United States of America (USA)

US Organic Regulation at a glance

The National Organic Program (NOP), part of USDA's Agricultural Marketing Service (AMS), oversees and enforces the integrity of the rigorous USDA organic standards and the accreditation of organic certifiers.

Organic is one of the most heavily regulated and closely monitored food systems in the U.S. Prescriptive regulations cover the growing, handling, and processing of organic fresh produce and other foods. Any product labeled as organic must be USDA certified. U.S. organic standards require:

Farms, traders, and processors must submit a detailed application that documents their operation, processes and products. This is called an Organic Systems Plan (OSP) and its purpose is to help inspectors and consumers trace organic products from the farm to the table.
Healthy soil and balanced ecosystems are the foundation of organic farming. Organic operations must maintain or enhance soil and water quality, while also conserving wetlands, woodlands, and wildlife. This must be documented in the OSP.
Synthetic fertilizers, sewage sludge, irradiation, and genetic engineering may not be used. For more guidance on what can and can't be used in organic production, handling and processing, scroll down to the National List below.
Establishment of buffers between organic fields and nearby conventional farms.
Use of manure only in accordance with strict guidelines (composting time and temperature to kill pathogens).
A 3-year transition period for fields that have been farmed conventionally (during this time, the field must be farmed organically, and produce grown on this land may not be labeled "organic" until the 3-year transition period is completed)
Thorough certification audits by third-party inspectors, both announced and unannounced, are done annually for every organic farm, trader, and processor to ensure products labeled organic are grown, processed and handled in accordance with the rigorous USDA organic standards.
Organic food contains no artificial flavors, colors or preservatives.
All products bearing the organic label must also comply with federal, state, FDA, and international food safety requirements.

The USDA Organic regulations govern labeling as well as production, processing and handling of organic food. Only foods produced in accordance with the strict USDA Organic standards and certified by an accredited certification agency may use the word organic or the USDA Organic Seal on the label.

Use of the USDA Organic Seal is voluntary (but widely used) and restricted as outlined below.

These items may use the USDA Organic Seal:

100% Organic: products labeled "100 percent organic" must contain only organically produced ingredients.
Organic: products labeled "organic" must consist of at least 95 percent organically produced ingredients. The 5% of ingredients which are not organic must be ingredients specified on the National List as noted above, such as salt.

These items may not use the USDA Organic Seal:

Made with Organic Ingredients: processed products that contain at least 70 percent organic ingredients can use the phrase "made with organic ingredients" and list up to three of the organic ingredients or food groups on the principal display panel.
Organic ingredients less than 70%: processed products that contain less than 70 percent organic ingredients must not use the term "organic" other than to identify the specific ingredients that are organically produced in the ingredients statement.

Mandatory Organic Standards and Labels

In the United States, Organic farming and food are regulated by the United States Department of Agriculture’s National Organic Program (USDA NOP). The NOP develops the rules & regulations for the production, handling, labeling, and enforcement of all USDA organic products. This process, referred to as rulemaking, involves input from the National Organic Standards Board (a Federal Advisory Committee made up of fifteen members of the public) and the public. The NOP also maintains a Handbook that includes guidance, instructions, policy memos, and other documents that communicate the organic standards.

The scope of the regulation extends to food grown in the US and sold anywhere in the world as well as to food grown anywhere in the world and sold in the US. The Congress authorized the USDA to create a uniform standard that would override all private and state standards. The USDA has the authority to recognize other governmental programs as equivalent. It is not authorized to recognize private standards as equivalent.

The USDA National Organic Program is the sole competent authority and pre-empts all state and private certification bodies operating in the US. The USDA accredits and contracts with Accredited Certification Agents (ACAs) who implement the program. The ACAs are accredited by the USDA to implement the regulation.

