1. Does my product comply with federal law?
The USDA administers the National Organic Program (“NOP”). NOP regulations set out the requirements for the handling, certification, processing, composition, and labeling of organic products. Products labeled as “organic” or “100% Organic” have one set of labeling and certifying requirements. Products labeled as “Made with Organic” (i.e., ≥70% organic ingredients) have another set of requirements. Finally, products declaring the presence of organic ingredients in the ingredient list are exempt from certification, but have other restrictions.
2. Does my product comply with state law?
NOP regulations also provide for the establishment of State run organic programs. All State Organic Standards must be consistent with federal NOP requirements. However, State programs can be more restrictive and can require different handling standards. In addition, State governments can be more or less aggressive in enforcement.
3. Does my product comply with international law?
Exported organic products must meet the organic standards of the importing nation, which can differ from U.S. organic standards. In addition, any shipments intended for export must be labeled “For Export Only.” Otherwise, the products will be subject to U.S. and foreign organic standards.
4. Am I certified?
To call your product “Organic” it is not sufficient that your grower be certified organic; your company must also be certified as an organic handler. In addition, any contract manufacturers you use must be certified organic as well.
5. Is my supplier certified?
If your company uses a contract manufacturer, then your company’s USDA Organic Certification will depend heavily on the certification of your supplier. This can limit your company’s options when choosing or changing suppliers.
6. What does certification cost?
USDA does not grant organic certification directly. Rather, it is provided through third party certifiers. These certifiers are “for profit” businesses that charge fees for inspection and the certification process.
7. Can I use the USDA Seal?
Federal regulations restrict the use of the USDA Organic Seal to products that are certified “Organic” (containing at least 95% organic ingredients) or “100% Organic.” But products certified as “Made with Organic” (≥70% organic) or merely containing some certified organic ingredients cannot use the Seal.
8. Do I name my certifier on my label?
Maybe. Federal regulations require that products labeled as “100% Organic,” “Organic,” or “Made with Organic” declare the name of their certifier. However, products merely containing some certified organic ingredients may not name a certifier in their labels.
9. Do my record keeping practices meet USDA standards?
Federal regulations require that certified operations maintain detailed records of organic operations, demonstrating compliance with the National Organic Program and federal regulations. In addition, organic operations must maintain records for 5 years (3 years for certain exempt operations) and make the records available to USDA, an applicable state agency, or a certifying agent for inspection and copying.
10. Am I ready for an “organic” inspection?
By obtaining USDA Organic Certification, your company not only agrees to comply with all applicable regulations and maintain records to that effect, but also agrees to submit to on-site inspection of all production and handling operations, including inspection of noncertified productions, structures, and offices by the certifying agent.
