From famous ad campaigns to research touting chocolate milk as an exercise recovery drink, it seems milk is ubiquitous in the US food landscape.
As a processed animal product, milk is highly regulated; the staple product is regulated by both the United States Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA). While FDA primarily regulates milk and milk product processing and labeling, USDA’s Agricultural Marketing Service is responsible for regulating the treatment of dairy cows, the inspection of dairy farms, and administering the National Organic Program (NOP).
The NOP is responsible for developing standards for organic agricultural products, and its activities include determining substances that are permitted and prohibited for use in producing organic products, establishing international organic import and export policies, and regulating the use of the term “organic” and the USDA Organic symbol.
Organic Milk Testing
Organic milk was thrust into the spotlight this year after articles published by the Washington Post pointed to issues in domestic production. A Washington Post investigative report reported that milk from an Aurora Organic Dairy farm was tested for indicators of grass feeding (an important distinguishing mark of organic milk production) and on a key indicator, was found to have a profile closer to conventional milk than organic milk1. In June, the Post reported that oil brewed in tanks of algae was being purified and added to cartons of organic milk by the brand Horizon2. The added oil is used to supplement the milk with DHA Omega-3 fatty acids.
In theory, the NOP provides guidelines that ensure a more natural approach to dairy production. For example, to receive organic certification, the land used for pasturing dairy cows and growing their feed and bedding must have had no prohibited substances applied to it for at least 3 years prior to harvest3. Further, organic milk may not come from cows that have been treated with antibiotics, and organic dairy cows must have year-round access to the outdoors, fresh air, and direct sunlight.
Inspections of Organic Dairy Farms
However, the recent articles bring into question the rigor of organic guidelines and the effectiveness of NOP enforcement. Notably, the USDA NOP does not directly monitor farms. Rather, the NOP trains and accredits certifying agents. A farm that wants to be certified “organic” hires a “certifying agent” that is responsible for performing an inspection to certify the farm and for conducting annual recertification inspections4. Because the NOP is one step removed from the process, this can lead to a lack of oversight at the farm level. In the investigation of the Aurora Organic Dairy farm, the Post noted that inspectors from the certifying agent had performed the annual audit in November, after the grazing season had ended, which meant the agents were unable to see whether the cows were grazing as required1.
The concerns about lack of oversight are not just limited to domestically produced organic milk. The NOP also regulates the import of organically produced milk, and works in much the same fashion; the program certifies agents in foreign countries, and the certifying agents are responsible for carrying out inspections in those countries.
While the NOP is an important part of our regulatory landscape and aims to protect the integrity of the organic products on the United States market, it remains to be seen whether the current level of regulation and oversight is sufficient to divide truly organic products from those that are questionably so.
FDAImports.com assists companies that want to use the USDA Organic symbol or make an “Organic” claim on food labels. We also provide FDA and Customs counsel for imported and domestic products. Contact us with your questions at 410-220-2800 for more information on what we can do for your organic product.
1 “Why your ‘organic’ milk may not be organic,” The Washington Post, May 1, 2017.
2 “How millions of cartons of ‘organic’ milk contain an oil brewed in industrial vats of algae,” The Washington Post, June 5, 2017.
3 “Guidelines for Organic Certification of Dairy Livestock“, USDA NOP.
4 Because the certifying agents are paid by the parties seeking certification, there is also a potential conflict of interest.
