type
sm-banner
background-image
background-image-mobile
background-color
green
eyebrow
Article
title

Are you ready for USDA’s new organic certification requirements?

date
March 14, 2024
text-color
light
gradient-overlay
dark
breadcrumb

Home

Insights

Industry

Food & beverage

Key takeaways

Line Illustration of an apple
U.S. importing food and beverage companies must take immediate action to comply with the Strengthening Organic Enforcement rule.
Line Illustration of folder
Importers and exporters of organic products must have organic certifications and be listed on a National Organic Program import certificate.
Line Illustration of policy papers
Importers must determine if their operations meet the program’s organic certification requirements.
  • Food & beverage
  • Agriculture

To improve traceability and detect and protect organic integrity across the supply chain, the United States Department of Agriculture created the National Organic Program (NOP) Strengthening Organic Enforcement (SOE) rule, which will become effective on March 19, 2024. This means all organic imports into the United States must be declared as USDA organic foods and contain an associated NOP import certificate. Importers and exporters of organic products who sell, process, treat, pack, containerize, repackage, label or store agricultural products, regardless of the product packaging, must have organic certifications and be listed on an NOP import certificate. Food and beverage companies must take note and address this new rule.

Each organic certificate must have a unique identification number to provide an auditable record trail of the import, supporting traceability and verification of organic integrity as products travel from a certified organic exporter outside the U.S. to a certified U.S. importer. Certificates must contain detailed information about the quantity and origin of organic products being imported into the U.S. The importer or its customs broker must enter the NOP import certificate number into the U.S. Customs and Border Protection’s Automated Commercial Environment (ACE) system to associate the shipment details in ACE with the import certificate information.

Pursuant to 7 CFR § 205.101 of the rule, the following operations are exempt from these requirements but must still comply with organic production and handling as well as applicable labeling requirements:

To obtain certification, the exporter must request an NOP import certificate from their certifier. They must identify products as organic on all export documents such as invoices, packing lists, bills of lading and U.S. Customs entry data and provide the NOP import certificate to the importer. The exporter must also verify that the product has not been exposed to a prohibited substance, treated with a prohibited substance because of fumigation, or treated with ionizing radiation at any point in the products’ movements across the country border.

Similarly, importers must ensure that they have accurate NOP import certificates and ensure products are identified as organic on all import documentation and customs entry data. They must maintain import documents and provide them during inspections. Importers also must verify that shipments do not come into contact with prohibited substances or be exposed to ionizing radiation since export and have a documented organic control system to conduct this verification.

U.S. food and beverage importers should take immediate action to comply with the SOE rule by taking the following steps:

Section Title

Contact us or check out the following:

Section Subtitle
Layout
solution
Pages
  • /services/business-tax/trade-advisory-services
  • /industries/food-and-beverage
  • /services/business-strategy-operations/supply-chain-services
Cards per Row
4
Number of Rows
1
Order By
title
Sort Order
ascending
Show CTA Button
false
Override CTA Label
Load more
Carousel On Mobile
false
Carousel Swiper Text
Link Target
Same Tab