to the organic integrity framework. USDA’s National Organic Program establishes and enforces regulations, and
accredits certifiers. Agent certify operations, which include farmers and ranchers as well as processors and handlers. These operations sell to
retailers and consumers. Feedback comes to the USDA through public comment to the NOP and the National Organic Standards Board.
Certifiers, Operations, and the Public
Provide Feedback to USDA and NOSB
Retailers and Consumers
Organic Integrity: Governance and Certification
8
The Organic Law and Regulations
• Organic Foods Production Act (OFPA) of 1990
– Established the USDA National Organic Program (NOP)
– Required consistent national standards for organically
produced agricultural products
• USDA Organic Regulations
– Published in the Code of Federal Regulations
– Include standards for production, handling/processing,
labeling, certification, and accreditation
– Updated and maintained by the USDA
Access the organic
regulations and other
helpful information at:
www.ams.usda.gov
• USDA Agricultural Marketing Service, National Organic
Program (NOP)
– Develops and enforces the organic regulations
– Accredits and oversees certifiers, who certify and
oversee organic operations
– Facilitates trade by supporting equivalency and
recognition agreements with other countries
Organic Integrity: Governance and Certification
9
The National Organic Standards Board
The National Organic Standards Board (NOSB) is a citizen advisory
board of volunteer farmers, handlers, a retailer, scientists, an
environmentalist, consumer advocates, and a certifier.
The Secretary of Agriculture appoints members of the NOSB, which:
•
Reviews substances that are proposed to be allowed or prohibited in
organic agriculture
•
Advises the USDA on organic production and handling practice standards
•
Holds public meetings where it receives written and oral public
comments, and votes on Committee proposals
To learn more about the NOSB, visit www.ams.usda.gov
Organic Integrity: Governance and Certification
10
Certifiers and Certified Operations
Accredited certifiers
•
Evaluate applications for certification from farming, ranching, processing,
and handling operations
•
Review Organic System Plans and conduct on-site inspections
•
Approve the use of the organic label on agricultural products
•
Enforce the USDA organic regulations
Farmers, Ranchers, Processors, and Handlers
•
Apply to be certified as organic by providing records and an Organic
System Plan to a USDA-accredited certifier
•
Undergo annual inspections, and possibly unannounced inspections
•
Produce and process agricultural products as described in their approved
Organic System Plan; maintain and update the plan
•
Appropriately label organic products for consumers and retailers
Organic Integrity: Governance and Certification
11
ORGANIC FARMER PROFILE
• Nelson Grade Organics
• Pendleton, Oregon
• 900 acres
• Organic wheat, grains, and alfalfa
“There are always new
problems coming at you, I kind
of like to have solved those
problems, I do enjoy that part
of it and I think for the most
part there are solutions to most
of the hurdles that I encounter
out there and so for now I’ll just
keep looking for them.”
Organic Integrity: Governance and Certification
12
A Focus on…
1. Review of Organic 101
2. Organic Integrity: Governance and Certification
3. Organic System Plans
4. Organic Standards
5. Monitoring & Enforcement
13
The Organic System Plan
The Organic System Plan (OSP) is:
•
Written by the producer or handler who
wants to become certified organic
•
Reviewed by the certifiers and validated
through annual inspections
•
Updated annually, and whenever changes in
practices occur
•
Designed to address all scopes of organic
certification maintained by the operation,
including:
The USDA provides sample forms
for Organic System Plans in its
organic program handbook::
www.ams.usda.gov
See the Appendix for sample forms
– Crops
– Wild Crops
– Handling
– Livestock
Organic System Plans
14
Organic System Plan Contents
•
A description of practices and procedures
to be performed and maintained, including the
frequency with which they will be performed
•
A list of substances used in production or
handling, indicating their composition, source,
and location(s) where they will be used
• A description of the monitoring practices
used to ensure organic integrity
• A description of the recordkeeping system
• A description of the management practices
and physical barriers established to prevent
commingling and/or contamination with nonorganic materials
Organic System Plans
15
Updating the Organic System Plan
• Certified operations submit updated OSPs
to certifiers for review at least annually
• Producers and handlers must update
OSPs to reflect any planned changes to
the operation, including the use of
additional substances
• Producers and handlers should notify their
certifiers and obtain approval before
making any changes that could affect
certification
• Certifiers should receive an updated OSP
before conducting the annual
inspection of a certified operation
Organic System Plans
16
ORGANIC FARMER PROFILE
• Rosmann Family Farms
• Harlan, Iowa
• 700 acres
• Organic corn, popcorn, soybeans, small grains,
alfalfa; cattle, hogs, chickens
“When we see birds, then we
know that we are doing things
right; with wildlife and insects we
have predator species, predatorprey relationships, and it’s sort of
a balance.”