USDA: Organic Regulations - Organic Foods Production Act of 1990 This website provided by the USDA gives an overview on Organic Regulations in the USA. Among others you can find a link to the Organic Foods Production Act. The Organic Foods Production Act , Title 21 of the 1990 Farm Bill, Public Law 101-624, codified and amendments consolidated at 7 USC §6501 et seq. authorizes the USDA to set up rules for organic production in the USA.	en
United States Department of Agriculture National Organic Program (USDA NOP) The regulations cover rules for the implementation of organic agriculture in the USA. The official current consolidated regulations are contained in 7 CFR 205.	en
USDA: Organic Agriculture Website of the US Department of Agriculture providing information on organic agriculture in the USA.	en

Voluntary Organic Standards and Labels

There is a national organic label, the USDA Organic seal, which is very important for the US market. Its use is optional. Full compliance with the USDA labelling rules is required whenever a product is represented as organic in any way. Only products that meet the standards for “100% Organic” or “Organic” are permitted to use the USDA seal.

Accredited Certification Agents (ACAs) are permitted to have logos in addition to the USDA Organic seal, but they can’t imply that they are certifying to a different or higher standard, or that the product that they certify is superior to a product certified by other ACAs.

In the USA, there are only a very few local associations with private standards that distinguish themselves from the USDA NOP standards. Only the Demeter Association, the Regenerative Organic Farming Movement and the so called Real Organic Project have members throughout the USA that are certified according to specific standards beyond the NOP.

USDA: information on organic labelling Information on organic labelling and the USDA Organic seal provided by the Agricultural Marketing Service of the USDA.	en
Demeter Association, Inc. Website of Demeter USA with information on the association and its standards.	en
Real Organic Project Website of the Movement "Real Organic Project", which standards differ sligthly from the NOP standards (e.g. no use of hydroponic systems allowed).	en
Regenerative Organic Website of the Movement "Regenerative Organic", prioritizing building soil health as a way to fight climate change.	en

Control Bodies

The control and certification process is performed by Accredited Certification Agents (ACAs) under contract to the USDA. These include state and local (county) government agencies, for-profit enterprises, and non-profit non-governmental organisations. Most are based in the US, but many are foreign owned and multi-national in their geographic scope.

The list of ACAs authorized to certify organic producers and handlers according to USDA NOP is provided by USDA (Organic Integrity Database).

Control Bodies in the USA
The Organic Integrity Database provided by USDA covers the list of Accredited Certification Agents (ACAs) authorized to certify organic operators according to USDA NOP. The database is updated regularly and provides current information on accreditation, geographic areas served, and accredited scopes.

Import Requirements

The procedure for the import of organic products into the United States of America depends on the country of origin.

There are two ways for foreign organic products to be sold as organic in the United States. Imported organic products must be certified to one of the following:

1) The USDA organic regulations
USDA authorizes organizations around the world to certify farms and businesses to the USDA organic regulations. Learn about the certification process and view a list of certifiers by name or by country.

2) An authorized international standard
The U.S. has established trade partnerships with the following international countries:

Canada
European Union
Japan

For operators in countries of origin with recognition agreement, full compliance with the USDA NOP and certification by a certification body accredited by a recognized authority is sufficient.

For operators in countries or in regions with equivalency arrangements with the USDA NOP, compliance with the equivalent standards and certification by an USDA ACA or an equivalent accredited certification body is sufficient when accompanied by an NOP import certificate and attestation statement.

For operators in all other countries of origin that want to export organic products to the US, full compliance with the USDA NOP and certification by an Accredited Certification Agent (ACA) according to USDA NOP is required.

Specific requirements can be valid for operators from identified risk countries. The country list may change from year to year. It is recommended to contact the Accredited Certification Agents (ACAs) for further information.

USDA: International Trade Partners Import requirements for international trade partners provided by the Accreditation and International Activities Division of the USDA. Information on equivalence or recognition agreements with different countries can be retrieved as well as a memo on the requirements for importers in the USA and the NOP import certificate.	en
USDA: Importing organic products to the U.S. Leaflet provided by the Agricultural Marketing Service of the USDA summarizing the requirements for the import of organic products to the U.S.	en

Further Information

General information on organic farming in the USA

Organic Trade Association Website of the Organic Trade Association with comprehensive information on organic markets and international trade.	en
USDA: Organic Agriculture Website of the USDA providing information on organic agriculture in the USA.	en
NOP Handbook Guidance & Instructions for Accredited Certifying Agents & Certified Operations	en
NOP Organizational Chart and Stakeholder Map	en
USDA: Organic Market Overview Information on the US organic market provided by the Economic Research Service of the USDA.	en