Organic Products—Certification, Claims, and Labeling

Organic products are steadily gaining in market share, as well as in popularity with consumers worldwide. However, any farm or business that wants to market their products as “organic” in the United States must be properly certified by the USDA’s National Organic Program (NOP). This program is responsible for regulating all organic products, whether imported or domestically produced. Only businesses that comply with the NOP’s standards of production (such as permitted and prohibited substances) may use the term “organic” and the USDA Organic symbol.

USDA enacted new regulations that went into effect March 2024.  The Strengthening Organic Enforcement (SOE) final rule requires organic certification of businesses at various points along the supply chain, increases reporting obligations, and allows for more on-site inspections.  

Organic Product Certification and Facility Inspections

Certification can be a lengthy process, especially since any land used to produce organic products must not have had prohibited substances applied to it for a full 36 months. This means that prospective organic businesses must endure a transition period of up to three years, during which time their products will not qualify as organic. In addition, they must hire a USDA-accredited certifying agent to inspect their facility from top to bottom and verify their compliance with all relevant NOP regulations. Even once certificatied, the business must continue to pass a thorough annual inspection to ensure ongoing compliance.

Similar regulations apply to imported organic foods and beverages. The NOP certifies foreign agents, and a foreign equivalency program exists for organic products from a number of countries and the EU. Thus, even foreign manufacturers fall under the USDA’s scrutiny when it comes to organic products.

If an inspection reveals a violation of NOP regulations, however, the consequences can be severe. Violations can lead to an enforcement action by the certifier or by government agents, which can put the operation’s organic certification at stake and even lead to fines. Navigating an enforcement action takes skill and experience, which is where we come in. If this describes you, stop reading and contact us immediately. Our team of experts is ready to serve you.

Different Levels of “Organic” in Labeling Requirements

When creating labels and marketing materials for organic products or ingredients, it is very important to use the correct terminology. Using the wrong term could result in an inaccurate or misleading claim and could well be in violation of USDA law.

Below are the requirements for the various levels of “organic”:

“100% Organic”

If you wish to claim that a food or beverage product is “100% organic,” all its ingredients must be certified organic, including any processing aids. Products that meet this standard may use the USDA Organic seal as well as a 100% organic claim on the label.

However, each ingredient in the ingredient list must be identified as organic, either directly (e.g., “organic spinach”), or by an asterisk or some other mark. Also, the product labels must state the name of the certifying agent on the information panel.

“Organic”

If you wish to claim that a food or beverage is “organic,” the product must be at least 95% certified organic. This means that all agricultural ingredients must be organic, except for certain ingredients on the National List. Non-organic ingredients can constitute up to 5% of the product (excluding salt and water).

Products that meet these criteria may include the USDA Organic seal and/or an “organic” claim on the label. And again, each ingredient in the ingredient list must be identified as organic, either directly or by an asterisk, and the information panel must name the certifying agent.

“Made with Organic”

If you wish to claim that a food or beverage is “Made with” an organic ingredient, the product must be made with 70% certified organic ingredients or more, excluding salt and water. Any additional agricultural product cannot be produced with excluded methods (such as genetic engineering or ionizing radiation), and non-agricultural products must be specifically allowed on the National List. And yes, the label must state the name of the certifying agent.

Products that meet these criteria may use the term “made with organic…” followed by up to three ingredients or ingredient categories (e.g. Made with organic wheat, barley, and oats). However, these products may not use the USDA Organic seal or the phrase “made with organic ingredients.” The product labels must also state the name of the certifying agent and identify each organic ingredient in the ingredient list as organic.

Less than 70% Organic Ingredients

If you have a certified organic ingredient in your product, but your product is less than 70% certified organic content, the product does not require certification. The product label may list certified organic ingredients as “organic” in the ingredient list, as well as the percentage of organic ingredients in the product.

However, the product must not include the USDA organic seal anywhere, nor can it feature the word “organic” on principal display panel.

Are Your Organic Product Labels Up to Snuff?

If you are unsure whether your packaging or marketing materials are in full compliance with USDA and FDA law, FDAImports can help. Our team of seasoned experts can review your materials and eliminate any inappropriate claims or verbiage. We can also help you identify whether your products require certification or assist you in the case of an enforcement action.

Bottom line: Our experienced team can help your company reach the organic market. Contact us today!