Organic System Plans
17
A Focus on…
1. Review of Organic 101
2. Organic Integrity: Governance and Certification
3. Organic System Plans
4. Organic Standards
5. Monitoring and Enforcement
18
The USDA Organic Regulations
•
The USDA develops production standards
for crops, wild crops, and livestock, as well as
organic handling and food processing
standards
•
Standards can be found in the USDA organic
regulations and the Agricultural Marketing
Service’s Organic Program Handbook
– The Regulations are published in the
Federal Register: Chapter 7 of the Code
of Federal Regulations, Section 205
– The Program Handbook is published on
the USDA’s website and contains
guidance, instructions, and policy memos
on topics such as compost and grazing
Organic Standards
19
Requirements for Organic Crops
Crop farms must:
•
Maintain and implement an Organic System Plan
•
Maintain distinct, defined boundaries and buffer zones to
prevent prohibited substances from entering organic
areas
•
Not use prohibited substances, such as excluded
fertilizers or pesticides
As long as the farm is certified, farmers:
•
May NOT use prohibited substances, sewage sludge,
irradiation, or genetic engineering
•
MUST use organic seeds and organic seedlings (for
annual crops), when commercially available
•
MUST use preventative management of pests and weeds
•
MUST implement tillage and cultivation practices that
maintain or improve soil conditions and minimize erosion
•
MAY use natural inputs and/or USDA-approved synthetic
substances
Organic Standards
20
Requirements for Livestock Operations
Livestock operations must:
•
Maintain and implement an Organic System
Plan
•
Use 100% organic feed: Feed must not
contain antibiotics, growth hormones,
slaughter byproducts, or genetic engineering
•
Provide access to the outdoors and good
living conditions year-round
•
Maintain a pasture plan for grazing animals
•
Not use antibiotics
•
Document the organic status of all animals
Learn More about Organic Grazing Rules:
Pasture for Organic Ruminant Livestock
Organic Standards
21
Requirements for Different Animals
Ruminants:
• Must have access to pasture during the grazing
season: 30% of the animal’s dry matter intake must
come from pasture; grazing season must be at
least 120 days
• Must meet animal health and welfare standards
Breeding animals: Must be managed organically no
later than the last third of gestation for the offspring to
be considered organic
A ruminant is an animal
with four stomachs.
In organic agriculture,
the primary ruminant
animals are dairy and
beef cattle, sheep,
and goats
Dairy animals: Must be managed organically for one
year before their milk may be considered organic
Poultry: Must be managed organically from the
second day of life
Organic Standards
22
Requirements for Wild Crop Operations
Wild Crops are any plant or portion of a plant collected or
harvested from a site that is not cultivated or otherwise
managed agriculturally.
Wild crop operations must:
•
Maintain and implement an Organic System Plan
•
Define the area from which crops are harvested
•
Maintain or improve natural resources
•
Use only sustainable harvesting practices
•
Utilize only minimal agricultural practices, such as
– Re-seeding from existing plants
– Removing non-native species
– Pruning
•
Harvest crops in a way that does not damage the
environment
Organic Standards
23
Requirements for Processors and Handlers
Handling and processing operations must:
•
Maintain and implement an Organic System
Plan
•
Prevent the commingling of organic products
with non-organic products, and contact with
prohibited substances, during processing
•
Prevent pests using only approved organic
practices
•
Use certified organic agricultural
ingredients in organically-labeled products
•
Use only approved label claims
•
Not use irradiation or genetic engineering
Organic Standards
24
Handler and Processor Certification
Some food handlers are exempt from
organic certification. These include:
• Distributors who handle packaged or
contained products and do not unpack
or process the products
• Retail food establishments that do not
process organic products
• Operations that handle only products
with less than 70% organic ingredients
Even exempt operations MUST prevent
commingling or contamination of organic
products with non-organic materials
Organic Standards
25
Labeling of Organic Processed Products
• Only products with 95% or
more organic content can use
the USDA organic seal on their
label
• Products with 70% or more
organic content can be labeled
“made with Organic”
• Products with less than 70%
organic content may only state
which ingredients are organic
in the ingredient list
Organic Standards
26
Allowed and Prohibited Substances
In general, synthetic substances are prohibited in organic
products unless specifically allowed. Non-synthetic
substances are allowed unless specifically prohibited.
