In the past decade, the organics industry has exploded. More products appear on grocery store shelves every day. The popularity of the organic trend and the higher prices consumers are willing to pay have also incentivized ‘organic fraud,’ where an organic claim is used on inferior products. Supply chains have also become susceptible to mishandling and, in some cases, unintentionally altering organic products into non-organic. The Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) is cracking down.

FACTS

• The National Organic Program was established by the Organics Foods Production Act of 1990.
• The sales of organic products have skyrocketed, reaching more than $63 billion in 2021. [Source:https://www.federalregister.gov/d/2023-00702]

March 19, 2024, marks the compliance date when all organic products imported into the U.S. will require a National Organic Program Import Certificate (NOP Import Certificate). The document is only part of an expanded AMS Strengthening Organic Enforcement final rule designed to protect the integrity of the organic supply chain.

Previously, only organic imports from certain countries, Canada, EU, Switzerland, Japan, South Korea, Taiwan, and the U.K., required a NOP Import Certificate. Soon, all organic imports intended to be sold, represented, labeled, or marketed as organic in the U.S. must be declared organic to U.S. Customs and Border Protection (CBP), using a NOP Import Certificate.” There is no exception for low value or size.

The certificate can only be issued by an accredited certifying agent, and only one commodity is allowed per certificate. It contains detailed information about the quantity and origin of the organic product traveling from a certified organic exporter in a foreign country to a certified importer in the U.S. In addition, all import commercial documents must clearly state that the product is organic.

The import certificate requirement is expected to help AMS with oversight and traceability of  products and enhance consumer trust in the USDA organic seal.

If you have imported organic products in the past or are planning to, be sure to consult the AMS final rule to ensure compliance with new regulations. Importers should allow for ample time to become certified by a USDA-approved certifier.

This final rule apples to organic crops, livestock and processed agricultural products.

For more information, visit the AMS National Organic Program webpage.