The organic foods production Act of 1990 required that the USDA developed national standards for organic products and the final rule establishing the NOP was first published in the Federal Register in 2000 and is codified in the Code of Federal Regulations at 7 CFR 205 topic overview. The NOP covers fresh and processed agricultural food products including crops and livestock. It does cover non-food products that may be sold as organic including natural fibers, e.g. organic cotton health and beauty products e.g. organic shampoo can also be labeled organic if compliant with NOP the USDA NOP does have the authority to enforce Organic Standards in the realm of health and beauty products and were encouraged to do so in a 2009 recommendation from the USDA National Organic Standards Board while the actual law does apply to these products enforcement remains limited in this market regulations of the NOP also do not address issues of nutrition or food safety.
The National Organic Program grew from fewer than 12 total employees in 2008 to approximately 45 in 2015 as of April 2011 it operates in three divisions. In addition to the office of deputy administrator, standards accreditation and international activities AIA and compliance and enforcement, the key activities of the National Organic Program are to maintain the list of certified organic operations and help new farmers and business learn how to get certified, develop regulations and guidance on Organic Standards, manage the national list of allowed and prohibited substances, accredit certifying agents to certify organic producers and handlers, establish international organic import and export policies, facilitate the work of the National Organic Standards Board. A federal advisory committee oversees the organic certification cost, shares programs to support certified organic operators, provides training to certifying agents. USDA staff and other stakeholders engage and serve the organic community.
The AMS has established five strategic goals for the NOP for 2015 to 2018, protects organic integrity through policies, compliance audits of the organic seal, facilitates market access by supporting producers and processors and supporting organic trade agreements, creates and implements clear standards, build technology that advances organic integrity by building a database and enhancing management tools and developing the team and organization, and topic regulations.
The organic foods production Act of 1990 requires the Secretary of Agriculture to establish a national list of allowed and prohibited substances which identify synthetic substances that may be used and the non-synthetic substances that cannot be used in organic production and handling operations under this act. The secretary of agriculture promulgated regulations establishing the National Organic Program, [NOP] in 2000. It restricts the use of the term organic to certified organic producers, accepting growers selling under five thousand dollars a year who must still comply and submit to a records audit if requested but do not have to formally apply certification as handled by state nonprofit and private agencies that have been approved by the USDA.
NOP regulations cover in detail all aspects of food production, processing, delivery and retail sale under the NOP farmers and food processors who wish to use the word organic in reference to their businesses and products, must be certified organic producers with annual sales not exceeding five thousand dollars are exempted and do not require certification however they must still follow NOP standards including keeping records and submitting to a production audit if requested and cannot use the term certified organic products labeled 100% organic or made with organic ingredients, must adhere to the organic production and handling requirements outlined in the regulation 7 CFR part 205 a. USDA Organic seal identifies raw fresh and processed products with at least 95 percent organic ingredients. A product that has not been certified organic by a USDA authorized certifying agent may not bear the USDA Organic seal. Products containing at least 70% organically produced ingredients may include a made with organic labels to specify up to three ingredients or ingredient categories. They cannot use the USDA Organic seal or represent the finished product as organic. Misuse of the USDA Organic seal on a product may lead to USDA compliance and enforcement actions including fines up to eleven thousand dollars per violation. Misuse may also lead to the suspension or revocation of the violators' organic certificate.
USDA accredited certifying agents as of 2015 there are 80. USDA accredited certifying agents a CAS who are accredited and authorized by the USDA to certify organic operations as in compliance with USDA Organic Standards of these 48 are based in the US and 32 are based in foreign countries. Most certifying agents are directly accredited by the USDA National Organic Program. NOP 21 additional certifying agents are authorized through recognition agreements between the US and foreign governments according to USDA statistics in 2012. The largest CAS in the US RC COF certification services 14 percent of the USDA certified organic operations in the United States followed by Midwest Organic Services Association Inc 8%, Oregon Tilt 7% and Quality Assurance International(QAI) 6%, the Washington State Department of Agriculture 6% and the organic crop Improvement Association 4%.
In August 2008, the NOP announced that 15 of 30 federally accredited organic certifiers had been placed on probation for various violations of USDA Organic Standards. The NOP provides organic producers with resources to assist in becoming certified organic including an organic program handbook which includes guidance certifier instructions and policy memos, fact sheets, online training modules and ways to identify accredited certifying agents. The NOP administers organic certification cost-share program to help defray the costs to organic producers and processors of receiving certification as of 2015. Organic operations may receive up to 75% of their certification costs paid not to exceed $750 per Asian scope.
There are two types of reimbursements: agricultural management assistance AMA which provides $900,000 and is available to crop and livestock producers in 16 participating states and national Organic certification cost share program NOC CSP which provides over 10 million dollars and is available to all producers and handlers in all 50 states US territories and the District of Columbia, topic international equivalency. Beginning in 2009, the US Implemented an international organic equivalency agreement with Canada. In 2012 they implemented an agreement with the European Union EU, ECO regulation and in 2014 with Japan and Korea. Under these agreements USDA certified organic products do not need to meet a separate set of standards before being exported to the market and vice versa as equivalency agreements essentially imply that the two sets of standards are equivalent despite a few small differences and do not require any additional certification for the specific market. These agreements streamline certification requirements and increase access to new market opportunities while maintaining organic integrity of the respective markets, topic support, and assistance, the USDA, NRCS Environmental Quality incentives. EQIP organic program provides financial and technical assistance to certain organic producers for implementing conservation practices topic see also organic certification list of organic food topics
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