•
The National List of Allowed and Prohibited
Substances (National List) is part of the organic
regulations. It identifies substances that may and may
not be used in organic production and handling.
•
The National List includes:
– Synthetic substances which are allowed for use.
– Natural substances which are prohibited for use.
•
The National List has separate sections for crops,
livestock, and handling/food processing.
•
All substances are reviewed by the National Organic
Standards Board. The Board makes recommendations
on substances to the USDA, which then engages in
rulemaking as appropriate.
Organic Standards
27
Excluded Methods
Organic products must be produced without the
use of:
•
Genetic Engineering: a variety of methods
used to genetically modify organisms or
influence their growth and development by
means that are not possible under natural
conditions or processes and are not considered
compatible with organic production
•
Ionizing radiation: as described in Food and
Drug Administration regulation, 21 CFR 179.26
•
Sewage sludge: a solid, semisolid, or liquid
residue generated during the treatment of
domestic sewage in a treatment works
Organic Standards
28
ORGANIC FARMER PROFILE
• Square Peg Farm
• Forest Grove, Oregon
• 40 acres (6-7 in vegetables)
• Diverse organic vegetables
“Because my family owns this
land we feel pretty strongly that
our job is to take care of it; when
we are long gone all that is
going to be left here is the soil
and we want it to be better than
when we found it.
29
A Focus on…
1. Review of Organic 101
2. Organic Integrity: Governance and Certification
3. Organic System Plans
4. Organic Standards
5. Monitoring and Enforcement
30
Enforcing Organic Regulations
• The USDA investigates reported or
suspected violations of the organic
regulations, often with the help of
organic certifiers and State Organic
Programs
• Anyone may report a suspected
violation to the USDA:
www.ams.usda.gov
• The USDA reviews every complaint
that it receives about suspected
violations of the organic regulations
• Certifiers conduct periodic residue
testing of organic products to monitor
compliance
Monitoring and Enforcement
31
Penalties for Noncompliance
Suspension or Revocation
•
If an investigation shows that a certified
operation has not followed the organic
regulations, the operation’s certification may be
suspended or revoked
•
Suspended or revoked operations may not sell
or represent their products as organic
•
The USDA maintains a list of suspended and
revoked operations on its website
Civil Penalties
•
Willful violations of the regulations may result in
civil penalties
•
Civil penalties are fines of up to $11,000 per
violation and may be levied against both
certified and uncertified operations
Monitoring and Enforcement
32
Monitoring Imported Organic Products
• The United States establishes and maintains
equivalency and recognition agreements to
facilitate organic trade
• Equivalence arrangements with the European
Union, Japan, Korea and Canada allow organic
operations certified to the USDA organic or foreign
organic standards to be labeled and sold as organic
in both areas
• The USDA monitors organic certification activities
around the world through assessments of
international certifiers and foreign government
organic programs
• Requirements may vary, but all products certified as
“organic” have been produced using clearly defined
organic production methods
Monitoring and Enforcement
33
Learn More: USDA Organic Resources
• USDA Organic Resource Guide
– Provides information on USDA programs available to organic producers and
handlers
» www.ams.usda.gov/organicinfo
• USDA Agricultural Marketing Service Organic Web Resources
– Outreach materials and public information about organic regulations
– National List of Approved Substances and Petitioned Substances
– List of certifiers and certified operations
» www.ams.usda.gov
• Alternative Farming Systems Information Center at the National Agricultural Library
– Provides resources about sustainable food systems and practices
» afsic.nal.usda.gov/organic-production
• The USDA Organic Insider Newsletter
– USDA’s regular e-mail service with updates and news on organic agriculture
» http://bit.ly/NOPOrganicInsider
34
Support for Organic Across USDA
Organic agriculture is an important part
of what we do at USDA. Each agency
of USDA has a role in working with
organic farmers and ranchers, and
those who are considering organic.
Thank you for taking the opportunity to
learn this information, and for putting it
to good use.
35