Food Labeling: New Standards for Organic Products

October 2024 Issue

Food Labeling: New Standards for Organic Products
By Densie Webb, PhD, RD
Today’s Dietitian
Vol. 26 No. 8 P. 10

Updated Regulations for This Growing Industry

According to the Washington D.C.-based Organic Trade Association, US sales of certified organic products reached a record high of $69.7 billion in 2023, a 3.4% increase from 2022, despite increasing prices. Organic products represent 5.5% of all food sales in the United States, and more than 80% of American households purchase organic foods.1

Organic foods are clearly gaining ground and that necessitates stricter certification standards and oversight. Consumers expect the highest standards for organic products; in fact, organic foods have been the most heavily regulated and closely monitored food system in the United States, according to the Organic Trade Association. Standards developed by the USDA’s National Organic Program (NOP) require that products bearing the USDA organic label be grown and processed without the use of toxic and synthetic pesticides and fertilizers, genetic engineering, antibiotics, synthetic growth hormones, artificial flavors, colors, preservatives, sewage sludge, and irradiation. Similar standards exist for meat and poultry under Organic Livestock and Poultry Standards (OLPS).

However, the rapid growth of the organic industry over the last several decades has outpaced the capacity of the initial regulations to monitor and control the process from production to distribution.2 In response to the ever-expanding organic market, new organic regulations have gone into effect, with more waiting in the wings.

Organic Regulation Updates
In 2023, rules for organic oversight were strengthened with the finalization of the Strengthening Organic Enforcement (SOE) rule and the OLPS rule, in what has been referred to as the biggest update to the organic regulations since the original Organic Foods Production Act of 1990.3 The ruling, some of which went into effect in March of this year, was designed to improve consistency, clarity, transparency, traceability, and oversight of the supply chain to limit fraud in the organic market. According to the Federal Register, “The amendments protect integrity in the organic supply chain and build consumer and industry trust in the USDA organic label by strengthening organic control systems, improving farm-to-market traceability, and providing robust enforcement of the USDA organic regulations.”4

“In practical terms, the new SOE rule gives the NOP more authority to crack down on fraudulent organic products in the marketplace and to ensure the integrity of products that carry the USDA organic seal,” says Abby Youngblood, executive director of the National Organic Coalition.

That includes an expansion of the previously existing certification program. While some buyers, such as restaurants, retail establishments, and any operation that sells $5,000 or less in organic products each year, may be exempt under the new rules, brokers, traders, and other businesses along all organic supply chains must now be certified. In addition, all organic imports must now carry NOP certificates for entry into the United States, something that wasn’t enforced before the new rules. Organic operation certificates are issued by certifiers listed in the Organic Integrity Database, and each certifier has a 10-digit NOP identification number. While the database is maintained by the USDA, the agency doesn’t provide organic certification. Certifiers are typically independent organizations that meet the USDA’s requirements.

While the changes are significant and welcome, many consumers may not notice any difference. However, according to Kate Mendenhall, executive director of the Organic Farmers Association, “Many organic consumers are extremely conscientious, and the OLPS rule brings animal welfare standards in line with consumer expectations for organic production. The impact of SOE will likely be seen in small ways over time through more enforcement of high-risk operations, especially those with complex supply chains,” she says.

In addition, the SOE will also require the following5,6:

• organic identification on nonretail containers;

• increase in authority for more rigorous on-site inspections of certified operations;

• uniform qualification and training standards for organic inspectors and certifying agent personnel;

• standardized certificates of organic operations;

• more frequent reporting of data on certified operations;

• authority for more robust recordkeeping, traceability practices, and fraud prevention procedures; and

• specific certification requirements for producer groups.

While most of the new rulings are already in effect, some meat and poultry companies have until 2029 to comply with requirements for “outdoor stocking density requirements and soil and vegetation requirements” for livestock.6 The main change is that chickens will have access to the outdoors to create a pasture-based system for organic eggs and poultry. In an effort to reduce fraud, all of the changes will require much more recordkeeping along the entire organic supply chain, from farm to market, whether in the United States or where products are being imported from other countries.7

Cost to Consumers
“Consumers may be [seeing] slightly higher prices on some products,” Mendenhall says. “This is because enforcement has increased to reduce low-price fraudulent competition from the marketplace, and the slightly higher prices will likely reflect higher organic integrity.” However, she also points out that if certification agencies do a good job focusing efforts on high-risk operations, farmers’ market prices should see few changes.

