The USDA National Organic Program (NOP) recently released the Strengthening Organic Enforcement (SOE) final rule. The SOE updates the USDA’s organic regulations while strengthening oversight and enforcement for organic products including production, handling, and sale. It also implements 2018 Farm Bill requirements, incorporates industry requests for organic regulation updates, and addresses National Organic Standards Board (NOSB) recommendations.
“Protecting and growing the organic sector and the trusted USDA organic seal is a key part of the USDA Food Systems Transformation initiative. The Strengthening Organic Enforcement rule is the biggest update to the organic regulations since the original Act in 1990, providing a significant increase in oversight and enforcement authority to reinforce the trust of consumers, farmers, and those transitioning to organic production. This success is another demonstration that USDA fully stands behind the organic brand.”
Jenny Lester Moffitt | Under Secretary for Marketing and Regulatory Programs | USDA
STRENGTHENING ORGANIC ENFORCEMENT FINAL RULING OVERVIEW
The new regulations on organic imports and certificates goes into effect on March 19, 2024. The SOE final ruling requires importers to become certified under the NOP to receive and file new import certificates for shipments at entry.
Certification Expansion – Brokers, traders, and other businesses along organic supply chains must now be certified.
Import Certificates – All organic imports require NOP Import Certificates for entry.
Container Identification – Non-retail containers must display organic identification.
Enhanced Inspections – Certified operations face more rigorous on-site inspections.
Qualification Standards – Organic inspectors and certifying agent personnel must meet uniform qualification and training standards.
Standardized Certificates – Implementation of standardized certificates of organic operation.
Increased Reporting – Certified operations must provide additional and more frequent data reporting.
Recordkeeping Authority – Authorities gain more authority for record-keeping, traceability, and fraud prevention.
Producer Group Requirements – Specific certification requirements are outlined for producer groups.
GRACE PERIOD FOR IMPORTERS
The USDA Agricultural Marketing Service (AMS) is fielding a large volume of questions from importers regarding the new SOE certification process. Jennifer Tucker, Deputy Administrator of the National Organic Program at AMS, explained that the certification process encompasses multiple stages. This includes submitting an application to a certifier, undergoing application review, on-site inspections, and completing a comprehensive compliance review. She noted that this process can span several weeks to months. While AMS will initially exercise enforcement discretion starting on March 19, it will progressively implement enforcement measures against importers who lack valid certification and fail to file organic import certificates, according to Tucker.
“The new SOE rule is another example of the increased scrutiny of the entire supply chain. Importers and exporters are required to have thorough, documented knowledge of every link in the chain, from where the raw materials are harvested and by whom, to the final processing and packaging.”
Kellie Gerstmyer | East Coast Compliance Manager | Green Worldwide Shipping
HOW DO I ENSURE MY IMPORTS COMPLY WITH THE STRENGTHENING ORGANIC ENFORCEMENT FINAL RULE?
The SOE final ruling increases USDA oversight and code enforcement for certified organic imports. Importers must soon become certified entities to comply with the new ruling. Working with a trusted logistics partner will help you navigate complex regulatory landscapes and can streamline your organic imports process to ensure compliance with the new Strengthening Organic Enforcement final rule.
Green Worldwide Shipping works closely with the USDA and regulatory bodies for the import of certified organic goods. For seamless compliance with the new regulations, working with a trusted logistics partner like Green Worldwide Shipping, with expertise in navigating complex regulatory landscapes, ensures efficient movement of organic imports through the port of entry.
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