Regulations in the Pipeline
In addition to the newly enforced organic regulations, the framework for a new Senate Farm Bill includes significant provisions to advance organic agriculture, in part through the Organic Certification Cost Share Program. If passed, it would increase reimbursement to organic operations to defray the cost of annual certification; provide $5 million in funding for database and technology upgrades related to certification of imports and enforcement of the SOE regulations; require the Agriculture Secretary to publish annual reports that address recommendation received, all regulatory and administrative actions taken, and explanations as to why actions were taken or not.8

However, this is only a hopeful framework for the passing of a future Farm Bill. Like all bills that go through the long, sometimes convoluted legislative process, it’ll take time, and the final bill may bear little resemblance to the proposed framework. “Unfortunately,” Youngblood says, “passage in 2024 seems like a long shot.” According to the National Organic Coalition, if Congress fails to pass a Farm Bill in 2024, the 2018 Farm Bill would likely be extended for another year, putting the Organic Certification Cost Share Program at risk. While Farm Bill programs with larger budgets are automatically carried forward in extensions, the Organic Certification Cost Share Program is too small to have permanent funding status in any extension.

This past spring, the NOP also called for comments on proposed organic mushrooms and pet food regulations. The mushroom standards may be circulated for a second round of public comments. Because mushrooms are fungi, they operate differently from plants and are likely to be subject to different certification standards rather than the current certification standards for crops.

Getting Involved
“It’s incredibly important to have engagement from the full organic community, including consumers and RDs,” Mendenhall says. For anyone interested in getting involved and staying up to date with organic regulations and proposals, she says participating in the Spring and Fall National Organic Standards Board meetings is a great way to submit input on organic standards and learn about future rulemaking.

— Densie Webb, PhD, RD, is a freelance writer, editor, and industry consultant based in Austin, Texas.

Sidebar
• If you’re interested in getting into all the details surrounding organic certification and regulations, it’s all here in the Federal Register: www.ecfr.gov/current/title-7/subtitle-B/chapter-I/subchapter-M/part-205#205.100

• An extensive and easier-to-read Q&A can be found on the USDA Agricultural Marketing Service website: www.ams.usda.gov/rulesregulations/strengthening-organic-enforcement/faq

• If you would like to receive announcements from the National Organic Program, you can sign up here: www.ams.usda.gov/reports/organic-insider

• For dates and information about past and future National Organic Standards Board meetings: www.ams.usda.gov/rules-regulations/organic/nosb/meetings

• USDA’s list of organic certifiers: https://organic.ams.usda.gov/integrity

References
1. Organic community praises Farm Bill framework presented by Chairwoman Stabenow. National Organic Coalition website. https://www.nationalorganiccoalition.org/blog/2024/1/2/new-organic-rules-are-on-the-horizon-for-2024. Published May 1, 2024. Accessed July 15, 2024.

2. USDA organic rules are changing. Is the food industry ready? FOODDIVE website. https://www.fooddive.com/news/usda-organic-rules-are-changing-is-the-food-industry-ready/710179/. Published March 14, 2024. Accessed July 12, 2024

3. Strengthening organic enforcement certification final rule—grace period for importers. Green Worldwide Shipping website. https://www.greenworldwide.com/strengthening-organic-enforcement-certification-final-rule-grace-period-for-importers/. Published February 28, 2024. Accessed July 14, 2024.

4. National Organic Program (NOP); strengthening organic enforcement. Federal Register website. https://www.federalregister.gov/documents/2023/01/19/2023-00702/national-organic-program-nop-strengthening-organic-enforcement. Published January 19, 2023.

5. USDA publishes strengthening organic enforcement final rule. U.S. Department of Agriculture website. https://www.usda.gov/media/press-releases/2023/01/18/usda-publishes-strengthening-organic-enforcement-final-rule. Published January 18, 2023.

6. National Organic Program (NOP); organic livestock and poultry standards. Federal Register website. https://www.federalregister.gov/documents/2023/11/02/2023-23726/national-organic-program-nop-organic-livestock-and-poultry-standards. Published November 2, 2023.

7. USDA organic changes are coming. What will it mean for farmers and consumers? Agriculture Dive website. https://www.agriculturedive.com/news/usda-organic-changes-underway-what-it-means-for-farmers-and-consumers/706826/. Published February 7, 2024. Accessed July 12, 2024.

8. June Farm Bill update. National Organic Coalition website. https://www.nationalorganiccoalition.org/blog/2024/6/4/june-farm-bill-update. Published June 4, 2024. Accessed July 11, 2024.